[重要] 向印度尼西亚进口纺织品、箱包和鞋类需提供商标证书 - AFFA IPR

[重要] 向印度尼西亚进口纺织品、箱包和鞋类需提供商标证书

TrademarkLeave a comment

2024 年 3 月 10 日生效，旨在加强对商标的保护并控制市场上的产品质量，印度尼西亚共和国工业部 (Kemenperin) 开始实施对纺织品、箱包和鞋类产品进口有重大影响的新法规。2024 年第 5 号工业部长条例修正案第 23 (3) 条规定了这些产品进口的技术审查签发程序。   重大变化在于增加了进口商申请进口商识别号（API-U）时必须附加的以下文件：   印尼法律和人权部知识产权总局颁发的商标证书； 商标所有人向授权代表出具的许可协议、再许可和/或委任书的记录证明；以及 商标所有者或授权代表的进口委任书。   受影响产品 –   纺织品：纤维、长丝纱线和片状织物； –   纺织产品：地毯或其他纺织地板覆盖物、服装、服装配件和其他纺织成品； –   箱包：行李箱、钱包、书包、运动包、手提包和其他包袋； –   鞋类：鞋履、凉鞋和软皮鞋。   一般进口许可程序仍适用，贸易型进口企业需要获得一般进口商识别号（API-U）。申请程序包括一般进口商核查（VIU），随后由工业部进行技术审议（Pertek）。要获得 API-U，需要向贸易部提交 VIU 报告和 Pertek 结果。   对进口商的影响 对于尚未在印尼注册商标的进口商，这项新要求是重要提醒。 鉴于商标注册过程耗时较长（约 1-2 年），需要尽快与商标所有人沟通，以获得必要的证书，避免在获得进口许可证方面出现延误。   如需有关该法规的更多信息，包括如何在印尼注册商标，请随时通过电子邮件[email protected]与我们联系。

A Complete Guide to Trademark Registration in Papua New Guinea - AFFA IPR

A Complete Guide to Trademark Registration in Papua New Guinea

Trademark

Papua New Guinea (PNG) and Indonesia are close neighbors but far away. You only need to travel by land to reach it, but after flying for more than five hours from Jakarta to Jayapura, Papua. However, just like the province of Papua, which borders it, PNG is a country with more inland areas than urban areas. Of the approximately 9 million population, less than 2 million live in urban areas. The rest are in remote areas dominated by coffee, chocolate, and palm oil plantations.   However, in 2022, recorded trade transactions between Indonesia and PNG will be among the highest in history, reaching USD 307 million or the equivalent of IDR 4.6 trillion. Indonesia has contributed a lot to road construction and student scholarships. PNG has a lot of potential, starting from its natural beauty, which is the source of many adventure tourism and eco-tourism destinations, to various renewable energy projects, ranging from hydro and solar power to geothermal energy, which, of course, requires a lot of supporting raw materials from extensive industry coverage.   If you see the immense business potential of developing PNG, you can immediately market your products and/or services there. But of course, remember to register your Trademark to get Trademark protection there.   Legal Basis for Trademark Protection in PNG   In PNG, the legal protection of Trademarks is regulated in the “Trade Marks Act, 1980 (Ch.385)” where the administration of registration and legislation is managed by the Intellectual Property Office of Papua New Guinea (IPOPNG), which is under the auspices of the Papua New Guinea Investment and Promotion Authority (IPA). However, IPOPNG has been part of the World Intellectual Property Organization (WIPO) since 1996, the World Trade Organization (WTO), and the Paris Convention since 1999, so you don’t need to worry about the legal standards used.   Registering your Trademark in PNG will protect it, especially if it conflicts with an identical or similar Trademark. The registered status also gives you exclusive rights to the goods and/or services you own, so your Trademark is protected from other parties who use it without permission and from prosecution if violations occur.   Types of Trademark That Can be Registered The definition of a Trademark in PNG is a sign used or proposed to be used in relation to goods or services to differentiate these  goods or services of one entity/ business from those of other entities in the course of trade.   Generally, a sign can be anything from a visible distinctive word or words, letter (s), numeral (number), drawing, picture, shape, color, logotype, label or a combination of one or all of these things. While Trademarks that cannot be registered are marks contrary to moral standards or public order, generic terms non-distinctive marks, surnames, geographic location names, marks that are contrary to law, and marks that may deceive the public or cause confusion.   Trademark Registration Application Process in PNG   The average time frame for the registration approval is 10 months, if no objections or oppositions arise. However, because PNG has not yet joined the Madrid Agreement, you cannot make PNG the destination country for international Trademark registration via the Madrid Protocol. So, if you want to apply there, you must appoint an experienced Trademark Consultant who can be trusted to submit the application to IPOPNG.   However, just like Trademark registration in any country, the first step that is highly recommended is carrying out the search process. This process is essential to check whether the Trademark you want to register is already registered or is being applied for by another party. For this reason, you can visit the WIPO site sorted into the IPOPNG database or the IPOPNG search page for this search process.   After going through the search process and getting an idea of how successful your Trademark registration is, you can continue by paying the application fee to IPOPNG through the Trademark Consultant you have appointed. The following process for Trademark registration in PNG can be seen in the following flowchart: Validity Period for Trademark Protection in PNG   Once your Trademark is registered in PNG, the protection period is ten years from the date of application, and it can be extended for a further ten years by paying a renewal fee. If you want to extend your Trademark, you can apply 1 (one) year before the protection period ends. However, if, for one reason or another, you are late in renewing, you still have a maximum of 1 (one) year after the protection period ends to pay the renewal fee, plus a late payment.   You need to pay attention to the fact that every Trademark registered in PNG must be used. If it is not used for 3 (three) consecutive years, other parties can apply to cancel your Mark. However, if you really don’t want to continue using it, you can request cancellation or transfer ownership to another party.   Should you need further information regarding Trademark registration in Papua New Guinea or other countries, please email us at [email protected]. Source: – Intellectual Property Office of Papua New Guinea

[Important Update] Trademark Certificate Required for Textile, Bag, & Footwear Imports in Indonesia - AFFA IPR

[Important Update] Trademark Certificate Required for Textile, Bag, & Footwear Imports in Indonesia

Intellectual Property, Trademark1 Comment

Effective March 10, 2024, in order to increase Trademark protection and control product quality on the market, Indonesian Ministry of Industry (MOI) has implemented a new regulation significantly impacting importers of textiles, textile products, bags, and footwear. This revision to MOI Regulation No. 5 of 2024 Article 23(3) concerns the procedures for issuing technical considerations for these imports.   Significant changes have occurred, including the addition of the following documents, which are mandatory when an importer submits a General Import Permit for Consumption (API-U).   Trademark Certificates issued by DGIP under the Ministry of Law and Human Rights of the Republic of Indonesia; Proof of recordation the License Agreement, Sublicense, and/or Letter of Appointment from the Trademark Owner to the Authorized Representative; and Letter of Appointment to Import from the Trademark Owner or Authorized Representative.   Affected Products Textiles: Fibers, threads, and fabrics; Textile Products: Carpets, other textile floor coverings, clothing, ready-made clothing accessories, and other finished textile goods; Bags: Suitcases, wallets, school bags, sports bags, handbags, and other bags; Footwear: Shoes, sandals, and moccasins.   The general import permit process remains in place, where the General Import Permit for Consumption (API-U) applies to businesses importing for trading purposes. The application process involves a General Importer Verification (VIU) followed by the MOI’s Technical Consideration (Pertek). Obtaining the API-U permit requires submitting the VIU report and Pertek results to the MOT.   Impact on Importers This new requirement poses a challenge for importers who haven’t secured Trademark registration in Indonesia. The lengthy Trademark registration process, typically taking 1-2 years, necessitates immediate discussions with Trademark owners to obtain the necessary certificates and avoid delays in obtaining import permits. Should you need further information regarding this regulation, including how to register a trademark in Indonesia, please contact us via email [email protected].

Looking forward to meeting you at the 2024 INTA Annual Meeting - AFFA IPR

See You At The Upcoming INTA 2024 Annual Meeting In Atlanta, May 18-22 | 2024

Event, Intellectual Property, Trademark

AFFA Intellectual Property Rights—Indonesia & Timor Leste are delighted to announce that our Managing Partner, Emirsyah Dinar, will attend the highly anticipated International Trademark Association (INTA)’s 146th Annual Meeting in Atlanta, USA, this May. As a leading global association of Trademark owners and professionals, INTA’s annual meeting is a must-attend event for IP practitioners worldwide. We look forward to meeting you during the course of the Annual Meeting. For meeting inquiries, please email [email protected].

7 Reasons to Not Use Pirated Software - the Indonesian Context - AFFA IPR

7 Reasons to Not Use Pirated Software – the Indonesian Context

Intellectual Property, Copyright1 Comment

Knowing that the original price of “Windows 11 Home” on the Microsoft website is sold for IDR 2,999,999, but on the well-known e-commerce in Indonesia, it can be found for only IDR 20,000, complete with the promise of an activation key that is valid forever. What’s even crazier is that this high price disparity opens up opportunities for other fraudsters to sell pirated software at various prices, from hundreds of thousands of rupiah to millions, which, of course, can deceive buyers who intend to buy genuine products but are constrained by a limited budget.   However, if you are used to buying original or branded products with a large price difference from the original, you will understand that something is wrong. Yes, of course, it can be suspected that the product being sold cheaper is not genuine, used, or even stolen.   Just like using pirated or stolen products, there are several big risks if we continue to use pirated software. Want to know more?   Here are 7 disadvantages of using pirated software:   Fostering Illegal Activities Software piracy is a violation of Copyright Law and can lead to hefty fines or even jail time, primarily if you use it for commercial purposes without permission or reproduce and distribute it unlawfully. There have been many instances where software companies go after those who use the software illegally for commercial purposes. Security Risks Pirated software often comes from untrusted sources and may contain malware or viruses that can harm your computer and steal your data. Lack of Updates You won’t receive security updates or bug fixes for pirated software, leaving your system vulnerable to attacks. No Technical Support If you encounter problems with pirated software, you won’t have access to customer support from the software developer. Harms Software Development Software piracy reduces software developers’ revenue, making investing harder in research and development of new and improved software. This condition will undoubtedly worsen the growth of innovation in our country. Damaging Your Image Imagine if you are in the middle of an important presentation and, while sharing the screen, a notification appears that your laptop’s operating system needs to be revised. Of course, this would create a wrong impression for you and your company. Clients would also judge that you do not uphold Intellectual Property. Inhibiting Foreign Investment It is common knowledge that Indonesia is still on the list of world countries with serious Intellectual Property violations (along with Argentina, Chile, China, India, Indonesia, Russia, and Venezuela), as released by the United States Trade Representative (USTR) in the 2023 Priority Watch List Special 301 Report.   Overall, the bads of software piracy far outweigh the goods. There are many affordable and legal software options available, and the risks associated with piracy are simply not worth it. If you require further information regarding the software protection, Copyright recordation or Patent registration in Indonesia and abroad, please do not hesitate to contact us via email at [email protected].

Are You Breaking the Law? The Truth About Region Lock - AFFA IPR

Are You Breaking the Law? The Truth About Region Lock

Intellectual Property

Region lock is a Digital Rights Management (DRM) restriction placed on content or devices. It restricts their use to a specific geographical region. You might know that Netflix Japan has a different movie catalog than Netflix Indonesia. That’s the basic idea, but why?   Before we delve into discussion about the “why,” let’s first learn about the two types of region locking: Content Locking This restricts access to digital content, like movies, games, or even streaming services, based on your location. For instance, a movie available on a streaming service in the US might be blocked for viewers in Indonesia due to licensing agreements. Device Locking This restricts the functionality of a physical device, like a phone or game console, depending on the region it’s purchased in. For example, a phone bought from abroad might not be able to be used in Indonesia.   There are 5 (five) reasons why region locking exists: Content Regulation Copyright laws and regulations that rule contents can vary worldwide. Region locking allows companies to control what content is available in each region, comply with local laws, and avoid any issues.A simple example is that content considered normal in one country will be sensitive if seen in another. Plus, the age limit of 13+ in one country may be 18+ in another. Therefore, creators tend to apply region lock to their work to limit responsibility to the public outside their jurisdiction. Licensing Agreements Sometimes, companies sell the rights to distribute their products (like movies or games) to different companies in different regions. Region locking ensures that people use the product only in the region it’s licensed for.Because Licensing Agreements are a form of IP utilization, a leak from the distribution channel will cause losses for both parties. The licensor will lose potential buyers from other countries/regions, while the licensee will lose exclusivity in their region. Price Discrimination This is another big problem. Because not all countries have the same purchasing power and Licensees are given the authority to determine prices according to the market, differences in selling prices are very likely to occur. For example, an iPhone might be much cheaper in one country compared to another. Region locking stops people from buying the cheaper version and using it or even selling it in the more expensive region. Staged Releases Sometimes, companies might want to release a product in one region before another. Region locking can help them control when and where the product is available.This strategy is usually taken to determine the response from a specific market in a region so any improvements can be made before being released to the wider market. If there is a leak in this stagging release, the research data received will be biased, and the product may be disappointing when it is actually released to the wider market. Technical Reasons In some cases, region locking might be used for technical reasons, like ensuring compatibility with local infrastructure or preventing lag in online games.A clear example is if an application requires a very fast connection, it will not be possible to release it in a country where the internet connection is far below average. If it is forced to be released or accessed outside the region, it will not give a good impression; it will actually bring a lot of complaints, which will make the product look bad in the eyes of the public.   That’s why the region locking can be frustrating for consumers, but it does serve some purposes for companies. So it would be best if you did not force yourself to break it because you might suffer losses such as the following: For You Warranty Voiding Tampering with region locks might be considered a violation of the device’s warranty terms, potentially voiding your warranty and leaving you without coverage for repairs. Technical Issues Bypassing region locks often involves unofficial methods or software. These can be unstable and lead to unexpected glitches or malfunctions with your device or content. Legal Issues Region locking often hinges on copyright or licensing agreements. Breaking these locks might be illegal depending on your location and the specific content or device. For Your Device/Content Limited Functionality Bypassing a lock might disable certain features intended for the original region. For example, a console game might lack online functionality if the region lock is broken. Content Incompatibility Region locking can sometimes be tied to format or encoding differences. Bypassing the lock might lead to compatibility issues, such as the content not playing properly on your device. Other Factors Safety and Security Using unofficial methods to break region locks such as using a Virtual Private Network (VPN) can introduce security risks. Malicious software might be bundled with these tools, putting your device and data at risk.   In the end, it’s important to weigh the potential benefits against the risks before attempting to bypass region locking. Sometimes, waiting for a regional release from the official licensee in the region or considering alternatives like region-free versions might be a safer option.   If you require further information regarding the region lock issue, licensing problem, or want to protect your Intellectual Property in a broader market, please do not hesitate to contact us via email at [email protected].

ASEAN IP 2024: Addressing Intellectual Property Issues by AI by Maximizing the Use of AI - AFFA IPR

ASEAN IPA 2024: Addressing Intellectual Property Issues by AI by Maximizing the Use of AI

Event, Intellectual Property

This article is a continuation of the previous article, which discussed the Challenges of Intellectual Property Protection in the Digital Era for countries in Southeast Asia, as presented at the 2024 ASEAN Intellectual Property Association (IPA) Annual General Meeting & Conference, which took place on March 1-2 ago in Jakarta, Indonesia. As previously explained, the Digital Economy presents challenges in protecting Intellectual Property (IP) in the ASEAN region. However, what has not been revealed in the article is the contribution of Artificial Intelligence (AI) to the growth of the digital economy and its impact on IP law enforcement, even though AI’s contribution to regional GDP in 2030 will reach USD 1 trillion.   The growth of the Digital Economy in the ASEAN region cannot be denied, generated by many start-up companies in various fields, such as Techinasia in the media sector, Grab in the transportation sector, and Traveloka in the tourism sector. Of the USD 100 billion growth in the region in 2023, around 13% will be supported by investment in the AI sectors, with 6 (six) main uses as follows:   Computer Vision This market focuses on technology that helps computers make sense of digital images and videos. Machine Learning Algorithms teach computer systems to learn from data. Natural Language Processing Deals with technology enabling computers to understand and generate human language. AI Robotics Combining AI, machine learning, and engineering, to create intelligent machines capable of independent tasks. Autonomous & Sensor Technology Machines and systems equipped with sensors and AI operate independently, responding to changes in their environment. Generative AI Involving the creation of models that produce new content like images and text, often indistinguishable from human-created content.   With those various implementations, IP stakeholders must anticipate AI developments because they impact administration, practice, protection, and law enforcement. In particular, AI will confuse IP owners, consultants, and government officials if the laws on Copyright, Trade Secrets, Industrial Designs, Patents, and Trademarks are not changed.   Because AI, on the one hand, is very promising but also dangerous, depending on who uses it. In the UK and the US, there have been more than 10 cases of lawsuits against Generative AI-based companies. For example, OpenAI, the company that created ChatGPT, was deemed to have violated Copyright because it used many well-known works and media news as learning material for its AI system without permission.   Utilization of AI for IP Violations   If ChatGPT argues that the use of the work is for learning and can be settled with royalty payments, in practice, many other uses of AI can be categorized as legal violations, namely: Fabricate, forge, falsify images, certificates, documents, and create deepfakes videos; Create/manufacture realistic counterfeit labels and packaging; Clean up language, grammar, misspellings, and awkward phrasing on labels, packaging, advertising, websites; spam/phishing emails, which were often dead giveaways of counterfeit goods made in a foreign country; and Allow hackers to break into networks through emails that trick recipients into sharing personal info or accessing them illegally.   Benefits of AI in the IP Landscape However, AI is of great benefit to IP law enforcement. Starting from maximizing IP Consultants’ work and the border enforcement process to law enforcement officers.   Maximizing the Work of IP Consultants: Conducting searches and analysis of prior art and IP registration databases more efficiently and accurately; Streamlining contract analysis by extracting and categorizing relevant information, saving time and allowing attorneys to focus on negotiating and drafting contracts; Enabling faster identification of potential conflicts, enhancing due diligence, assisting in determining protection or infringement issues; and application drafting to improve productivity/reduce costs.   Benefits of AI for IP Law Enforcement: Monitor online platforms, websites, and social media for unauthorized use of IP, enabling proactive enforcement by owners; Identify instances of infringement on digital platforms by comparing content or marks against databases of brands, designs, or works; and Assist IP research and litigation by analyzing legal texts, court decisions and precedents, case strategy development, and outcome predictions from historical data. AI is being integrated into the criminal justice process, from crime prevention to evidence analysis. It can assist courts in making sentencing decisions and assess the likelihood of future criminal behavior, thereby informing parole, probation, or release decisions. It can enhance efficiency, accuracy and fairness, but bias, transparency, and ethics concerns have been raised and will continue to be raised as AI technologies become more pervasive and invasive. Benefits of AI for Border Enforcement: Drawing insights and patterns from customs databases, market reports, trade statistics, and IP owner-provided product identification materials; Automatically identifying objects in streaming video and imagery; and Providing real-time alerts to operators when an anomaly is detected, enhances the ability to stop illicit and illegal goods from entering the country.   In the end, new regulations are needed to adapt to AI developments. These regulations should start with rules related to ownership of rights involving AI, rules governing coordination between stakeholders, competition, and privacy, and rules governing resolution and legal enforcement of any disputes that may occur. Only with clear rules can conducive growth be created before the next technological wave finally emerges.   If you require further information regarding the impact of AI on Intellectual Property, please do not hesitate to contact us via email at [email protected].

The Benefits of IP Customs Recordation for Your IPs in Indonesia - AFFA IPR

The Benefits of IP Customs Recordation for Your IPs in Indonesia

Intellectual Property, Trademark, Copyright

Recently, the Directorate General of Customs and Excise of the Republic of Indonesia (DGCE) has taken widespread action against tons of illegal food to protect consumers and the Indonesian food industry. Because the ingredients of food imported illegally are unknown, it can endanger residents and disrupt the distribution of local food producers. But did you know that Customs and Excise can also deter illegal goods that violate Intellectual Property abroad or within the country? Because DGCE is part of the Task Force together with the Criminal Investigation Agency of the Republic of Indonesia Police (Bareskrim Polri), the Indonesian Food and Drug Authority (BPOM), and the Directorate General of Informatics Applications (Ditjen Aptika), which supports the performance of the Directorate General of Intellectual Property (DGIP) in enforcing Intellectual Property Law in Indonesia. Enforcing this law is a collective homework because Indonesia is still on the list of world countries with serious Intellectual Property violations (along with Argentina, Chile, China, India, Indonesia, Russia, and Venezuela), as released by the United States Trade Representative (USTR) in the 2023 Priority Watch List Special 301 Report. A few weeks ago, DGCE conducted outreach to the public so that the wider community, especially Intellectual Property (IP) owners, could take advantage of this service. So, if illegal products are found crossing state borders, IP owners, especially copyright and trademark owners, will be assisted in the deterrence process. But before that, you must first carry out the recordation process on the DGCE website. For those of you who are still unfamiliar with the term “deterrence”, this word has 2 (two) meanings, namely: Delaying the release, loading, or transportation of excisable goods and/or other goods related to excisable goods; Prevent the departure of means of transport.   The Benefits of IP Customs Recordation in DGCE The recordation process is an activity to enter your IP information into the DGCE customs database, with the following benefits: Action at Ports or Borders; Especially if the quantity of goods smuggled is very significant. Effective and efficient deterring before goods that violate IPR are distributed to the domestic market. Protecting IP Owners’ Business Processes; Products are protected from counterfeiting or infringement attempts. Maintain consumer confidence in products on the market. Maintaining brand reputation from low-quality counterfeit products. Macro Aspects; Increasing investor confidence, both domestic and foreign. The government can restore international trust in the seriousness of eradicating counterfeit products in Indonesia.   The Authority of DGCE DGCE has two schemes for the enforcement of Intellectual Property Law: Judicial Scheme that applies to all IP regimes: DGCE may impose a temporary suspension until a physical examination. However, DGCE’s position here is passive because it must wait for a temporary suspension order from the Commercial Court, where the Rights owner must carry out the initiative without any prior obligation to record it on the DGCE site. Ex-Officio Scheme for Trademarks and Copyrights: After the rights owner carries out the recordation process with the DGCE, the process of deterrence, temporary suspension, and physical examination can be carried out proactively by the DGCE.   Conditions for IP Customs Recordation at DGCE As the owner or right holder, you must submit a written application accompanied by the required documents by Minister of Finance Regulation (MFR) Number 40/pmk.04/2018 concerning Recording, Deterrence, Guarantee, Temporary Suspension, Monitoring and Evaluation in the Context of Controlling the Import or Export of Suspected Goods Constituting or Originating from the results of Violations of Intellectual Property Rights, to the Director of Action and Investigation at the DGCE Head Office and submitted electronically via the CEISA IPR application which can be accessed on the user portal.   Then you are required to prepare the following documents as attachments: Copy of Company Deed of Establishment and Latest Amendments Copy of Taxpayer Identification Number (NPWP) Copy of Trading Business License (SIUP) or Company Registration Certificate (TDP) Copy of Domicile Letter Copy of Trademark Certificate/ Registration or Copyright Recordation Letter issued by DGIP Information regarding product authenticity characteristics (mark, product appearance, packaging, distribution route, etc.) Statement letter as regulated in Appendix B – MFR No. 40/PMK.04/2018 Proof of transfer of rights (if rights are transferred) Information on parties granted the right to import/export Other information(s) required by DGCE   Involve Internal or External Examinator Apart from that, you must appoint one or more examiners who are experts on the product, who can come from within or outside the company, and who understand the Trademark or Copyright of the item to be recorded. If the goods recorded are related to the Trademark, the appointed Examiner(s) must understand the characteristics of product authenticity, such as the mark, goods, logo, product appearance, packaging, distribution, and marketing routes, as well as the number of products marketed in that area. However, suppose the item being recorded is related to Copyright. In that case, the examiner must understand the characteristics or specifications of the copyrighted work in the fields of science, art, literature, or related rights being created.   DGCE Research Procedure Approximately 30 Days All requirements will then undergo formal and material research by DGCE, including validating the data with DGIP. If this recordation is approved, it will be valid for 1 (one) year and can be extended. The entire recordation process is free of charge and only takes approximately 30 days. However, if you are a Trademark Owner or Copyright Holder who is a foreign company and domiciled abroad, you must have a business entity domiciled in Indonesia. DGCE has successfully disposed of more than one million pens, three million razors, 72 thousand more cosmetics, up to 160 rolls, and 890 cartons of sandpaper in the last four years. This number is not much because not many Trademark Owners and Copyright Holders take advantage of this feature. Therefore, if you own a product with a high cross-border risk, we recommend immediately recording it at DGCE.   If you still have questions or need further information regarding Intellectual Property Customs Recordation at the Directorate General of Customs and Excise, do not hesitate to…

AFFA IPR Si Juki Team Up to Raise IP Awareness in Indonesia

AFFA IPR x Si Juki Team Up to Raise IP Awareness in Indonesia!

Copyright

Check out AFFA IPR’s first collaboration with Indonesia’s iconic Si Juki character in a comic raising awareness about IP. With more than 771K followers on Instagram, Si Juki is the work of Faza Meonk, one of Indonesia’s most influential IP creators, who has collaborated several times with various international IPs, such as Garfield and SpongeBob SquarePants. Not only in comic form, Si Juki has also appeared in big-screen animated films. Stay tuned for more exciting collaborations from AFFA IPR!

Demystifying-the-Public-Domain-Permissions-and-Limitations-affa-global

Demystifying the Public Domain: Permissions and Limitations

Intellectual Property1 Comment

Demystifying the Public Domain: Permissions and Limitations We can almost always see this iconic portrait of Bung Tomo‘s enthusiastic speech every November 10th, as Indonesia celebrates National Heroes’ Day. In fact, according to Tempo Magazine‘s journalistic investigation, this photo was not taken on that date but later in 1947 by Frans Mendur, when Bung Tomo chaired a meeting in Malang, East Java.   As a Work, this iconic portrait was first published in 1949, together with other historical photos of the Indonesian struggle, including photographs of the Proclamation, taken by Alex Mendur, Frans Mendur, and Abdoel Wahab Saleh, in a photo album “Revolutionary Paintings” courtesy of the Indonesia Press Photo Service (IPPHOS). The first two names are the brothers who founded IPPHOS. Because the portrait of Bung Tomo in Malang is more in line with the public’s imagination about the war spirit of November 10, rather than the actual conditions, where orations were only given in radio studios, this portrait is widely used to support Heroes’ Day.   However, a portrait is still a Work that has copyright protection. Articles 1 and 9 of the Indonesian Copyright Law specifically state that a portrait is a photographic Work with human objects, and only the Creator has Economic Rights to publish, reproduce in all forms, adapt, transform, and distribute a Work. If another party wants to use it, they must obtain permission from the Creator or Copyright Holder.   What if the Creator or Copyright Holder no longer exists? The Copyright Law regulates the validity period of Economic Rights, a reference for whether we still have to obtain permission from the Creator or Copyright Holder for a Work. If the validity period has passed, the Work has entered the Public Domain, and the public can use it freely without asking anyone for permission.   The Copyright Law in Indonesia divides the validity period of Economic Rights over Work into three different periods:   1. 25 years since the first publication; Applies to Works of Applied Art in the form of fine art created by using art to a product so that it has an aesthetic impression to meet practical needs, including images, motifs, or ornaments on a product.   2. 25 years since the first publication; This applies to the following three categories: Photographic works; portrait; cinematographic; video games; computer program; the appearance of written work; translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications, and other works resulting from transformation; translation, adaption, arrangement, transformation or modification of traditional cultural expressions; compilation of works or data, either in a format that computer programs or other media can read; and the compilation of traditional cultural expressions as long as the compilation is an original work. Works Made for Hire; Anonymous Works and Pseudonymous Works.   3. During the life of the creator and 70 years after the creator’s death; Books, pamphlets, and all other written works; lectures, lectures, speeches, and other similar works; demonstration materials created for educational and scientific purposes; songs or music with or without text; drama, musical drama, dance, choreography, puppetry, and pantomime; works of fine art in all forms such as paintings, drawings, carvings, calligraphy, sculpture, statues or collages; architectural works; map; and batik artwork or other motif art.   4. Limitless Time Applies to held Traditional Cultural Expressions by government, which includes the following six categories: a. textual verbal, both spoken and written, in the form of prose or poetry, in various themes and message content, which can be in the form of literary works or informative narratives; b. music, including, among other things, vocal, instrumental, or a combination thereof; c. movement, including, among other things, dance; d. theater, including, among other things, puppet shows and folk plays; e. fine arts, both in two-dimensional and three-dimensional form, made from various materials such as leather, wood, bamboo, metal, stone, ceramics, paper, textiles, etc., or a combination thereof; and f. traditional ceremonies.   From the four categories above, it can be concluded that all works, if not included in Traditional Cultural Expressions, will ultimately fall into the Public Domain. Therefore, the portrait of Bung Tomo, first published in 1949, has been in the Public Domain since 1999.   In addition, there are regulations in Article 43 (e) of the Copyright Law regarding Copyright Restrictions, which states that duplication, announcement, and/or distribution of portraits of the President, Vice President, Former President, Former Vice President, National Heroes, heads of state institutions, leaders ministries/non-ministerial government agencies, and/or regional authorities with due regard for dignity and fairness by the provisions of laws and regulations are not considered a Copyright Infringement. Since 2008, Bung Tomo has been designated as a National Hero, so the public’s use of this iconic portrait is not Copyright infringement.   However, it would be best to remember that the legal basis governing Copyright varies in each country. So, the rules that apply in Indonesia may be different from other countries.   Comparison of Public Domains Abroad Duration of Copyright in the United States The Copyright Law in the United States divides the duration of Copyright as follows:      1. During the life of the creator and 70 years after the creator’s death; The creator’s identity is known for all works created after January 1, 1978.      2. 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first; For Anonymous Works, Pseudonymous Works, and Works Made for Hire      3. 45 years after the creation; Works created before January 1, 1978, but expired before December 31, 2002; and, if the work is published on or before December 31, 2002      4. 28 years after the publication. Any Posthumous Work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or any Work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom…