AFFA Intellectual Property Rights

4 Steps to Prevent Your Industrial Design from Being Copied or Misused in Indonesia

Intellectual Property, Industrial DesignBy AFFA IPR March 28, 2026 Leave a comment

In business practice, product design often serves as a key differentiator in the market. However, without proper protection, such designs are highly vulnerable to imitation or even being claimed by others. Therefore, both preventive and enforcement strategies are essential to ensure your product design remains legally protected. Maintain Confidentiality Keep your design confidential by securely storing evidence of your Industrial Design creation and avoid publishing or commercializing it before registration. This is critical because novelty is the primary requirement for Industrial Design protection.For a deeper understanding of novelty, refer to our previous article: “The 4 Key Factors that Determine Industrial Design Novelty in Indonesia” File Your Industrial Design Application Promptly Submit your Industrial Design application to the Directorate General of Intellectual Property (DJKI) as soon as your design is ready—either directly or through a reliable IP Consultant.Why is this important? Because Industrial Design protection follows the first-to-file principle. Without registration, there are no exclusive rights that can be legally enforced. File an Opposition if Necessary During the registration process, there is a publication period that allows third parties to file objections.If you identify a design that is: Identical; substantially similar; or potentially infringing your rights, you may file an opposition as a legal measure of protection.This step is crucial to prevent others from obtaining rights over a design that does not rightfully belong to them. Use Proper Legal Agreements in Collaborations When working with vendors, designers, manufacturers, or business partners, it is essential to have a written agreement (contract) that clearly regulates: Ownership of the design Confidentiality (Non-Disclosure Agreement / NDA) Rights of use and distribution Without a clear agreement, the risk of future disputes—including unauthorized transfer or claims of ownership—is significantly higher. If Your Design Has Already Been Copied or Misused You still have legal options to enforce your rights—without immediately going to court. Here are the steps you can take: Gather Evidence of Infringement Identify and document: The infringing products Proof of sales or distribution Platforms or parties involved This evidence will form the foundation of your legal enforcement actions. Ensure You Hold a Valid Industrial Design Certificate The certificate serves as legal proof of ownership.Without it: Your legal position becomes weak Enforcement actions become significantly more difficult Issue a Legal Warning (Cease and Desist Letter) A warning can be delivered formally (in writing) or informally (verbally) as an initial step.Its purpose is to: Notify the infringer Open the possibility for resolution without escalating the dispute Utilize Alternative Dispute Resolution (ADR) If the warning is ineffective, you may proceed with: Mediation Negotiation Arbitration These methods are generally faster, more cost-efficient, and confidential (unlike court proceedings). Ultimately, protecting your Industrial Design is not solely about registration—it requires a well-planned strategy from the initial stage through to enforcement. Should you have further questions regarding Industrial Design registration and protection in Indonesia, feel free to contact us through the following channels and receive a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

Can You Protect Checkered Sarong Designs Under Indonesian IP Law?

Intellectual Property, Copyright, Industrial DesignBy AFFA IPR March 24, 2026 Leave a comment

Sarong fabrics featuring checkered patterns and distinctive color combinations often serve as a unique identity of a particular region or brand. Due to their visual appeal and strong market demand, these designs are frequently commercialized. This raises an important question: can such patterns be protected as exclusive rights in Indonesia, and if so, under which type of Intellectual Property protection? Available Forms of Protection in Indonesia Checkered patterns and color combinations on sarongs can be protected under Indonesian Intellectual Property law, depending on how they are created and used. The two most relevant forms of protection are Copyright and Industrial Design. Protection as Copyright Under Law No. 28 of 2014 on Copyright, protection is granted to artistic works, including motifs or designs with artistic value. A sarong pattern may qualify for Copyright protection if it: Is created as an original artistic work; Demonstrates creativity and uniqueness; and Is not merely a common or repetitive pattern widely available in the market. Examples include: A sarong motif specifically designed by a designer; A pattern with a distinctive composition of lines and colors that reflects strong artistic character. In this case, the protection applies to the artistic motif itself, not the sarong product. Protection as Industrial Design If the pattern is applied to sarongs that are mass-produced and sold commercially, serving as part of the product’s visual appearance and market appeal, then Industrial Design protection is more appropriate. Under Law No. 31 of 2000 on Industrial Design, the aesthetic appearance of a product—such as compositions of lines and color combinations—can be protected as an Industrial Design. In this context, the protection covers the appearance of the sarong as a commercial product. Which Protection Is More Appropriate? Both forms of protection are available, and the choice depends on the intended strategy: Aspect Copyright Industrial Design Object Artistic Work (Motif) Product Appearance Protection Automatic (registration optional but recommended) Must be Registered Requirement Originality Novelty Term Life of the author + 70 years 10 years Business Value More Abstract More Specific & Practical Can Both Protections Be Used? Yes. A combined strategy is often the most effective. For example: The original motif created by a designer can be protected under Copyright; Once applied to sarongs and commercialized, the design can also be registered as an Industrial Design. This approach ensures long-term protection of the artistic work, while also securing strong commercial protection for the product. However, it is important to ensure that the design is actively used in business, so that the investment in registration or recordation provides real value. Do you have a unique motif you want to protect? Contact us through the following channels and get a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

The Ultimate Guide to Indonesia’s Latest Patent Regulation Under the Ministry of Law Regulation No. 6 Year 2026 on Patent Applications

Patent, Intellectual PropertyBy AFFA IPR March 20, 2026 Leave a comment

The Government of the Republic of Indonesia has recently enacted the Ministry of Law Regulation No. 6 of 2026 concerning Patent Applications (hereinafter referred to as the “Regulation”), establishing an updated regulatory framework governing the procedural aspects of Patent filings before the Directorate General of Intellectual Property (DGIP). The new regulation represents an important development in Indonesia’s Patent administration, reflecting the government’s continuing efforts to enhance the efficiency, transparency, and legal certainty of the national intellectual property system. Furthermore, the regulation serves as the implementing regulatory framework for the latest amendment to the Patent Law under the Law No. 65 Year 2024 on the Third Amendment of the Law No. 13 Year 2016 on Patents. From a practical perspective, the regulation introduces a number of procedural refinements and clarifications that are relevant to Patent applicants and practitioners managing Patent portfolios in Indonesia. In particular, the new provisions address several aspects of the Patent application process, including filing formalities, supporting documentation, and administrative procedures before the DGIP. As Indonesia continues to attract increasing levels of technological investment and innovation-driven activity, understanding these regulatory developments will be essential for applicants seeking effective and timely Patent protection in the jurisdiction. We herewith provide you with the summary of the Regulation for your perusal: Minimum Information and Document Requirements for Application Article 2 of the Regulation stipulates the minimum information required for the submission of a Patent application. These requirements include the following: a. the date, month, and year of the Application letter; b. the name, full address, and nationality of the Inventor; c. the name, full address, and nationality of the Applicant, in the event that the Applicant is not a legal entity; d. the name and full address of the Applicant, in the event that the Applicant is a legal entity; e. the name and full address of the Attorney, in the event that the Application is filed through an Attorney; f. the title of the Invention; g. the name of the country and the Filing Date of the first Application, in the event that the Application is filed with a Priority Right; and h. the Patent Cooperation Treaty (PCT) number and the international Filing Date, in the event that the Application is filed based on the Patent Cooperation Treaty. Furthermore, an application should also be complemented with the following: a. Title of invention; b. Description of the Invention; c. Claims defining the scope of protection sought; d. Abstract of the Invention; e. Drawings, where the Application includes drawings necessary for the understanding of the Invention; f. Power of Attorney, where the Application is filed through a licensed IP attorney/agent; g. Assignment of Rights to the Invention, where the Application is filed by an Applicant who is not the Inventor; h. Certificate confirming the status of a micro or small enterprise, educational institution, or government research and development institution, issued by the competent authority, where the Applicant qualifies under such category – however, this only applies to local entity; i. Certificate of deposit of a microorganism, where the Application relates to a microorganism; and j. Statement from the Applicant regarding the origin of Genetic Resources and/or Traditional Knowledge, where the Invention involves Genetic Resources and/or Traditional Knowledge. Sub Sections and Sequence Listinga. Field of the Invention A description and explanation of the technical field to which the Invention relates.b. Background of the Invention An explanation of the technical background of the Invention, known to the Applicant, is necessary for understanding, searching, and examining the Invention. This section may also refer to prior documents forming part of the technical background and may include an explanation of the technical advantages and benefits of the Invention compared with existing technologies in the same field. c. Brief Summary of the Invention A concise explanation describing the embodiment of the Invention and how it may be implemented. d. Brief Description of the Drawings A short explanation of matters relating to the drawings, where the Application includes drawings. e. Detailed Description of the Invention A complete explanation of at least one method of carrying out the Invention. Where appropriate, the description may refer to the accompanying drawings and must explain how the Invention can be applied in industry or used in practice, particularly where the nature of the Invention makes it difficult to describe purely in words. f. Sequence Listing Where applicable, a sequence listing provided in a format compliant with international standards and submitted in Portable Document Format (PDF). Both English and Indonesian Translations Must Be Submitted Article 7 of the Regulation stipulates that in the event that the Patent description is written in foreign languages other than English, the applicant will still be required to provide the English AND Indonesian translations within 30 days from the date of application. There is no extension of time for this submission, and we encourage the applicants to provide the required translations within the deadline. National Phase Entry Deadline and Extension Under Article 37 of the Regulation, a Patent application filed under the Patent Cooperation Treaty (PCT) designating Indonesia must be submitted to the Minister as the receiving authority for the national phase entry within a period of no later than 31 (thirty-one) months, calculated from: a. the international filing date; or b. the earliest priority date. Where an application is submitted after the 31-month time limit, the applicant or their authorized representative may be granted an extension for filing the application, subject to the payment of the applicable fee in accordance with the prevailing regulations governing Non-Tax State Revenue (PNBP) within the Ministry of Law. The extension of time referred to above may be granted for a maximum period of 3 (three) months from the expiration of the filing deadline, calculated from the international filing date. Furthermore, an extension may be granted for a maximum period of 12 (twelve) months from the expiration of the filing deadline, calculated from the earliest priority date. If the application is filed beyond the extension periods…

Details

Understanding Intellectual Property in a Single Hamper

Intellectual PropertyBy AFFA IPR March 18, 2026 Leave a comment

As the festive season approaches, markets and shopping centers are filled with a wide variety of attractive hampers. These gift sets typically include a combination of food, beverages, and handicraft items, packaged exclusively for family members, business partners, or associates. However, within a single hamper gift, various types of Intellectual Property (IP) are embedded in each element. Understanding this is essential, particularly for business owners who aim to enhance their business value while also legally protecting their products. Trademark This is likely the type of IP you are most familiar with. As an identifier for a product, a Trademark provides a unique, easily recognizable name or logo. From the name or logo, consumers can form impressions about taste, quality, and even price range, as Trademarks are closely linked to a product’s branding. If your product’s Trademark has been registered, it is protected for 10 years from the filing date and can be renewed every 10 years thereafter. Industrial Design Beyond the name, attention is often drawn to the unique packaging that wraps these products. From ribbon designs, packaging bags, to boxes with distinctive folds, these elements can be protected as Industrial Designs. The main requirement for registration is novelty. In many cases, unique packaging design becomes a key differentiator in the market, sometimes even more influential than the product itself. Once registered, an Industrial Design is protected for 10 years and cannot be renewed. Copyright On product packaging, we often find popular characters, photographs, or unique illustrations that are protected under Copyright. Copyright protection arises automatically once a work is created, without the need for registration. However, recordation is still recommended to strengthen proof of ownership and facilitate enforcement in case of disputes. In general, Copyright protection lasts for the creator’s lifetime plus 70 years. Trade Secret Do your hampers include delicious, long-lasting chocolates, exceptionally tasty cookies, or other distinctive food and beverages? These products may rely on recipes known only to certain individuals and are protected as Trade Secrets. Trade Secrets do not require registration with the government, including the Directorate General of Intellectual Property (DJKI). Protection is maintained through confidentiality agreements between relevant parties. Such agreements also regulate sanctions in the event of unauthorized disclosure. Geographical Indication If your hampers include products such as Gayo Coffee, Salak Pondoh, Kerinci Cinnamon, or Sikka Ikat Weaving, these are also forms of protected Intellectual Property. As Geographical Indications, these products represent qualities and reputations tied to their place of origin. Ownership is not granted to individuals but to institutions representing the local community, as well as regional or local governments. With Geographical Indication protection, these products gain higher market value, stronger regional branding, and broader export opportunities. Interestingly, these various types of IP do not have to exist separately across different products. In many cases, a single product may simultaneously contain a Trademark, Industrial Design, and Trade Secret. The key lies in how we analyze and leverage this information as a source of business inspiration moving forward. By owning Intellectual Property, businesses gain valuable intangible assets that enhance business value, provide legal protection, enable monetization, and strengthen competitiveness in the market. Should you have further questions regarding the registration and protection of Intellectual Property in Indonesia or internationally, feel free to contact us through the following channels and get a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

Absolute Grounds for Trademark Refusal in Indonesia: Morality, Public Order & Descriptiveness

Intellectual Property, TrademarkBy AFFA IPR March 17, 2026 Leave a comment

Many business owners assume that as long as a name or logo has not been used by another party, it can be registered as a Trademark without any issue. In practice, however, during the examination process at the Indonesian Trademark Office (DGIP), there are several reasons why a Trademark Application may be rejected outright—even without considering whether there is an identical or similar Trademark owned by another party. These reasons are known as “absolute grounds for refusal,” as stipulated in Article 20 of Law No. 20 of 2016 on Trademarks and Geographical Indications. Rejected Without Comparing Other Trademarks Absolute grounds for refusal relate to the substance of the Trademark itself, rather than conflicts with existing Trademarks. In practice, the most common reasons include: Being contrary to morality Being contrary to public order Being descriptive of the goods or services Understanding these three aspects is crucial so that business owners can avoid rejection from the very beginning. Trademarks Contrary to Morality One of the most fundamental reasons for rejecting a Trademark is when the sign is considered to violate societal norms of decency or morality. This may include the use of words, images, or symbols that: Contain pornographic elements Insult or demean certain groups Include vulgar or inappropriate language Potentially offend cultural or religious values The purpose of this rule is to ensure that the trademark registration system does not grant legal protection to signs that may harm social values within society. Examples include: Names containing vulgar expressions Logos depicting symbols that may insult certain beliefs Even if a sign may be considered creative from a marketing perspective, if it is deemed to violate public moral standards, the Trademark Application will most likely be rejected. Trademarks Contrary to Public Order In addition to morality concerns, DGIP may also reject signs considered to be contrary to public order. Public order relates to the broader interests of society and social stability. Therefore, Trademarks containing the following elements may be refused: The use of state symbols without authorization Unauthorized use of symbols of international organizations Elements that may provoke social or political conflict Signs that mislead the public regarding official authority or status For example, the use of national emblems, national flags, or official government symbols in a Trademark is generally not allowed without special permission. The reason is simple: the public may assume that the product has an official connection with a government institution or authority, when in fact it does not. Descriptive Trademarks Another very common reason for Trademark refusal is when the sign is descriptive. A Trademark is considered descriptive when it directly describes: the type of goods or services the quality of the product the function of the product the characteristics of the product the geographical origin of the product For example: The term “DELICIOUS COFFEE” for coffee products The term “FRESH” for beverages The term “SUPER FAST DELIVERY” for courier services The problem with descriptive Trademarks is that such terms must remain available for use by other businesses to describe their own products. If these common terms were granted exclusive rights to one party, other businesses would face difficulties describing their products fairly in the marketplace. Therefore, Indonesian Trademark Law requires that a Trademark must possess distinctiveness in order to be registered. Why Understanding Absolute Grounds for Refusal Matters By analyzing these three grounds for refusal, you can not only minimize the risk of rejection but also gain several advantages: The registration process can proceed more efficiently The risk of losing the registration fees can be minimized Your branding strategy can continue according to plan Should you have further questions regarding the absolute grounds for refusal in Trademark registration in Indonesia or abroad, feel free to contact us through the following channels and receive a FREE 15-minute consultation. 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

Add More Classes or Register a New Trademark? Which Strategy Is Right for Your Business?

Intellectual Property, TrademarkBy AFFA IPR March 11, 2026 Leave a comment

In an ever-evolving business environment, companies often expand their product lines or enter new business sectors. At this stage, an important question frequently arises: “Is it sufficient to extend Trademark protection by adding more classes, or is it better to register a new Trademark?” Understanding the difference between these strategies is crucial because the decision will affect the scope of legal protection, branding strategy, and future registration costs. Understanding the Trademark Class System In Trademark registration, each application is filed for specific goods or services, which are categorized under the international classification system known as the Nice Classification. For example: Class 25: clothing Class 30: food products such as coffee or biscuits Class 35: trading or retail services Class 43: restaurant or café services If a business uses the same Trademark name across different types of goods or services, its protection can be extended by registering the Trademark in all relevant classes. However, in practice, not every business expansion should rely solely on this strategy. Related article: One Product with Multiple Trademarks: A Smart Protection Strategy or Simply Overkill? 3 Reasons Why Adding Classes May Be More Appropriate Expanding the classes of an existing Trademark is generally more appropriate when the brand identity remains the same and is consistently used across different products or services. Here are several common situations: Expanding Products Under the Same Trademark If a company expands its product line while still using the same Trademark name, adding classes becomes a logical choice. Example: A company owns the Trademark “NUSACOFFEE”, registered for coffee in Class 30. Later, the company begins selling: packaged coffee beans ready-to-drink coffee beverages coffee capsules In this case, Trademark protection can simply be expanded to the relevant classes without creating a new Trademark. A Strong and Well-Known Trademark If a Trademark is already widely recognized in the market, maintaining one consistent brand identity across related product categories can be an effective branding strategy. Example: An electronics company using the same Trademark for products such as: headphones speakers other audio devices In such situations, adding classes can strengthen the protection of an already reputable Trademark. Expanding into Related Services Many businesses initially sell products and later expand into related services. Example: a cosmetics manufacturer opening beauty treatment services a coffee producer opening a coffee shop In such cases, registering the Trademark in additional service classes can extend protection without creating a new brand. 5 Reasons Why Registering a New Trademark May Be the Better Choice On the other hand, there are many situations where registering a new Trademark is the more appropriate strategy rather than simply adding more classes. Different Target Markets If a new product targets a different consumer segment, using the same Trademark may not be effective. Example: A company with an energy drink brand targeting young consumers may want to enter the premium health beverage market aimed at adults. In this situation, a new Trademark may help build a distinct brand identity. Significant Differences in Product Characteristics Products that are fundamentally different often require different branding strategies. Example: A technology company may have a main Trademark for hardware products, but when launching a subscription-based software service, it may choose a new Trademark to create clearer market positioning. Multi-Brand Strategy Many large companies deliberately adopt a multi-brand strategy to reach different market segments. Example: A single company may own several Trademarks within the same product category but with different positioning, such as: premium brand mid-range brand budget brand This strategy allows companies to avoid conflicts in brand image across products. Reducing Risk if One Brand Faces Problems Using one Trademark across too many product categories may increase business risk. If one day: a legal dispute arises the brand’s reputation declines a product faces quality issues the negative impact could spread to all product lines. Having separate Trademarks allows companies to isolate and manage such risks more effectively. Collaboration or New Sub-Brands If a new product is developed in collaboration with another party or launched as a special project, using a new Trademark may be more appropriate. This approach makes it easier to manage: Trademark ownership licensing agreements long-term brand management. Or Combine Both Strategies In modern business practice, many companies do not rely on only one strategy. Instead, they combine both approaches. For example, maintaining a master brand while introducing sub-brands or new Trademarks for specific products. With this approach, companies can: preserve the strength of the main brand while building more specific product identities. Ultimately, the decision between adding classes or registering a new Trademark should not be based solely on administrative considerations. It should also take into account the company’s long-term business and branding strategy. Should you need more information regarding Trademark registration strategies in Indonesia or internationally, feel free to contact us through the following channels and receive a FREE 15-minute consultation. 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

How Does Indonesia Stand in the Latest USTR “Notorious Markets” Report?

Intellectual Property, TrademarkBy AFFA IPR March 10, 2026 Leave a comment

Every year, the Office of the United States Trade Representative (USTR) publishes the “Review of Notorious Markets for Counterfeiting and Piracy,” a report containing findings on various online and physical markets around the world that are suspected of facilitating large-scale Trademark counterfeiting and Copyright piracy. The primary purpose of this report is to encourage governments, industry stakeholders, and platform operators worldwide to strengthen their efforts in preventing intellectual property violations, while also raising public awareness about the negative impact of piracy and counterfeit goods on the global economy. In the latest 2025 Notorious Markets List (NML), released on March 3, 2026, USTR identified 37 online markets and 32 physical markets that are considered to have significant levels of intellectual property infringement activity. So, where does Indonesia stand in this latest report? Sports Broadcasting Piracy and the Digital Ecosystem Become Major Concerns Many people may still be unaware that sports broadcasts, just like films or television series, are protected by Copyright. This means that broadcasting or distributing such content across various platforms without authorization and without paying the required licensing fees for broadcasting rights constitutes Copyright infringement. For those aware of this, it may already be apparent that major global sporting events, such as MotoGP or the FIFA World Cup, are becoming increasingly difficult to watch without subscribing to specific platforms. This situation arises because Copyright owners or rights holders for sports broadcasts set substantial licensing fees for these events. According to USTR, the global valuation of sports broadcasting rights reached approximately USD 62.6 billion in 2024. As a result, any unauthorized “leak” or illegal streaming of such broadcasts is considered to cause significant economic losses to the global entertainment industry, making piracy of sports content a serious threat to both the creative industry and the broadcasting business model. The report also highlights how the modern digital ecosystem—including hosting providers, streaming platforms, cyberlockers, and online advertising networks—can become channels for distributing pirated content if they lack adequate monitoring and complaint mechanisms. E-Commerce and Social Media Become Key Channels for Counterfeit Goods Another important finding in the report is the shift in counterfeit goods distribution from physical markets to digital platforms, particularly through: e-commerce marketplaces social commerce platforms influencer marketing misleading digital advertisements Intellectual property rights holders have reported that fake advertisements and influencer promotions on social media are increasingly being used to direct consumers to counterfeit or pirated products. However, the report also notes that several digital platforms have begun adopting stronger anti-counterfeiting policies, such as: seller identity verification faster notice-and-takedown systems automated detection tools for counterfeit products enhanced cooperation with rights holders and law enforcement authorities These measures are considered essential to creating a safer digital commerce ecosystem for both consumers and Trademark owners. What About Indonesia? In previous editions of the report, Indonesia had been highlighted due to the circulation of counterfeit goods in both physical markets and e-commerce platforms. In the latest report, however, the spotlight is primarily on physical markets, while Indonesian e-commerce platforms are no longer a major focus of concern. This may indicate that improvements made by the Indonesian government, digital platforms, and Trademark owners are beginning to show positive results, particularly in: strengthening anti-counterfeiting policies within marketplaces cooperation with Trademark owners mechanisms for removing infringing product listings increasing public awareness of counterfeit products Although challenges in intellectual property enforcement remain, the reduced scrutiny of Indonesia’s e-commerce sector in the latest report represents a significant development. What Steps Can Be Taken Next? For businesses—especially those engaged in international trade—reports such as the Notorious Markets List carry several important implications: They indicate the level of intellectual property infringement risk in certain markets or countries, helping businesses plan preventive measures and Trademark protection strategies. They influence the perception of investors and international trading partners, as countries with higher infringement risks may find it harder to attract investment. They encourage greater compliance and monitoring by digital platforms, since intellectual property violations in one country or region are increasingly monitored on a global scale. Should you have questions regarding the latest USTR Notorious Markets report or about trademark protection in Indonesia and abroad, please contact us through the following channels and receive a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 Source: USTR “Notorious Markets” 2025 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

Indonesia New Trademark Registration Rules: Scanned Passport & Article of Association are Now Mandatory for Foreign Applicants

Intellectual Property, TrademarkBy AFFA IPR March 6, 2026 Leave a comment

The Government of the Republic of Indonesia has officially enacted Minister of Law Regulation (Permenkum) No. 5 of 2026, which introduces updates to the regulations governing Trademark registration in Indonesia. This regulation replaces Minister of Law and Human Rights Regulation No. 67 of 2016 (including its amendments), which is considered no longer aligned with current legal developments and practical needs. Furthermore, this new regulation implements Law No. 6 of 2023 on Job Creation (UU Cipta Kerja), which amended several provisions of the Trademark and Geographical Indications Law. What’s New in This Regulation? Many of the general changes to application requirements are set out in Article 2, Paragraph (4), which regulates the required documents for Trademark applications. The key updates include: Identity Card/ Passport Becomes a Mandatory Document For applicant identification documents, the following are now mandatory for individual applicants: National Identity Card (KTP) Child Identity Card (KIA) Limited Stay Permit Card (KITAS) Permanent Stay Permit Card (KITAP) The new regulation also explicitly recognizes the KIA as a valid form of identification.For foreign applicants, whether filing directly or through an attorney, a scanned copy of the passport must be submitted. Director’s Identity Card/ Passport and Article of Association Required for Corporate Applicants If the applicant is a legal entity or company, whether domestic or foreign, the following documents are now mandatory: A scanned copy of the director’s Identity card/ passport, and The articles of association of the company. Certified Translation for Priority Rights If an application claims Priority Rights, the priority document must be accompanied by an Indonesian translation prepared by a sworn translator. With the enactment of this regulation, all Trademark applications filed after the regulation’s promulgation date must comply with these new requirements. Applications submitted before the regulation came into effect will continue to be processed under the previous rules. Should you have questions regarding the new regulations on Trademark registration and protection in Indonesia, please contact us through the channels below and receive a free 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

8 Benefits of Registering Patents in Indonesia

Patent, Intellectual PropertyBy AFFA IPR March 3, 2026 Leave a comment

Amid the growing pace of innovation and technology-driven competition, legal protection for inventions has become increasingly crucial. In 2024, Indonesia ranked 4th globally as a country of origin with the highest number of Simple Patent (Utility Model) filings, totaling 4,842 applications. This increase reflects a growing awareness of the importance of Patent protection. But what are the actual benefits of owning a protected Patent? This article outlines eight key benefits of registering a Patent in Indonesia, based on the applicable legal framework. Exclusive Rights of the Patent Holder A Patent grants Exclusive Rights to its holder to exploit the invention and to prohibit others from exploiting it without authorization. For Product Patents, the prohibition includes making, using, selling, importing, leasing, delivering, or supplying the patented product. For Process Patents, the exclusive rights include the use of the patented process and the exploitation of products directly resulting from that process. These rights are valid for the duration of protection as stipulated by law. Legal Certainty Under the First-to-File Principle Indonesia adopts the first-to-file principle, meaning that rights are granted to the party that first files an application meeting the legal requirements. Timely filing: Secures legal standing, Prevents competing claims, and Protects the invention before it loses novelty due to public disclosure. Patent as a Basis for Enforcement An issued Patent certificate can serve as a legal basis for enforcement in case of infringement. In practice, a Patent holder may: File a civil lawsuit with the Commercial Court to claim damages and request cessation of infringement. File a criminal complaint, as Patent infringement constitutes a complaint-based offense, meaning legal proceedings begin upon the rights holder’s complaint. In civil cases, damages may include: Actual economic losses, and Proven lost profits. Evidentiary Advantage for Process Patents In disputes involving Process Patents, the law provides a mechanism to reverse the burden of proof. Under certain conditions, the defendant must prove that the process they use differs from the patented process. This provision strengthens the legal position of Process Patent holders in proving infringement. A Commercial Asset That Can Be Licensed A Patent can be commercialized through Licensing agreements under a royalty scheme. To have legal effect against third parties, a Licensing agreement must be recorded with the Directorate General of Intellectual Property (DGIP). Thus, a Patent not only provides legal protection but also generates economic value. Encouraging Technology Implementation in Indonesia The Patent Law requires Patent holders to implement their inventions in Indonesia within a certain period after grant. Implementation may take the form of: Production, Use of the patented process, Importation for commercialization purposes, or Granting a License. This provision promotes the utilization of technology for national economic development. Protection for Products Resulting from a Patented Process For Process Patents, protection does not stop at the process itself but also extends to products directly resulting from that process. This broadens the scope of protection and prevents circumvention through non-substantial modifications. Enhancing Business Value and Credibility In practical terms, Patent ownership: Increases company valuation, Strengthens positioning in technology collaborations, and Provides certainty in investment or partnership negotiations. In an innovation-driven business ecosystem, a Patent serves as an indicator of a company’s technological strength and seriousness. Ready to register your Patents in Indonesia? Contact us through the following channels and get a FREE 15-minute consultation. 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details

When Weather Can Be Engineered in Indonesia: Is There a Role for Patents? Who Owns It?

Patent, Intellectual PropertyBy AFFA IPR February 23, 2026 Leave a comment

Recently, Indonesia has once again been confronted with extreme weather phenomena: high-intensity rainfall within short periods, urban flooding, and drought in other regions. Climate variability is becoming increasingly evident—and increasingly costly in its impact. Amid this situation, a strategic question arises: “Are we merely spectators of changing weather patterns, or can we become technological innovators capable of managing them?” Weather Modification Technology (WMT) shows that Indonesia has never been passive. Since the trials in Bogor in 1977 and the Jatiluhur project in 1979, Indonesia has developed the capacity to intervene in cloud microphysical processes. However, behind these operational activities lies a much broader space for innovation—particularly in the field of Patents. Correcting Misconceptions: WMT Does Not Create or Move Rain Scientifically, WMT does not create clouds out of nothing, nor does it eliminate them. The intervention targets existing clouds by introducing hygroscopic particles that function as Cloud Condensation Nuclei (CCN). The World Meteorological Organization (WMO) has emphasized that the atmospheric energy scale is far too large to create rain instantly. Realistic intervention focuses on optimizing condensation and droplet coalescence processes. This is where the engineering dimension opens up real innovation opportunities—not myths—and where the role of Patents becomes crucial. From Table Salt to Engineered Compositions: The Evolution of Inventions The classical approach in Indonesia involves dispersing NaCl powder of approximately 50 microns from aircraft, even using food-grade salt to minimize contamination risks. Domestic studies have shown that its use does not significantly impact water quality. However, innovation has not stopped at simply dispersing salt. Engineering Hygroscopic Solution Compositions Patent S00202512764, owned by the National Research and Innovation Agency (BRIN), introduces a composition of NaCl (95–99%) and methanol (90–99%) in a 1:5 ratio, designed to produce micro hygroscopic particles (≥1 µm) through combustion in a Ground Particle Generator system without pyrotechnic mechanisms. This means: Not merely adding material; But engineering aerosol characteristics; With a controlled particle size as CCN. This approach reflects a paradigm shift—from “adding material” to “designing particles.” More Hygroscopic Alternatives: MgCl₂ and CaCl₂ Patent P00201602375, owned by the Agency for the Assessment and Application of Technology (BPPT), explores magnesium chloride hydrate (MgCl₂·nH₂O), which is more hygroscopic than NaCl. The claimed advantages: More effective moisture absorption; More practical than pyrotechnic flares; Less corrosive to equipment. Here we see that innovation extends beyond meteorology into logistics, safety, and operational efficiency. Alternative Platforms: From Aircraft to Ground-Based Towers Beyond aircraft, Indonesia has developed Ground-Based Generators (GBG) for orographic rain clouds. Advantages include: Lower operational costs; Automation capability; Remote operation; Suitability for mountainous regions. Patent P00202506598, also owned by BRIN, details an ejector nozzle system operating at ≥10 bar, designed to reach warm cloud targets up to 100 meters above the unit. The design has been validated through CFD simulations—entering the realm of precision fluid engineering. Thus, this is no longer merely field operations, but a mature engineering system design. The Future: Engineered CCN and Nano-Particles The National Oceanic and Atmospheric Administration (NOAA), often considered the U.S. equivalent of Indonesia’s meteorological agency, explains that every cloud droplet forms around condensation nuclei—dust, salt, or other hygroscopic particles. Patent P00201300563, owned by BPPT, attempts to go further by: Producing nano-particles (0.1–0.3 µm); At high particle generation rates; Through atomization and high-temperature processing. If particle size and concentration can be controlled stably: Material efficiency increases; Operations become more consistent; Generators can be ground-based; Dependence on flares decreases. This is where disruptive innovation can continue to evolve—and be protected through Patents. Extreme Weather as a Catalyst for Innovation and Patent Protection Ultimately, extreme weather is not merely an environmental issue. It concerns food security, energy (hydropower and reservoirs), infrastructure, and even geopolitics. Within every technological solution lies a Patent opportunity. Indonesia already possesses operational WMT capabilities, technical human resources, universities, research institutions, and real market demand. Yet protection of inventions at an early stage, commercialization strategies, and the courage to transform technology into IP assets remain limited. This phenomenon should inspire Indonesian innovators to continue innovating—because market needs exist, licensing opportunities exist, and royalty potential exists through Patents. Imagine if Indonesia could: Design next-generation, more efficient CCN; Develop IoT- and AI-based aerosol generators; Integrate CFD simulations with real-time radar data; Create next-generation, environmentally friendly seeding materials; Export GBG systems to other tropical countries. In the end, weather engineering is no longer merely a government project. It has evolved into a Patent ecosystem—a space of innovation that offers economic value and strategic advantage for inventors. With proper, strategically designed, and legally protected Patent registration, research results do not stop as technical reports. They transform into assets with bargaining power, commercial value, and ownership certainty. Everything begins with one fundamental step: the courage to turn research into inventions—and inventions into protected assets. If you are a researcher, startup founder, systems engineer, chemical industry professional, or technology investor, today’s extreme weather phenomenon is not merely an environmental challenge. It is a momentum for innovation. Should you need assistance with Patent registration strategy and protection, contact us through the following channels and receive a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Details