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

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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].  

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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].

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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.    

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See You at the INTA Annual Meeting 2020 in Singapore!

Event, Intellectual Property

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!

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Meet Us @ the World IP Forum in Taipei!

Event, Intellectual Property

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.

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Important Changes Concerning Trademark Application Process in Indonesia

Intellectual Property

Since the introduction of the new E-Filing system by the Directorate General of Intellectual Property of Indonesia (DGIP) on 17 August 2019, there have been several radical changes that have impacted the process of a Trademark application in Indonesia. We herewith summarize the 3 most important changes:   1. The prepaid payment voucher system Under the previous system, the official fees were only payable once the application form (online or paper-based) had been filled in. Under the current system, the applicant/proxy should purchase the official fees voucher before filling in the form online.   2. Goodbye, paper-based manual filing! The DGIP finally axed the paper-based manual filing option in as an attempt to digitize and smoothen its business process. The reason why this was a necessary action to do is to reduce the potential backlog that may affect the time it takes from filing to registration. This applies to all   3. Madrid Goods and Services Manager Trademark applicants will need to ensure that the goods and/or services they file for exist in the Madrid Goods and Services Manager. Should they attempt to file non-standard items, the E-Filing system will not able to process the filing request. You may check the full Madrid Goods and Services Manager list at https://webaccess.wipo.int/mgs/.   Should you require further assistance regarding Trademarks in Indonesia, Timor Leste, and the Pacific Islands, please do not hesitate to contact us at [email protected].    

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REMINDER: The Deadline of Payment of Unpaid Patent Annuity Fees in Indonesia Is Due Soon

Intellectual Property

Dear colleagues,   As a follow up on the Directorate General of Intellectual Property of the Republic of Indonesia’s Circular No. HKI.KI.05.04-04 titled “EXTENSION OF TIME TO FULFILL THE OBLIGATION FOR UNPAID PATENT ANNUAL FEE FOR PATENT HOLDERS” which was issued on 17 February 2019, we herewith remind you that the deadline to pay the unpaid patent annuity fees will fall on 16 August 2019. Failure to settle the unpaid patent annuity fees may result in the decision by the Directorate General of Intellectual Property of the Republic of Indonesia to reject new patent applications. We will appreciate your instruction to settle the debts as soon as possible. Should you require further assistance, please email us at [email protected] and [email protected].  

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INDONESIA UPDATE: Official Fees Increase as per Government Regulation No. 28 Year 2019

Intellectual Property

The Government of the Republic of Indonesia has issued Government Regulation No. 28 Year 2019 which regulates the official fees for public service matters, including intellectual property matter. This sudden announcement was issued on April 29, 2019 and there are several fees that have increased, among others, patent substantive examination fees, recordal fees, patent maintenance fees, and Madrid Registration fees. Should you require the English translation of the regulation, please do not hesitate to contact us at [email protected].  

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INDONESIA: Extension of time to fulfill the obligation for unpaid patent annual fee for patent holders

Intellectual Property

The Director General of Intellectual Property of the Republic of Indonesia, Dr. Freddy Harris, A.C.C.S., has announced the extension of time to fulfill the obligation for the unpaid patent annual fee for patent holders in Indonesia. Previously in August 2018, the Indonesian IP Office had announced that failure to pay up the ‘debt’ caused by the outstanding annuities will result in the refusal of new patent applications (please refer to http://affa.co.id/global/2018/10/02/settle-outstanding-annuities-no-new-patent-filings-will-allowed-dgips-latest-move-ensure-debts-settled/). Given the very short notice and therefore the patent holders need more time to pay up the unpaid patent annuity fees, the Director of Intellectual Property of the Republic of Indonesia has extended the deadline to fulfill the obligation for the unpaid patent annual fee to 16 August 2019. Should you have any question regarding this matter, please contact us at [email protected].

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