Discover 6 Intellectual Property Potentials in Padel - AFFA IPR

Discover 6 Intellectual Property Potentials in Padel

Patent, Intellectual Property, Trademark, Copyright, Industrial Design

Padel is experiencing rapid growth in Indonesia. Over the past few years, it has captured the attention of various groups — from sports communities and entrepreneurs to celebrities. Its popularity is reflected in its inclusion in PON XXI 2024 (National Sports Week) held in Aceh – North Sumatra, as well as in several tournaments held in Indonesia, including the Asia Pacific Padel Cup 2024 and Padel Pro Open 2025.   Padel was first created in 1969 in Acapulco, Mexico, by Enrique Corcuera. He modified a squash court at his home by adding walls and elements from tennis, creating a new game called “Paddle Corcuera.” This new game quickly attracted the attention of his friends, including Alfonso de Hohenlohe, who later introduced padel to Marbella, Spain in 1974 and built two courts there. From Spain, padel spread to Argentina (1975) and continued to grow in popularity across Europe and Latin America. In 1991, the Federation International de Padel (FIP) was established in Madrid, Spain, to regulate and promote the sport globally.   As the padel ecosystem continues to grow in Indonesia, various elements — such as tournament names, logos, racket designs, court technology, training strategies, and merchandise — are becoming strong identity markers with commercial value. All of these should and can be protected through various forms of Intellectual Property (IP) rights, so that all parties involved can benefit while supporting a more sustainable padel ecosystem.   Here are several relevant and potential IP categories in the world of padel:   Trademark Names of padel clubs, logos, slogans, tournaments, courts, training academies, apparel, padel balls, rackets, or other equipment should be protected to avoid the use of identical or confusingly similar names. These should be registered as Trademarks, which offer protection for 10 years and can be renewed indefinitely. Industrial Design The visual designs of rackets, special padel shoes, and uniquely styled tournament uniforms can be protected as Industrial Designs, with a protection period of up to 10 years. Patent This category includes technological innovations in racket materials or structure, automated digital scoring systems, training sensors, and unique portable padel court construction features. Such innovations can evolve continuously and offer local manufacturers or innovators a competitive edge. Copyright Promotional content such as tournament highlight videos, music, event posters, digital graphics, and training modules or documented game strategies is automatically protected under Copyright. However, formal recordation is recommended to strengthen legal proof of ownership. Trade Secret This category includes exclusive training techniques used by padel coaches, business strategies or community management models, and even recipes or formulas for sports nutrition products used by a club. Trade Secrets do not require registration but must be kept confidential to remain protected. Licensing & Franchising Business models such as court rentals, expansion of padel club branches, licensing tournament names for use in other cities, or even launching padel-themed café franchises can be governed through licensing or franchise agreements, and can be officially recorded to secure legal protection and expand commercial benefits.   Ultimately, padel is a fun sport and a gateway to economic opportunities through Intellectual Property assets. Business actors and padel communities must understand that the innovation, creativity, and identity they build today can become sustainable business value — if properly managed and protected. Should you need further information about registering and protecting Intellectual Property in the padel sport, feel free to contact us at [email protected].

特许人在印度尼西亚开展业务前应满足的7个条件-affa

特许人在印度尼西亚开展业务前应满足的7个条件

Intellectual Property

知识产权在特许经营业务中发挥着重要作用，在印度尼西亚，特许经营称为 “Waralaba”。“该特许经营商标注册了吗？”这个问题对授予特许者（特许人）非常重要，它是检验商标有效性的首要问题。   从投资者（加盟商）的角度来看，在印尼经营特许经营业务似乎很有前景。因为我们得到了快速投资回报率的“自动经营” 业务的承诺！   只需投入一些资金，收入就会源源不断，这归功于我们获得的特许经营权。 特许经营的提议如雨后春笋般涌现，在各种特许经营展览会上，很容易就能找到诱人的商业提案，包括由知名艺术家支持的新公司的提案。   但要考虑的是，我们所关注的公司所提供的业务值得称为特许经营吗？   假冒特许经营商会有什么法律后果吗？   特许经营的定义 根据《印度尼西亚共和国政府条例》（2007 年第 42 号，关于特许经营）第 1 条和《印度尼西亚共和国贸易部长条例》（2019 年第 71 号，关于实施特许经营）第 1 条，特许经营是指个人或企业实体对具有商业特征的商业系统所拥有的特殊权利，目的是销售成功的商品和/或服务，其他各方可根据特许经营协议利用和/或使用这些商品和/或服务。   特许经营必须满足的 7 项标准 《政府条例》第 3 条 2017年底42号关于特许经营以及《贸易部长条例》第 10 条 2019年第71号关于实施特许经营规定了具有特许经营概念的企业必须满足的明确标准，具体如下：   1.      具有商业特色 鲜明特点的企业，是指与其他同类企业相比，具有不易被模仿的优势或差异，并使消费者青睐这些特点的企业。例如，特许经营人（特许人）特有的管理系统、销售和服务方法，或结构或分销方法。 2.      盈利证明 该证明指特许人在经营过程中积累大约 5 年的经验，并掌握了克服困难的经营诀窍，从而实现继续生存和发展，并实现盈利。   3.      以书面形式制定所提供商品和/或服务的服务标准 这项规定要求特许经营公司制定 SOP（Standard Operational Procedure标准操作程序），以便加盟商在统一框架内开展业务。 因此，若不具备 SOP，就不能称之为特许经营。   4.      易于教学和应用 特许经营业务的好处在于，没有类似业务经验或知识的加盟商可以根据特许人提供的持续经营和管理指导很好地开展业务   5.      持续支持 此外，特许人不应袖手旁观，因为它有义务不断向加盟商提供经营指导、培训和宣传。   6.      已注册的知识产权 确保您审查的特许经营公司已注册与业务相关的知识产权，如商标、版权、专利和商业秘密，并提供证书所有权证明，或正在授权机构进行注册，具体指印度尼西亚共和国法律和人权部知识产权总局（DJKI）。   7.      拥有STPW（特许经营注册证书） 《贸易部长条例》第 10 条第 71号2019年要求特许人机加盟商拥有 STPW。 要获得本STPW，特许人必须有特许经营招股说明书，否则特许人加盟商之间不得签订特许经营协议。 注意，若将来特许人的知识产权（IPR）注册未获批准或过期，STPW 将失效。   因此，鉴于知识产权在特许经营业务中的重要性，必须一开始就提出“您的企业是否已在知识产权总局（DJKI）注册商标？”的问题。   在辨别假冒特许经营权时，注意以下一些重要事项：   真正的特许经营不会承诺自动经营 印度尼西亚特许经营协会（AFI）主席阿南–苏坎达尔（Anang Sukandar）在组织国际特许经营展览会时警告说：“我们不应被敷衍了事的方法所迷惑。在生意场上，不会自动经营。自动驾驶只存在于航空领域，在商业领域不存在。” 因此，千万不要以为特许经营企业就像投资黄金一样，不按照经营流程就能持续上涨。 因为你可能被当作猎物，这样特许人就可以在将来亏损时逃脱惩罚。 例如，说明你所处的位置并不有利。   印度尼西亚特许经营支持国内生产 不要被以销售进口原材料为主要吸引力的特许经营店所诱惑。 因为《特许经营条例》第 9 条规定，只要符合特许人书面规定的商品和/或服务质量标准，特许人和加盟商应优先使用国产商品和/或服务。                                                                                                     通过更好地了解特许经营业务的复杂性，在选择特许经营业务时就会更多选项。 看似非常诱人的商业提议可能只是合伙提议，并不符合印度尼西亚共和国政府的《特许经营条例》。   注意，使用不符合上述标准的 “特许经营 “可能会受到行政处罚，应根据法律法规的规定，推荐发证官员吊销营业执照和/或经营/商业执照。 换句话说，您付出的巨额投资最终可能会亏损，不是因为缺少买家，而是因为忽略了对特许经营强制要求的检测。   如需更多有关印度尼西亚或全球特许经营的信息和帮助，请通过以下方式联系我们[email protected]. 来源： 政府条例 2007 年第 42 号关于特许经营 贸易部长条例 2019年第71号关于实施特许经营

7-Things-That-A-Real-Franchise-Should-Have-in-Indonesia-affa

7 Things That A Real Franchise Should Have in Indonesia

Intellectual Property

Intellectual Property Rights have an essential role in the Franchise business in Indonesia. The question “Does your Franchise already register your Trademark?” becomes very relevant to test its legitimacy as an initial question to the Franchisor.   Running a Franchise business in Indonesia, from an investor’s point of view or as a Franchisee, at first glance, looks promising because we are promised an “auto-pilot” business with a quick return on investment!   Without a million-dollar investment, you will have continuous cash flow in returns with the help of the big name of the Franchise that we take. Franchise offers are increasing, including at various Franchise exhibitions. We can easily find lucrative business proposals from new companies with well-known artists behind them.   However, we need to pay attention to whether the business offered by the companies we aim for is worthy of being called a Franchise.   Are there any legal consequences for fake Franchise businesses?   Definition of Franchise in Indonesia According to Article 1 of the Government Regulation of the Republic of Indonesia Number 42 of 2007 concerning Franchising and Regulation of the Minister of Trade of the Republic of Indonesia Number 71 of 2019 concerning the Implementation of Franchising, what is meant by Franchising is a Special Right owned by an individual or business entity towards a business system with business characteristics, to market goods and/or services that HAVE PROVEN SUCCESS and can be utilized and/or used by other parties based on the Franchise Agreement.   7 Criteria that Franchisees Must Fulfill Article 3 Government Regulation No. 42 of 2007 concerning Franchising and Article 10 of the Minister of Trade Regulation No. 71 of 2019 concerning the Implementation of Franchises provides clear criteria regarding things that must be fulfilled by businesses that use the Franchise concept, as follows:   1.      Has Distinctive Business Characteristics Businesses with distinctive characteristics have advantages or differences that are not easily imitated compared to similar companies, making consumers always look for those characteristics. For example, the Franchisor’s unique characteristics are management systems, sales and service methods, or arrangement or distribution methods.   2.      Proven to Provide Benefits This evidence refers to the experience of the Franchisor, who has been running for approximately 5 (five) years. It already has business tips for overcoming problems in its business so that it can continue to survive, grow, and be profitable. 3.      Has Service Standards for the Goods and/or Services Offered which are Made in Writing This rule requires a Franchise to have a certain Standard Operational Procedure (SOP) so that the Franchisee can carry out business within a clear and the same framework. Therefore, it is only a Franchise if it is equipped with SOP. 4.      Easy to Teach and Apply The pleasant thing about the Franchise business is that Franchisees who do not have experience or knowledge of similar businesses can carry it out well through the Franchisor’s continuous operational and management guidance. 5.      Provide Continuous Support Apart from point number four, the Franchisor must be very helpful because it must continuously provide operational guidance, training, and promotions to the Franchisee. 6.      Registered Intellectual Property Rights Make sure that the Franchise you are seeking has registered Intellectual Property Rights (IPR) related to the business, such as Trademarks, Copyrights, Patents, or Trade Secrets, with proof of certificate ownership or is in the process of registering with the authorized agency in this case, the Directorate General of Intellectual Property (DGIP), Ministry of Law and Human Rights of the Republic of Indonesia. 7.      Has an STPW (Franchise Registration Certificate) Article 10 Regulation of the Minister of Trade of the Republic of Indonesia No. 71 of 2019 requires Franchisors and Franchisees to have STPW. To obtain this STPW, the Franchisor must have a Franchise Offer Prospectus, because without it a Franchise Agreement cannot be made between the Franchisor and the Franchisee.   It should also be noted that the STPW is declared invalid if in the future the registration of IPR (eg. Trademark) by the Franchisor is not approved or the validity period of the IPR expires.   Therefore, given the importance of Intellectual Property in a Franchise business, the question “Does your Franchise already register your Trademark?” must be asked from the start.   Furthermore, some essential things that you should also pay attention to when sorting out fake Franchises are:   True Franchises Don’t Promise Auto-Pilot At the recent international Franchise exhibitions, Chairman of the Indonesian Franchise Association (AFI) Anang Sukandar warned, “We should not be lulled into instant ways. In business, you can’t have auto-pilot business. Auto-pilot only exists in the world of aviation, not in business.” So don’t ever think that a Franchise business is like investing in gold, which can continue to rise without following the business process. If your Franchisor is offered that way, perhaps you are being used as prey, and the Franchisor can be irresponsible when you lose money in the future, for example, by giving reasons that your location is not in a profitable area.   Indonesian Franchise Supports Domestic Production Take your time to be tempted by Franchises that sell imported raw materials as their main attraction. Article 9 of the Government Regulation concerning Franchising states that the Franchisor and the Franchisee prioritize using domestically produced goods and/or services as long as they meet the quality standards of goods and/or services stipulated in writing by the Franchisor.   By better understanding the ins and outs, you can be more selective in choosing a Franchise business. The business offer that looks very tempting could be just a partnership offer that does not follow the Republic of Indonesia Government Regulations on Franchising.   So that you know, the use of the term Franchise that does not meet the above criteria may be subject to administrative sanctions in the form of recommendations for revocation of business permits and/or operational/commercial permits to issuing officials according to the…

Similar-But-Not-The-Same-The-Difference-Between-Franchising-and-Licensing-in-Indonesia-affa-global

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…