The most awaited update from Timor Leste is finally here – the Copyright Law was passed by the Parliament with 48 votes in favor, zero against, and one abstention. However, the Law may still be amended/corrected further before it is presented to the President of Timor Leste before its promulgation. The Copyright Law consists of 224 Articles which may still be subject to further correction.
Our firm has received an award by the Asia Business Law Journal, the definitive guide to Asia’s leading law firms and lawyers, as the winning firm in the IP Protection category in Indonesia for 2 years in a row. This is a testament to our desire to keep improving and to give the best solutions to our clients around the world. The full list can be viewed at https://law.asia/top-indonesian-law-firms/. For further information when it comes to IP protection in Indonesia, please do not hesitate to contact us at [email protected]; [email protected]
Our firm has received a rather flattering award by the Asia Business Law Journal, the definitive guide to Asia’s leading law firms and lawyers, as the winning firm in the IP Protection category in Indonesia. This is a testament to our desire to keep improving and to give the best solutions to our clients around the world. The list can be seen below: The full list can be viewed at https://law.asia/indonesia-law-firm-awards-2021/. For further information when it comes to IP protection in Indonesia, please do not hesitate to contact us at [email protected]; [email protected].
The Law No. 11 Year 2020 on Job Creations (hereinafter referred to as “the Omnibus Law”) was finally signed by the President of the Republic of Indonesia, Joko Widodo, on November 2, 2020. The Omnibus Law is 1,187 pages long and it consists of numerous revisions to the existing laws that are aimed to spur job creations in Indonesia. While it puts a stronger emphasis on the Employment Law, the Omnibus Law – after several amendments – also impacted key provisions in the Law No. 13 Year 2016 on Patents (hereinafter referred to as “the Patent Law”) and the Law No. 20 Year 2016 on Marks and Geographical Indications (hereinafter referred to as “the Trademark Law”). We herewith list the changes and revisions for your perusal: Changes to the Patent Law Simple Patent Article 3 of the Patent law has been revised to the following: (1) A Patent is granted for a novel invention, which has inventive steps and can be applied industrially. (2) Whereas a Simple Patent for a novel invention, which is the development of a product or a process that already exists and can be applied industrially. (3) The development of an existing product or process can cover: Simple products: Simple processes; or Simple methods. In addition, Article 122 of the Patent Law also regulates the following requirements regarding the Substantive Examination Request for a Simple Patent: (1) A Simple Patent is only granted for one Invention. (2) The Request for the Substantive Examination for a Simple Patent shall be done at the same time as the time of the filing of the application with official fees. (3) If the Substantive Examination Request is not filed at the time of filing of the Simple Patent application or if the Official Fees are not paid, then the Simple Patent application is considered withdrawn. Whereas Article 123 of the Patent Law which regulates the publication period is amended as under: (1) The publication of a Simple Patent shall be done no later than 14 days from the date of filing of the Simple Patent Application. (2) The publication as referred to (1) shall be done for 14 working days. (3) The Substantive Examination is conducted after the publication has ended. (4) Except for the provisions in Article 48 Para (3) and (4), an opposition against a Simple Patent application is used as a determining factor during the Substantive Examination Stage. Article 124 of the Patent Law is also amended so that the Substantive Examination period is cut by half: (1) The Minister shall issue a decision to grant/reject a Simple Patent no later than 6 months from the date of the application date of the Simple Patent. (2) A Simple Patent which is granted by the Minister shall be recorded and published via electronic or non-electronic media. (3) The Minister issues a Simple Patent certificate to the Patent Owner as the proof of ownership. Use Requirements in Indonesia remain in place despite the initial plan and proposal to scrap it altogether The initial plan to scrap Article 20 of the Patent Law was scrapped at the very last minute. Nevertheless, the Use Requirements have become “more accommodating” since it lists importation and licensing as the definition of use. Article 20 has been reworded as under: (1) A Patent shall be used/performed in Indonesia. (2) The patent performance as referred to in (1) is as under: The use/performance of a Patented product by manufacturing, importing, or licensing the patented product; The use/performance of a Patented process by manufacturing, importing, or licensing the product which has been resulted from a patented process; or The use/performance of a Patented method, system, and use by manufacturing, importing or licensing a product which has been resulted from a method, system, and use which has been patented. Changes to the Compulsory-Licensing Article 82 which regulates Compulsory-Licensing has been reworded as under: (1) A Compulsory-License is a License to use/perform a Patent which has been granted by a Ministerial Decree or based on a request under the following conditions: A Patent has not been used/performed in Indonesia as per Article 20 for 36 months after it was granted; A Patent which has been used/performed by a Patent Holder or by the Licensee in a way that is detrimental to the public interest or A Patent resulting from the development of the existing Patents granted earlier could not be implemented without using the other party’s Patents which are still under protection. (2) The Compulsory-License request will be subject to the payment of official fees. Changes to the Trademark Law Some provisions in the Trademark Law have also been revised in the Omnibus Law. The most notable changes are as under: Functional 3D Mark is no longer registrable in Indonesia According to the revised Article 20 of the Trademark Law, a Mark cannot be registered if: It is contrary to the state ideology, prevailing laws, and regulations, religious values, decency, or public order: It is the same, related to, or simply states the goods and/or services covered in the application; It contains a misleading element concerning the origin, quality, type, size, option, the purpose of use of the goods and/or services covered in the application or if the application is a name of a plant variety that is registered for the same goods and/or services; It contains inaccurate information regarding the quality, benefit, or efficacy of the goods and/or services that are produced; It lacks distinguishing elements; It is a common name and/or public symbol; and/or It contains a shape that is functional. Shorter Substantive Examination period Article 23 of the Trademark Law circumvents the Substantive Examination period from 150 working days to 30 days if there is no opposition or 90 days if there is an opposition. The amended provision is as under: (1) A Substantive Examination is an examination that is conducted by an Examiner for every Trademark Application. (2) All oppositions and/or objections are considered in the Substantive Examination. (3) If there is no opposition filed…
The 13th edition of the Global Innovation Index (GII) has just been released by Cornell University, INSEAD, and the World Intellectual Property Organization (WIPO). The GII looks at the state of innovation among the 131 economies around the world and the factors that contribute to the ranks, such as institutional environment, business sophistication, knowledge & technology outputs, creative outputs, market sophistication, infrastructure, and human capital & research. Indonesia has high scores in four out of the seven GII pillars: Infrastructure, market sophistication, Knowledge & technology outputs and creative outputs, which are above average for the lower middle-income group. Conversely, Indonesia scores below average for its income group in three pillars: Institutions, Human capital & research, and business sophistication. Indonesia, which is still ranked 85th this year – remain unmoved for 3 years in a row, falls under the Lower middle-income group and its performance is still in line with the level of development, albeit it falls short compared to its lower middle income-group neighbors in ASEAN, such as Viet Nam (42nd), and the Philippines (50th). Nevertheless, Indonesia is ranked in 9th within the lower middle-income economies, just above Kenya (86th), and it sits in the14th place among 17 economies in South East Asia, East Asia, and Oceania. Unfortunately, the statistics suggest that compared to other economies in the regions, Indonesia performs below average. The report reports the strengths and weaknesses of Indonesia as the contributing factors to the innovation index when it comes to innovations. The notable strengths, among many, include domestic market scale, trade & competition, ease of resolving insolvency, QS university ranking, and gross capital information. Whereas the contributing weaknesses, among many, include the regulatory environment, government funding, PISA scales in reading, math & science, global R&D companies, knowledge workers, scientific & technical articles/bn, tertiary inbound mobility, and FDI net outflows. Will Indonesia move up the rank next year given the current situation? #innovation #inovasi #trademark #patent #copyright #industrialdesign #Indonesia
The Indonesian Intellectual Property Office will remain closed until June 4, 2020 due to the spread of the Coronavirus which has not been fully contained. Nevertheless, all online-based services are working and the closure only affects the services that are normally done face to face. The online services have also been extended for Indonesian patent annuity payment which (finally) can be done online! This proves to be a much-anticipated and appreciated gesture by the Directorate General of Intellectual Property of the Republic of Indonesia since the payment of patent annuity was not possible since the closure started in March. If you have any questions, please do not hesitate to contact us at [email protected].
The Indonesian Intellectual Property Office will remain closed until May 29, 2020 due to the spread of the Coronavirus which has not been fully contained. As previously predicted by top health officials in the country, we are expecting to see the peak of the spread by the end of May or June. Therefore, it is very likely that the closure of the Indonesian Intellectual Property Office will be extended. Nevertheless, all online-based services are working and the closure only affects the services that are normally done face to face. If you have any questions, please do not hesitate to contact us at [email protected].
Dear friends and colleagues, It is with great sadness that AFFA Intellectual Property Rights announces the passing of Achmad Fatchy, our founder, leader, father, after a brief illness, on Tuesday, April 7, 2020, at the age of 55 years. Pak Fatchy – as we called him – will be lovingly remembered by his team at the firm as well as by his families, colleagues, clients, and by his close friends in the IP world. Mr. Fatchy established AFFA Intellectual Property Rights in 1999 and he has then successfully developed the firm to its current state. In the last 21 years of his sacrifices for the firm, AFFA Intellectual Property Rights has experienced tremendous growth under his leadership. His calm yet professional demeanor, impeccable business acumen, as well as his kindness to everyone he met will be missed forever. He has left us with a legacy to carry on, and we will make sure to keep providing you, our valued friends and clients, with the best IP services because he would have not wanted it any other way. Rest in peace, Pak Fatchy, We will miss you, always.
Dear friends and colleagues, It is the time of the year when we may have just signed up for the INTA Annual Meeting, looking for the hotels near the venue, checking out the flights, and most importantly sending some meeting invitations. The INTA Annual Meeting has proven to be an excellent occasion to meet up with friends and colleagues, as well as networking with new acquaintances to see how our firms can mutually benefit each other. This year’s INTA Annual Meeting will take place in Singapore and you can find out more about the event at https://www.inta.org/Pages/2020-Annual-Meeting-Singapore.aspx. We will be very interested to meet you to discuss how we can help you and your clients when it comes to IP protection in Indonesia, Timor Leste, and the Pacific Islands. Please send us an email at [email protected] to arrange a meeting at the time and place of your convenience. Thank you and we will see you in Singapore!
Dear friends and colleagues, We are glad to announce that we will attend the upcoming World IP Forum in Taipei from September 6 to September 8, 2019. The event will serve as a great opportunity for fellow IP professionals to learn about the latest trends in IP as well as a great chance to meet up with our colleagues whom we have worked for so many years or simply to meet up with new colleagues from all around the world. This is also a great pre-APAA event that everyone should take a part in. You can find out more about the event at https://www.worldipforum.com/ and we believe the seats are running out fast! It is best if you sign up as soon as possible. Please note that the event will be held at the Grand Hyatt Taipei, which is only 5 minutes walk from the iconic Taipei 101 Tower. We are interested to meet up with you! Please contact us at [email protected] should you wish to discuss how our firms can collaborate further.