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!

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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…

Asia-Business-Law-Journal-Names-AFFA-IPR-as-The-Top-Law-Firm-in-Indonesia-for-IP-Enforcement-affa

Asia Business Law Journal Names AFFA IPR as The Top Law Firm in Indonesia for IP Enforcement

Intellectual Property

Asia Business Law Journal Names AFFA IPR as The Top Law Firm in Indonesia for IP Enforcement AFFA Intellectual Property Rights has been the fortress guarding our clients’ invaluable IP assets for over two decades. Our journey, which commenced in 1999 under the visionary leadership of our founder, the late Achmad Fatchy, has now found its course under the capable guidance of Emirsyah Dinar as Managing Partner and Fariz Syah Alam as Trademark Partner. With a formidable team of over 70 IP experts, we have consistently delivered unwavering support to our clients.   We proudly serve a diverse clientele, ranging from esteemed government entities and state-owned enterprises to industry giants within Indonesia, extending our reach to East Timor and beyond. The faith bestowed upon us by our clients fuels our commitment to excellence.   Winning an award from Asia Business Law Journal is a testament to your trust in us as your legal partner. This accolade is not just a token of recognition; it represents our unwavering dedication to delivering the best legal solutions to our valued clients like you. Asia Law Business Journal is highly regarded for its rigorous evaluation process, ensuring that only the most deserving firms and practitioners receive these honors.  This award reaffirms our commitment to excellence and innovation in the legal field. We are truly grateful for your continued support and trust, and we look forward to achieving even more significant milestones together in the future.  

Bogey-Business-The-Rough-Ride-of-Counterfeit-Clubs-and-Apparels-in-Indonesia-affa

Bogey Business: The Rough Ride of Counterfeit Clubs and Apparels in Indonesia

Intellectual Property

Indonesia, renowned for its breathtaking landscapes and intricate cultural tapestry, has recently seen an unwelcome trend infiltrating its golfing community: the proliferation of counterfeit golf clubs and apparel. As the sport’s popularity continues to surge in the archipelago, the market for cheaper alternatives has thrived. But this search for affordability might come at a greater cost, not only affecting the game’s quality but also influencing social perceptions within the golfing circle.   Unfortunately, counterfeit clubs and apparel are widely found both online and offline. Several Instagram pages in Indonesia have been educating consumers about the differences between the original products and the counterfeit ones.     1. Game Integrity at Risk Counterfeit golf clubs, often made of subpar materials and lacking in technological advancements, don’t perform at the same level as their genuine counterparts. Clubs are specifically engineered for precise weight distribution, flexibility, and balance. When one uses a counterfeit, they’re risking unpredictable ball trajectories, reduced shot distances, and less forgiving mishits.   This makes it extremely difficult for players to refine their skills and achieve consistency. Such inconsistencies not only frustrate players but can also lead to a lack of confidence in their abilities. For those unaware they are using counterfeit equipment, it may seem like their skills are at fault rather than the club.   2. Social Judgments on the Fairway In golf, much like other sports, there’s an unspoken code of conduct, respect, and a shared pursuit of authenticity. Using genuine equipment signifies a commitment to the game and its traditions. Therefore, when someone knowingly or unknowingly sports counterfeit gear, it can be met with skepticism and judgment from peers.   This judgment can manifest in various ways: silent side glances, hushed conversations at the clubhouse, or even outright confrontations on the course. Counterfeit apparel and clubs may unwittingly label a player as inauthentic or as someone who doesn’t value the true essence of the game.   3. Impact on Authentic Brands and Local Economy The spread of counterfeit products doesn’t only impact players and their social standing; it also affects genuine brands that invest heavily in research and development. These brands rely on sales to fund their innovation, and counterfeit sales undermine this. Furthermore, local retailers selling genuine products are undercut by these cheaper alternatives, leading to potential business closures and loss of employment.   4. Way Forward Addressing the issue requires a multi-faceted approach. First, awareness campaigns can educate players about the downsides of counterfeit equipment. Golf clubs and associations can also play a pivotal role by organizing equipment verification days or partnering with brands for authentic equipment promotions.   Moreover, stricter regulations and better enforcement can curb the import and sale of counterfeit golf products. Collaborative efforts between the government, industry stakeholders, and the golfing community can create a robust defense against this rising challenge.   In conclusion, while the allure of affordable golf clubs and apparel might seem tempting, the repercussions go beyond just an individual’s game. A collective effort is needed to preserve the integrity of the sport and maintain the respect and camaraderie that golfers share in Indonesia and around the world.   Should you require further information and assistance regarding IP infringements related to golf clubs and apparel in Indonesia, please get in touch with us at [email protected], [email protected], and [email protected]. Source: Instagram GOLFELLAS

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Exploring the Intellectual Property Game in Basketball

Intellectual Property

When we think of basketball, the first things that come to mind are slam dunks, crossovers, and buzzer-beating shots. But did you know that the world of basketball also involves its fair share of Intellectual Property? From iconic logos to innovative technologies, the game has its own unique IP game. Let’s take a jump shot into basketball and some of its Intellectual Property.        1. Trademark for Team Logos: Just like the game itself, team logos are integral to the identity of basketball teams. The LA Lakers’ iconic logo or the Chicago Bulls’ fierce emblem aren’t just symbols; they’re also protected Trademarks, ensuring their uniqueness and preventing unauthorized use.        2. Patents for Innovative Footwear: Basketball shoe technology has come a long way. From Air Jordan’s game-changing cushioning to Adidas’ Boost technology, Patents often protect these advancements. These Patents encourage innovation and safeguard the hard work of creating performance-enhancing gear.        3. Copyright for Broadcasts and Analytics Software: The exhilarating dunks and clutch plays would be the same with the broadcasters who capture the moment. These broadcasts are subject to Copyright, ensuring that the creative work involved in producing them is acknowledged and protected. The modern game is heavily influenced by data analytics and software. The algorithms and software tools used to analyze player performance and strategy are valuable Intellectual Property assets.   As we cheer for our favorite teams and players, remember the ‘behind-the-scenes game’ of Intellectual Property that contributes to the excitement on the court. From Trademarks to Patents and Copyrights, basketball is more than just a sport; it’s a field where innovation and creativity are valued and protected.   Should you require further information and assistance regarding Intellectual Property in sports, please get in touch with us at [email protected]. Source: World Intellectual Property Organization FIBA Basketball

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ASEAN Launches “IP Register” to Boost Intellectual Property Protection

Intellectual Property

The Association of Southeast Asian Nations (ASEAN) and the World Intellectual Property Organization (WIPO) launched the ASEAN Intellectual Property (IP) Register on August 20, 2023, in Semarang, Indonesia. The IP Register is a one-stop technology developed by the ASEAN Intellectual Property Office to facilitate the exchange of data on Patents, Trademarks, Industrial Designs, and others that have already been registered.   The launch of the IP Register is part of a Memorandum of Understanding (MoU) signed by ASEAN and WIPO in 2022. The MoU aims to expand cooperation between ASEAN and WIPO in specific areas through a future-focused and impact-driven approach. It also seeks to complement the ongoing partnership under the ASEAN Intellectual Property Rights Action Plan (AIPRAP) 2025.   The specific areas referred to in the MoU aim to meet the new and emerging needs of underrepresented stakeholders from the business and creative communities, such as small and medium enterprises (SMEs), startups, creators, and other IP-related parties.   The IP Register is expected to boost intellectual property protection in ASEAN by providing a single portal for stakeholders to conduct seamless Patent, Trademark, and Industrial Design searches. It will also help to facilitate the registration of IP Rights in ASEAN, which can help businesses and creators to protect their innovations and creations.   The launch of the IP Register is a significant milestone in ASEAN’s efforts to build a more conducive environment for innovation and creativity. It is also a testament to the strong partnership between ASEAN and WIPO in promoting Intellectual Property protection in the region.   Here are some of the benefits of the IP Register: Provides a single portal for stakeholders to conduct seamless Patent, Trademark, and Industrial Design searches. Helps to facilitate the registration of IP Rights in ASEAN. Help businesses and creators to protect their innovations and creations. Boost Intellectual Property Protection in ASEAN. Create a more conducive environment for innovation and creativity in the region.   The IP Register is a valuable tool for businesses, creators, and other stakeholders in ASEAN. It is expected to play a significant role in boosting Intellectual Property protection in the region and promoting innovation and creativity.   Should you require further information and assistance regarding IP Protection in Indonesia or abroad, please contact us at [email protected]. Sources: ASEAN.org Directorate General Intellectual Property

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Similar But Not The Same – The Difference Between Franchising and Licensing in Indonesia

Intellectual Property3 Comments

Franchising and Licensing are two popular business models that allow businesses to expand their reach and grow their profits without investing heavily in new infrastructure or resources. However, there are some critical differences between the two models, both in terms of how they work and how they are regulated by Indonesian law.   In a Franchise arrangement, the Franchisor grants the Franchisee the right to use its Brand, Trademarks, Intellectual Property, and Business Model in return for a fee. The Franchisee is then responsible for operating the business by the Franchisor’s standards. In a Licensing arrangement, the Licensor grants the Licensee the right to use its Intellectual Property (e.g., Trademarks, Patents, Industrial Designs, and Copyrights) in exchange for a fee and for a certain period. The Licensee is then responsible for developing and marketing its own business using the licensed Intellectual Property.   The Indonesian government regulates franchises through the Government Regulation No. 42 of 2007. This regulation sets out the requirements for Franchisors and Franchisees, including registering the franchise with the Ministry of Trade. The law also establishes restrictions on franchise arrangements, such as the requirement for franchisors to provide franchisees with specific information about the franchise business.   The legal basis governing franchising and licensing also differs. Franchise activities are regulated through Government Regulation No. 42 of 2007, strengthened by the Minister of Trade Regulation No. 71 of 2019. This regulation regulates the requirements for Franchisors and Franchisees, including regulations governing the registration of franchises with the Ministry of Trade, as well as specific information about the franchise business that must be provided from the Franchisor to the Franchisee.   In addition to the two legal bases above, other legal grounds related to franchising arrangements are Law No. 5 of 1999, concerning the Prohibition of Monopolistic Practices and Unfair Business Competition; Law No. 40 of 2007, concerning Limited Liability Companies and Franchise Agreements that bind the party.   Meanwhile, licenses more closely related to Intellectual Property are governed by Government Regulation No. 36 of 2018 concerning the Recordation of Intellectual Property License Agreements, which are derivatives of Article 41 paragraph (1) of Law Number 20 of 2016 concerning Trademark and Geographical Indications.    Now let’s dive into the terms of Franchising and Licensing:   FRANCHISE REQUIREMENTS By law, to conduct a franchise business in Indonesia the Franchisor will need to obtain the Franchisor’s STPW (permit registration) and Commitment Registration to the Ministry of Trade by registering the Franchise proposal documents and agreement draft. The Franchisee will need to do the same thing to obtain Franchisee’s STPW permit and Commitment Registration.   Required documents for Registration of Prospectus (Franchisor’s permits) of the Offered Franchise (to be filed by the Franchisor, notarized, and attested by the Indonesian Embassy) are as follows: Power of Attorney  Application Letter (STPW) Details of Franchisor Identity Copy of the ID card of the Directors/Owners of the Franchisor Copy of Business License of the Franchisor History of Business of the Franchisor Organisation Structure of the Franchisor (from Board of Commissionaires, Shareholders, Directors, up to its operational level) Audited Financial Statements for the last 2 years Number of outlets owned by the Franchisor List of current Franchisee Rights and Obligations of the Franchisor and Franchisee List of Composition and numbers of franchised goods used by the Franchisee List of Composition of required manpower Trademark registration certificates in Indonesia or filing receipt of the Trademark application in Indonesia. Copy of Franchise Agreement.   After the prospectus (Franchisor’s permits) has been registered in the Ministry, the franchisor can begin the franchisee’s agreement. The franchisee must also register the signed agreement.   Required Documents for Registration of Franchise Agreement (to be filed by the Franchisee): Power of Attorney (by the Franchisee) Application letter made by  Franchisee on the Franchisee’s company letterhead. Copy of the Prospectus of the offered Franchise; Copy of Article of Association of Franchisee’s company Copy of the Business Licenses of the Franchisee; Copy of the ID card of the Directors/owners of the Franchisee Copy of the Franchise Agreement and its Indonesian translation; Copy of Certificate of trademark registration. Composition and numbers of the employees (foreign and local staff) Composition and numbers of franchised goods used by the Franchisee   The documents above must be translated into the Indonesian language.   LICENSE AGREEMENT RECORDATION REQUIREMENTS Required documents for recordal of Trademark license agreement: Executed License Agreement duly notarized by Notary Public in the relevant country Copy of the trademark registration certificate Power of Attorney (simply signed) Identity of the signors Deed of Incorporation of the parties (if any)   The followings have to be included in the license agreement: Place & Date of the letter signing Details of the parties including the address Object of trademark license (trademark registration no.) Terms of use (exclusive, non-exclusive, sub-licensable, or not) Duration Territory   For more information about IP License Agreement in Indonesia, you can read our previous articles here: Indonesia’s IP Odyssey: Unraveling the Ins and Outs of IP License Agreement Recordal   From the description above, if you already have a business with a proven and duplicable business model for at least two years, you can try running a franchise business as a Franchisor. On the other hand, if you want to start running a company from a proven business, you can become a Franchisee.   However, you can run a Licensing business if you are an IP owner who can provide freedom in IP management, including marketing strategies, as a Licensor. On the other hand, for those of you who have a lot of creative ideas to run a business from an IP you don’t own, you can apply for a license from the IP owner, and act as a Licensee. Should you require further information and assistance regarding Franchise & IP Licensing in Indonesia, please contact us at [email protected].   Source: Government Regulation No. 42 of 2007 concerning Franchising Minister of Trade Regulation No. 71 of 2019 concerning The Implementation of Franchise Law No. 20 of…

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Indonesian Discord Users Could Face 1 Billion Rupiah Fine for Streaming Anime Illegally

Intellectual Property

“Every person who unlawfully and/or without permission of the Author or Copyright holder distributes Works or their copies for Commercial Use shall be sentenced to imprisonment for up to 4 years and/or fine up to Rp 1,000,000,000.00!”   As connoisseurs of the entertainment industry, whether in music, feature films, or animated series, we certainly understand that all forms of entertainment are works protected by Copyright.   Article 3 of Law No. 28 of 2014 concerning Copyright states that Works mean any scientific, artistic, and literary works resulted from inspiration, ability, thought, imagination, dexterity, skill or expertise expressed in a tangible form.   Furthermore, Article 4 of the Indonesian Copyright Law states that Copyright Holder means an Author as the Copyright owner, the party acquiring a lawful right from the Author, or other parties who acquire subsequent rights from the party such acquiring lawful rights.   Suppose other parties wish to use the Work, they must obtain written permission from the Copyright Holder or Related Rights Owner in the form of a License Agreement, which may include details of the distribution of Royalty as compensation for using the Work. In other words, if there is no license agreement moreover and there is an attempt to take advantage of a work without permission, it can be said that there has been a Copyright Infringement.   What is meant by taking advantage of this can be something other than a paid activity. For example, as has recently been done by several influencers who want to take advantage of the hype of anime “One Piece” to increase their followers on the Discord platform. They openly hold a viewing event in their group, also promoted on their social media accounts. Even though it is not paid, the watching together event can be considered Copyright Infringement.   Because watching together activities via unauthorized streaming activities on an authorized platform, if carried out without permission, has violated the exclusive rights of the Author or Copyright Holder to obtain economic benefits for their work. One of them is the distribution of Works or their copies, as stipulated in Article 9 Paragraph (1) letter e of the Copyright Law, with the threat of punishment as stated in the first paragraph of this article.   Apart from illegal distribution activities for unauthorized watching events, the Discord application itself has provided strict rules:   “You may not use Discord to stream, upload, or share any content that infringes on the copyrights or other Intellectual Property rights of others. This includes, but is not limited to, streaming movies, TV shows, music, or other copyrighted content without the permission of the copyright holder.”   The rules regarding Copyright on Discord can be accessed via https://discord.com/terms, and each violator can receive the following sanctions: Having your account suspended or terminated Being sued by the copyright holder for copyright infringement Having to pay damages to the copyright holder   Suppose we specifically discuss the latest One Piece episodes that are currently being talked about. In that case, we can watch them for free and legally in Indonesia via the iQIYI and Bstation/Bilibili platforms, complete with Indonesian subtitles. However, if you want to watch it with a higher image resolution, the Bstation platform provides a Premium (paid) option. Remember, whether it’s free or paid, whatever shows we get on the platform, we have no right to distribute or broadcast them again without permission. As regulated in the following Bstation/Bilibili User Agreement:   “Unless otherwise authorized by Bstation/Bilibili in writing, you shall not (and shall not allow, encourage or facilitate any third party to) modify, copy, adapt, maliciously spread, lease, lend, sell or translate the Services or any part thereof, or create derivative works related to them, and shall not obtain their source code through reverse engineering, decompilation, disassembly or other similar acts..”   Furthermore, suppose it is proven that there has been a violation of the law and user agreement. In that case, Bstation has the right to suspend or stop providing part or all of the services to you unilaterally without notice and would like to ask you to compensate for any losses to the extent permitted by law.   Thus, it can be concluded that the activity of watching together (via illegal, unauthorized streaming) on legal platforms whose sources come from legal platforms has become illegal if done without permission. Apart from exposing you to imprisonment for up to four years and/or a maximum fine of one billion Rupiah, you will also lose all access to the accounts you have worked so hard to build.   This illegal watching together activity (on any platform) is no different from moviegoers who are still legally illiterate, and recording or distributing it live via Instagram is an act against the law.   If you have committed a Copyright Infringement or need further consultation regarding organizing a legal watching together activity according to Copyright Law in Indonesia, please don’t hesitate to contact us via [email protected].

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3 Proven Methods to Accelerate the Patent Examination Process in Indonesia

Patent, Intellectual Property

The Directorate General of Intellectual Property of the Republic of Indonesia under the Ministry of Law and Human Rights of the Republic of Indonesia (from now on referred to as “DGIP”) has established various procedures under which the examination of a Patent application may be accelerated. Under these procedures, DGIP will advance an application out of turn for faster examination if the applicant files the following special requests through the ASPEC program, Indonesia-Japan PPH program, or simply by providing the examiner in charge the granted corresponding claims from other Patent Offices, such as the USPTO, JPO, EPO, and others.   We herewith summarize the options that may suit your needs, depending on where you file your Patent applications in other jurisdictions:   1. ASEAN Patent Examination Co-operation (ASPEC) The ASPEC was launched on 15 June 2009. The first regional Patent work-sharing program involves nine participating ASEAN Member States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam. The program aims to accelerate the patent examination process by encouraging each participating Patent Offices to share search and examination results to allow applicants in the participating countries to obtain corresponding patents faster and more efficiently. Since ASPEC aims to reduce duplication in the search and examination work done, it is hoped that the search and examination work done on a corresponding application can be used as a helpful reference in producing high-quality examination reports. Hence, if you can obtain the examination results from other countries in the participating Patent Offices, the examination results or reports can be used as the basis of examination acceleration as long as the corresponding claims are the same. When requesting ASPEC, the Patent applicant is required to submit an ASPEC Request Form to the second Patent Office. The following documents shall accompany the ASPEC Request Form: A copy of the Search and Examination (S&E) report or the Examination Report (“minimum documents”) of a corresponding application from the first IP Office; and A copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. or a PCT ASPEC request, the Patent applicant must indicate that the request is for PCT ASPEC in the ASPEC form. The completed ASPEC request form shall be submitted together with the following documents: A copy of the written opinion/international preliminary examination report (“WO/ISA, WO/IPEA or IPER”) established by an ASEAN International Searching Authority/International Preliminary Examining Authority (ASEAN ISA/IPEA) (“minimum documents”) relating to a corresponding application from the first IP Office; and A copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. Please remember that the request to utilize ASPEC can only be made after the application has finished the publication stage. Based on our experience, the time it takes from filing the ASPEC request until the issuance of the decision to grant will not be more than 12 months – a significant improvement in lead or pendency times compared to the processing time for non-ASPEC patent applications in Indonesia.   2. Indonesia-Japan Patent Prosecution Highway (Indonesia-Japan PPH) The Japan Patent Office (JPO) and the DGIP initiated a Patent Prosecution Highway Program (PPH) on June 1, 2013. Since then, the PPH has been chosen by many applicants who have previously filed their base applications in Japan to accelerate the Patent applications in Indonesia. The PPH request can be filed at any time as long as it is before the deadline to request the substantive examination stage. Please note that an official fee of Rp 5,000,000.00 will be incurred for requesting the PPH acceleration program. When it comes to the requirements, the DGIP will require the applicant to provide the following documents to start the accelerated examination process: All formality documents required to file the application have been submitted and the DGIP will issue the notice of formality documents completion, which should also be provided by the applicant; Proof of payment to file a substantive examination request; The application should have passed the Publication of Period of 6 months; PPH Form (filled in); Corresponding claims which should be equivalent or less compared to the claims granted by the JPO; OEE and OLE examination results; and OEE/OLE in English and/or in the Indonesian language. Based on our experience, the time it takes from filing the PPH request until the issuance of the decision to grant will not be more than 7 to 12 months – a significant improvement in lead or pendency times compared to the processing time for non-ASPEC (or PPH) Patent applications in Indonesia.   3. Providing Corresponding Registered Claims from Other Patent Offices In case none of the options above apply to you, you may also provide the examiners at the DGIP with the corresponding granted claims from other well-established Patent Offices, such as the USPTO, UKIP, EP, AUIPO, SIPO, JPO, etc. The provision of the corresponding granted claims from the aforementioned Patent Offices will make it easier for the examiners at the DGIP to expedite the examination. Please note that the documents should be provided with the equivalent English translation to make it easier for the decision making process by the examiners.   For any questions about Patent applications in Indonesia, please do not hesitate to contact us at [email protected].