Patenting Timetable and Costs Q: How long does it typically take, and how much does it typically cost, to obtain a Patent? A: The process of registering a patent in Indonesia involves several steps, including jling a Patent application, publication, examination and grant. The general process is as follows: Filing a Patent Application:…
After 11 days of intensive negotiations, the International Diplomatic Conference at the World Intellectual Property Organization (WIPO) Headquarters in Geneva, Switzerland, on May 24th, agreed on and adopted the International Treaty on the Protection of Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. This is the first WIPO Treaty to address the interface between Intellectual…
Voluntary Licensing Q: Are they any restrictions on the contractual terms by which a Patent Owner may license a Patent? A: Several minimum requirements should be met. A licence agreement should contain: the date, month, year and place where the licence agreement was signed; name and address of the licensor and the licensee; the…
Indonesian awareness of the importance of protecting Industrial Design has continued to increase in the last five years. This can be seen from the significantly increasing number of Industrial Design registrations. From 2,319 applications in 2017, it grew to 2,835 in 2019, jumped again to 2,957 in 2021, and peaked in 2022 with 3,533 applications.…
Monetary Remedies for Infringement Q: What monetary remedies are available against a Patent infringer? When do damages start to accrue? Do damage awards tend to be nominal, provide fair compensation, or be punitive? How are royalties calculated? A: All laws about Intellectual Property assets allow the infringed to seek damages through the Court of…
Viral on Social Media about how the family of the late proclaimer of the Republic of Indonesia, Bung Hatta, objected to his speeches, which had been released in book form, being digitized and distributed free to the public by a public official for educational reasons and not for commercial purposes. Why might the family raise…
Owning a rare classic car, even at a high price, can be a source of pride. What’s unique is that several classic cars, such as the Porsche 911, Shelby Cobra 427, and Ford Mustang GT500, which are widely used by Indonesian celebrities, are local manufacturers, aka custom or modified results from different cars. How is…
Patent Invalidity Q: How and on what grounds can the validity of a Patent be challenged? Is there a special court or administrative tribunal in which to do this? A: Article 130 of the Indonesian Patent Law regulates several grounds to invalidate a Patent. Most notably, an invalidation decision issued by the Court of…
To date, Indonesia is still considered as a “hot bed” for Copyright infringements. Many infringements vary from petty ones to the heavily industrialised ones. Copyrights are protected under the Law No. 28 Year 2014 on Copyrights and by definition, a (Copyright) Creation is any creative work in the fields of science, art, and literature that…
Types of Protectable Inventions Q: Can a Patent be obtained to cover any type of invention, including software, business methods and medical procedures? A: The Patent Law was enacted in 2016 and the government eventually issued the much-anticipated Patent examination guidelines in 2019. The current Law differs from its predecessor in that it does…