AFFA IP EDUCATION SERIES ON YOUTUBE

Intellectual Property

AFFA Intellectual Property Rights – Indonesia & Timor Leste presents: AFFA IP Eduction: Episode 1 – Hal-hal yang harus diperhatikan sebelum mengajukan permohonan pendaftaran merek di Indonesia. Please see our video on the following link on Youtube – https://www.youtube.com/watch?v=pNjgpfWKYc8 We will be uploading more contents about Intellectual Property in Indonesia. Please subscribe and stay tuned!  #trademarklaw #Merek #Trademark #KekayaanIntelektual #KI #IP

The Definition of Patent in Indonesia

Intellectual Property

The Indonesian patent scene has undergone various changes throughout the years but the very basic concept still remains – that it is an immaterial right that deserves to be protected by law. On the surface level, the Indonesian Civil Code guarantees the protection of all goods and rights which belong to a person. Specifically, Article 499 of the Indonesian Civil Code states that “the law interprets as assets all goods and rights which can be the subject of property.” As the lex specialis goes, Indonesia currently adopts Law No. 13 Year 2016 on Patents (hereinafter is referred to as “the Indonesian Patent Law“) which is the pillar of patent protection in Indonesia. Article 1 point 1 of the Indonesian Patent Law stipulates that a patent is an exclusive right granted by the state to an inventor for the invention in the field of technology for a certain time period to exclusively use the invention or to grant the rights to other parties to use it. By law, there are 2 kinds of patents in Indonesia, namely Patents and Simple Patents – both of them can cover products and processes. A Patent is valid for 20 years from the date of filing in Indonesia. To be registered in Indonesia, it has to meet 3 prerequisites, namely: *Novelty *Inventive Steps *Industrial Application It may take approximately 4 to 5 years from filing to registration, depending on the subject matter of the patent application. Whereas a simple patent is valid for 10 years from the date of filing in Indonesia. To be registered in Indonesia, it only has to meet 2 prerequisites, namely: *Novelty *Industrial Application It may take approximately 2 to 3 years from filing to registration, depending on the subject matter of the patent application. If you have any questions about patent in Indonesia, please contact us at [email protected].

Further Closure at the Indonesian IP Office until June 4, 2020 and Online Indonesian Patent Annuity Payment

Event, Intellectual Property

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 IP Office will remain closed until May 29, 2020

Event, Intellectual Property

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].

Intellectual Property Protection in Indonesia During the Covid-19 Pandemic

Intellectual Property

    Since the start of the Covid-19 Pandemic, the Indonesian Intellectual Property Office has taken appropriate measure to curb the spread of the virus by ceasing all face to face services since March 23, 2020 until May 13, 2020. However, there is a high likelihood that the face to face services will remain postponed after May 13, 2020 since there is little evidence which suggests that the spread of the virus has slowed down in Indonesia. However, worry not – since 2017 most of the Intellectual Property related services (i.e. new filings, renewals, filing oppositions, responding to office actions, etc) can be filed online. The availability of the online services have, in a way, prepped us for the pandemic since there are only minor disruptions that we have experienced in the past 2 months (i.e. not being able to pay the patent annual maintenance fees is the only problem that we have for now). Therefore, it is business as usual! Apart from the general prosecution, the Indonesian Intellectual Property Office has also made it possible for the right holders to report Intellectual Property related infringements online, which can be done at pengaduan.dgip.go.id. The right holders can also check the latest status of the actions that have been taken by the Indonesian Intellectual Property Office Once the complaint has been lodged. Should you have any questions, please let us know at [email protected].

Remembering Achmad Fatchy, the founder of AFFA Intellectual Property Rights

Event, Intellectual Property

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.

COVID-19, Indonesian IP Office Closure, and Work from Home Arrangements

Intellectual Property

Dear friends and colleagues,   We hope you and your family are doing well.   Due to the spread of COVID-19 in Jakarta, Indonesia, the Indonesian IP Office has suspended all physical services until the end of March. All deadlines in March have also been postponed until March 31st, 2020. However, depending on the situation, the Indonesian IP Office closure and the deadline may be extended until further notice. However, all E-Filing services are still in operation and we therefore still can file new applications/renewals if required.   All of our staff members are currently working from home until the situation gets better. We nevertheless will respond to your queries as soon as possible. The decision had to be taken since the safety and wellbeing of all of our staff members are of paramount importance.   Thank you for your kind attention and we remain at your services for Indonesia, Timor Leste, and Papua New Guinea IP matters.   Best regards,   Emirsyah Dinar/Achmad Fatchy

Trade Secret Scope of Protection in Indonesia

Intellectual Property

The protection of Trade Secrets in Indonesia is regulated under Law No. 30 Year 2000 on Trade Secret (“Trade Secret Law”). By definition, a Trade Secret is information that is unknown to the public in the field of technology and/or business. The information should also posses economic value due to its use in trade, and the secrecy should be kept by the owner. According to Article 2 of the Trade Secret Law, the following points qualify to be considered as Trade Secrets: Production method Processing method Sales method Other information in the field of technology or business Have economic value Unknown to public Should you require further information on how to protect your trade secret in Indonesia, please do not hesitate to contact us at [email protected].  

Renewal of Patent Implementation Postponement Request in Indonesia

Intellectual Property

Since the enactment of the Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 15 Year 2018 on the Postponement of Patent Implementation by the Patent Holder, we estimated that thousands of patent holders may have lodged in the requests to postpone the implementation of their patent registrations in Indonesia. This is seen as an important action given the limitation that exists in Article 20 of the Patent Law which states that a registered patent product/process has to be used/implemented in Indonesia. The Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 15 Year 2018 on the Postponement of Patent Implementation by the Patent Holder allows the postponement of 5 years from the registration date and it can be renewed for another 5 years as long as the patent holder provides strong reasons as to why another postponement is required. Once the request to postpone the implementation has been granted by the Indonesian Patent Office, the Patent Office will issue a notification that states the timeline of the postponement (5 years) and the deadline to renew the postponement, if necessary. Should you require any assistance with patent protection in Indonesia, please do not hesitate to email us at [email protected]; [email protected]; [email protected].

Trademark Filing Requirements in Indonesia

Intellectual Property

Dear friends and colleagues,   If you are a non-Indonesian individual/company, by law you can either file a Trademark in Indonesia through the Madrid Protocol (if your country is a member of the Madrid Protocol) or you can file nationally by appointing a registered IP agent/attorney in Indonesia. Should you choose the latter, you will then need to prepare the following Trademark Filing Requirements in Indonesia as under: A simply signed Power of Attorney (no legalization/notarization required);* A simply signed Statement of Mark Ownership (no legalization/notarization required);* The name of the applicant; The address of the applicant; Logo/wordmark/non-traditional Mark to be filed; and The list of the goods/services to be filed based on https://webaccess.wipo.int/mgs/. Mind you that the goods/services that are not listed on https://webaccess.wipo.int/mgs/ may not be able to be filed in Indonesia.   Should you require further assistance, please contact us at [email protected];[email protected];[email protected].   Thank you.   *Notes: AFFA will provide you with the draft documents to be signed.