4 Steps to Prevent Your Industrial Design from Being Copied or Misused in Indonesia - AFFA IPR

4 Steps to Prevent Your Industrial Design from Being Copied or Misused in Indonesia

Intellectual Property, Industrial DesignLeave a comment

In business practice, product design often serves as a key differentiator in the market. However, without proper protection, such designs are highly vulnerable to imitation or even being claimed by others. Therefore, both preventive and enforcement strategies are essential to ensure your product design remains legally protected.   Maintain Confidentiality  Keep your design confidential by securely storing evidence of your Industrial Design creation and avoid publishing or commercializing it before registration.  This is critical because novelty is the primary requirement for Industrial Design protection.For a deeper understanding of novelty, refer to our previous article: “The 4 Key Factors that Determine Industrial Design Novelty in Indonesia” File Your Industrial Design Application Promptly  Submit your Industrial Design application to the Directorate General of Intellectual Property (DJKI) as soon as your design is ready—either directly or through a reliable IP Consultant.Why is this important? Because Industrial Design protection follows the first-to-file principle. Without registration, there are no exclusive rights that can be legally enforced. File an Opposition if Necessary  During the registration process, there is a publication period that allows third parties to file objections.If you identify a design that is: Identical; substantially similar; or potentially infringing your rights,  you may file an opposition as a legal measure of protection.This step is crucial to prevent others from obtaining rights over a design that does not rightfully belong to them. Use Proper Legal Agreements in Collaborations  When working with vendors, designers, manufacturers, or business partners, it is essential to have a written agreement (contract) that clearly regulates: Ownership of the design Confidentiality (Non-Disclosure Agreement / NDA) Rights of use and distribution  Without a clear agreement, the risk of future disputes—including unauthorized transfer or claims of ownership—is significantly higher.   If Your Design Has Already Been Copied or Misused You still have legal options to enforce your rights—without immediately going to court. Here are the steps you can take: Gather Evidence of Infringement  Identify and document: The infringing products Proof of sales or distribution Platforms or parties involved  This evidence will form the foundation of your legal enforcement actions. Ensure You Hold a Valid Industrial Design Certificate  The certificate serves as legal proof of ownership.Without it: Your legal position becomes weak Enforcement actions become significantly more difficult  Issue a Legal Warning (Cease and Desist Letter)  A warning can be delivered formally (in writing) or informally (verbally) as an initial step.Its purpose is to: Notify the infringer Open the possibility for resolution without escalating the dispute  Utilize Alternative Dispute Resolution (ADR)  If the warning is ineffective, you may proceed with: Mediation Negotiation Arbitration  These methods are generally faster, more cost-efficient, and confidential (unlike court proceedings). Ultimately, protecting your Industrial Design is not solely about registration—it requires a well-planned strategy from the initial stage through to enforcement. Should you have further questions regarding Industrial Design registration and protection in Indonesia, feel free to contact us through the following channels and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Can You Protect Checkered Sarong Designs Under Indonesian IP Law? - AFFA IPR

Can You Protect Checkered Sarong Designs Under Indonesian IP Law?

Intellectual Property, Copyright, Industrial DesignLeave a comment

Sarong fabrics featuring checkered patterns and distinctive color combinations often serve as a unique identity of a particular region or brand. Due to their visual appeal and strong market demand, these designs are frequently commercialized. This raises an important question: can such patterns be protected as exclusive rights in Indonesia, and if so, under which type of Intellectual Property protection?   Available Forms of Protection in Indonesia   Checkered patterns and color combinations on sarongs can be protected under Indonesian Intellectual Property law, depending on how they are created and used. The two most relevant forms of protection are Copyright and Industrial Design.   Protection as Copyright   Under Law No. 28 of 2014 on Copyright, protection is granted to artistic works, including motifs or designs with artistic value.   A sarong pattern may qualify for Copyright protection if it: Is created as an original artistic work; Demonstrates creativity and uniqueness; and Is not merely a common or repetitive pattern widely available in the market.   Examples include: A sarong motif specifically designed by a designer; A pattern with a distinctive composition of lines and colors that reflects strong artistic character.   In this case, the protection applies to the artistic motif itself, not the sarong product.   Protection as Industrial Design   If the pattern is applied to sarongs that are mass-produced and sold commercially, serving as part of the product’s visual appearance and market appeal, then Industrial Design protection is more appropriate.   Under Law No. 31 of 2000 on Industrial Design, the aesthetic appearance of a product—such as compositions of lines and color combinations—can be protected as an Industrial Design.   In this context, the protection covers the appearance of the sarong as a commercial product.   Which Protection Is More Appropriate? Both forms of protection are available, and the choice depends on the intended strategy: Aspect Copyright Industrial Design Object Artistic Work (Motif) Product Appearance Protection Automatic (registration optional but recommended) Must be Registered Requirement Originality Novelty Term Life of the author + 70 years 10 years Business Value More Abstract More Specific & Practical   Can Both Protections Be Used?   Yes. A combined strategy is often the most effective. For example: The original motif created by a designer can be protected under Copyright; Once applied to sarongs and commercialized, the design can also be registered as an Industrial Design.   This approach ensures long-term protection of the artistic work, while also securing strong commercial protection for the product.   However, it is important to ensure that the design is actively used in business, so that the investment in registration or recordation provides real value.   Do you have a unique motif you want to protect? Contact us through the following channels and get a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

The Ultimate Guide to Indonesia’s Latest Patent Regulation Under the Ministry of Law Regulation No. 6 Year 2026 on Patent Applications - AFFA IPR

The Ultimate Guide to Indonesia’s Latest Patent Regulation Under the Ministry of Law Regulation No. 6 Year 2026 on Patent Applications

Patent, Intellectual PropertyLeave a comment

The Government of the Republic of Indonesia has recently enacted the Ministry of Law Regulation No. 6 of 2026 concerning Patent Applications (hereinafter referred to as the “Regulation”), establishing an updated regulatory framework governing the procedural aspects of Patent filings before the Directorate General of Intellectual Property (DGIP). The new regulation represents an important development in Indonesia’s Patent administration, reflecting the government’s continuing efforts to enhance the efficiency, transparency, and legal certainty of the national intellectual property system. Furthermore, the regulation serves as the implementing regulatory framework for the latest amendment to the Patent Law under the Law No. 65 Year 2024 on the Third Amendment of the Law No. 13 Year 2016 on Patents. From a practical perspective, the regulation introduces a number of procedural refinements and clarifications that are relevant to Patent applicants and practitioners managing Patent portfolios in Indonesia. In particular, the new provisions address several aspects of the Patent application process, including filing formalities, supporting documentation, and administrative procedures before the DGIP. As Indonesia continues to attract increasing levels of technological investment and innovation-driven activity, understanding these regulatory developments will be essential for applicants seeking effective and timely Patent protection in the jurisdiction. We herewith provide you with the summary of the Regulation for your perusal:   Minimum Information and Document Requirements for Application Article 2 of the Regulation stipulates the minimum information required for the submission of a Patent application. These requirements include the following: a. the date, month, and year of the Application letter; b. the name, full address, and nationality of the Inventor; c. the name, full address, and nationality of the Applicant, in the event that the Applicant is not a legal entity; d. the name and full address of the Applicant, in the event that the Applicant is a legal entity; e. the name and full address of the Attorney, in the event that the Application is filed through an Attorney; f. the title of the Invention; g. the name of the country and the Filing Date of the first Application, in the event that the Application is filed with a Priority Right; and h. the Patent Cooperation Treaty (PCT) number and the international Filing Date, in the event that the Application is filed based on the Patent Cooperation Treaty.   Furthermore, an application should also be complemented with the following: a. Title of invention; b. Description of the Invention; c. Claims defining the scope of protection sought; d. Abstract of the Invention; e. Drawings, where the Application includes drawings necessary for the understanding of the Invention; f. Power of Attorney, where the Application is filed through a licensed IP attorney/agent; g. Assignment of Rights to the Invention, where the Application is filed by an Applicant who is not the Inventor; h. Certificate confirming the status of a micro or small enterprise, educational institution, or government research and development institution, issued by the competent authority, where the Applicant qualifies under such category – however, this only applies to local entity; i. Certificate of deposit of a microorganism, where the Application relates to a microorganism; and j. Statement from the Applicant regarding the origin of Genetic Resources and/or Traditional Knowledge, where the Invention involves Genetic Resources and/or Traditional Knowledge.   Sub Sections and Sequence Listinga. Field of the Invention A description and explanation of the technical field to which the Invention relates.b. Background of the Invention An explanation of the technical background of the Invention, known to the Applicant, is necessary for understanding, searching, and examining the Invention. This section may also refer to prior documents forming part of the technical background and may include an explanation of the technical advantages and benefits of the Invention compared with existing technologies in the same field. c. Brief Summary of the Invention A concise explanation describing the embodiment of the Invention and how it may be implemented. d. Brief Description of the Drawings A short explanation of matters relating to the drawings, where the Application includes drawings. e. Detailed Description of the Invention A complete explanation of at least one method of carrying out the Invention. Where appropriate, the description may refer to the accompanying drawings and must explain how the Invention can be applied in industry or used in practice, particularly where the nature of the Invention makes it difficult to describe purely in words. f. Sequence Listing Where applicable, a sequence listing provided in a format compliant with international standards and submitted in Portable Document Format (PDF).   Both English and Indonesian Translations Must Be Submitted Article 7 of the Regulation stipulates that in the event that the Patent description is written in foreign languages other than English, the applicant will still be required to provide the English AND Indonesian translations within 30 days from the date of application. There is no extension of time for this submission, and we encourage the applicants to provide the required translations within the deadline.    National Phase Entry Deadline and Extension Under Article 37 of the Regulation, a Patent application filed under the Patent Cooperation Treaty (PCT) designating Indonesia must be submitted to the Minister as the receiving authority for the national phase entry within a period of no later than 31 (thirty-one) months, calculated from: a. the international filing date; or b. the earliest priority date.   Where an application is submitted after the 31-month time limit, the applicant or their authorized representative may be granted an extension for filing the application, subject to the payment of the applicable fee in accordance with the prevailing regulations governing Non-Tax State Revenue (PNBP) within the Ministry of Law. The extension of time referred to above may be granted for a maximum period of 3 (three) months from the expiration of the filing deadline, calculated from the international filing date. Furthermore, an extension may be granted for a maximum period of 12 (twelve) months from the expiration of the filing deadline, calculated from the earliest priority date. If the application is filed beyond the extension periods…

Understanding Intellectual Property in a Single Hamper - AFFA IPR

Understanding Intellectual Property in a Single Hamper

Intellectual PropertyLeave a comment

As the festive season approaches, markets and shopping centers are filled with a wide variety of attractive hampers. These gift sets typically include a combination of food, beverages, and handicraft items, packaged exclusively for family members, business partners, or associates.   However, within a single hamper gift, various types of Intellectual Property (IP) are embedded in each element. Understanding this is essential, particularly for business owners who aim to enhance their business value while also legally protecting their products.   Trademark  This is likely the type of IP you are most familiar with. As an identifier for a product, a Trademark provides a unique, easily recognizable name or logo. From the name or logo, consumers can form impressions about taste, quality, and even price range, as Trademarks are closely linked to a product’s branding. If your product’s Trademark has been registered, it is protected for 10 years from the filing date and can be renewed every 10 years thereafter. Industrial Design  Beyond the name, attention is often drawn to the unique packaging that wraps these products. From ribbon designs, packaging bags, to boxes with distinctive folds, these elements can be protected as Industrial Designs. The main requirement for registration is novelty. In many cases, unique packaging design becomes a key differentiator in the market, sometimes even more influential than the product itself. Once registered, an Industrial Design is protected for 10 years and cannot be renewed. Copyright  On product packaging, we often find popular characters, photographs, or unique illustrations that are protected under Copyright. Copyright protection arises automatically once a work is created, without the need for registration. However, recordation is still recommended to strengthen proof of ownership and facilitate enforcement in case of disputes. In general, Copyright protection lasts for the creator’s lifetime plus 70 years. Trade Secret  Do your hampers include delicious, long-lasting chocolates, exceptionally tasty cookies, or other distinctive food and beverages? These products may rely on recipes known only to certain individuals and are protected as Trade Secrets. Trade Secrets do not require registration with the government, including the Directorate General of Intellectual Property (DJKI). Protection is maintained through confidentiality agreements between relevant parties. Such agreements also regulate sanctions in the event of unauthorized disclosure. Geographical Indication  If your hampers include products such as Gayo Coffee, Salak Pondoh, Kerinci Cinnamon, or Sikka Ikat Weaving, these are also forms of protected Intellectual Property. As Geographical Indications, these products represent qualities and reputations tied to their place of origin. Ownership is not granted to individuals but to institutions representing the local community, as well as regional or local governments. With Geographical Indication protection, these products gain higher market value, stronger regional branding, and broader export opportunities.   Interestingly, these various types of IP do not have to exist separately across different products. In many cases, a single product may simultaneously contain a Trademark, Industrial Design, and Trade Secret.   The key lies in how we analyze and leverage this information as a source of business inspiration moving forward.   By owning Intellectual Property, businesses gain valuable intangible assets that enhance business value, provide legal protection, enable monetization, and strengthen competitiveness in the market.   Should you have further questions regarding the registration and protection of Intellectual Property in Indonesia or internationally, feel free to contact us through the following channels and get a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Indonesia New Trademark Registration Rules: Scanned Passport & Article of Association are Now Mandatory for Foreign Applicants - AFFA IPR

Indonesia New Trademark Registration Rules: Scanned Passport & Article of Association are Now Mandatory for Foreign Applicants

Intellectual Property, TrademarkLeave a comment

The Government of the Republic of Indonesia has officially enacted Minister of Law Regulation (Permenkum) No. 5 of 2026, which introduces updates to the regulations governing Trademark registration in Indonesia. This regulation replaces Minister of Law and Human Rights Regulation No. 67 of 2016 (including its amendments), which is considered no longer aligned with current legal developments and practical needs. Furthermore, this new regulation implements Law No. 6 of 2023 on Job Creation (UU Cipta Kerja), which amended several provisions of the Trademark and Geographical Indications Law.   What’s New in This Regulation? Many of the general changes to application requirements are set out in Article 2, Paragraph (4), which regulates the required documents for Trademark applications. The key updates include: Identity Card/ Passport Becomes a Mandatory Document For applicant identification documents, the following are now mandatory for individual applicants: National Identity Card (KTP) Child Identity Card (KIA) Limited Stay Permit Card (KITAS) Permanent Stay Permit Card (KITAP) The new regulation also explicitly recognizes the KIA as a valid form of identification.For foreign applicants, whether filing directly or through an attorney, a scanned copy of the passport must be submitted. Director’s Identity Card/ Passport and Article of Association Required for Corporate Applicants If the applicant is a legal entity or company, whether domestic or foreign, the following documents are now mandatory: A scanned copy of the director’s Identity card/ passport, and The articles of association of the company. Certified Translation for Priority Rights If an application claims Priority Rights, the priority document must be accompanied by an Indonesian translation prepared by a sworn translator. With the enactment of this regulation, all Trademark applications filed after the regulation’s promulgation date must comply with these new requirements. Applications submitted before the regulation came into effect will continue to be processed under the previous rules.   Should you have questions regarding the new regulations on Trademark registration and protection in Indonesia, please contact us through the channels below and receive a free 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

8 Benefits of Registering Patents in Indonesia - AFFA IPR

8 Benefits of Registering Patents in Indonesia

Patent, Intellectual PropertyLeave a comment

Amid the growing pace of innovation and technology-driven competition, legal protection for inventions has become increasingly crucial. In 2024, Indonesia ranked 4th globally as a country of origin with the highest number of Simple Patent (Utility Model) filings, totaling 4,842 applications. This increase reflects a growing awareness of the importance of Patent protection. But what are the actual benefits of owning a protected Patent? This article outlines eight key benefits of registering a Patent in Indonesia, based on the applicable legal framework. Exclusive Rights of the Patent Holder A Patent grants Exclusive Rights to its holder to exploit the invention and to prohibit others from exploiting it without authorization. For Product Patents, the prohibition includes making, using, selling, importing, leasing, delivering, or supplying the patented product. For Process Patents, the exclusive rights include the use of the patented process and the exploitation of products directly resulting from that process. These rights are valid for the duration of protection as stipulated by law. Legal Certainty Under the First-to-File Principle Indonesia adopts the first-to-file principle, meaning that rights are granted to the party that first files an application meeting the legal requirements. Timely filing: Secures legal standing, Prevents competing claims, and Protects the invention before it loses novelty due to public disclosure. Patent as a Basis for Enforcement An issued Patent certificate can serve as a legal basis for enforcement in case of infringement. In practice, a Patent holder may: File a civil lawsuit with the Commercial Court to claim damages and request cessation of infringement. File a criminal complaint, as Patent infringement constitutes a complaint-based offense, meaning legal proceedings begin upon the rights holder’s complaint. In civil cases, damages may include: Actual economic losses, and Proven lost profits. Evidentiary Advantage for Process Patents In disputes involving Process Patents, the law provides a mechanism to reverse the burden of proof. Under certain conditions, the defendant must prove that the process they use differs from the patented process. This provision strengthens the legal position of Process Patent holders in proving infringement. A Commercial Asset That Can Be Licensed A Patent can be commercialized through Licensing agreements under a royalty scheme. To have legal effect against third parties, a Licensing agreement must be recorded with the Directorate General of Intellectual Property (DGIP). Thus, a Patent not only provides legal protection but also generates economic value. Encouraging Technology Implementation in Indonesia The Patent Law requires Patent holders to implement their inventions in Indonesia within a certain period after grant. Implementation may take the form of: Production, Use of the patented process, Importation for commercialization purposes, or Granting a License. This provision promotes the utilization of technology for national economic development. Protection for Products Resulting from a Patented Process For Process Patents, protection does not stop at the process itself but also extends to products directly resulting from that process. This broadens the scope of protection and prevents circumvention through non-substantial modifications. Enhancing Business Value and Credibility In practical terms, Patent ownership: Increases company valuation, Strengthens positioning in technology collaborations, and Provides certainty in investment or partnership negotiations. In an innovation-driven business ecosystem, a Patent serves as an indicator of a company’s technological strength and seriousness.   Ready to register your Patents in Indonesia? Contact us through the following channels and get a FREE 15-minute consultation.   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

When Weather Can Be Engineered in Indonesia: Is There a Role for Patents? Who Owns It? - AFFA IPR

When Weather Can Be Engineered in Indonesia: Is There a Role for Patents? Who Owns It?

Patent, Intellectual PropertyLeave a comment

Recently, Indonesia has once again been confronted with extreme weather phenomena: high-intensity rainfall within short periods, urban flooding, and drought in other regions. Climate variability is becoming increasingly evident—and increasingly costly in its impact. Amid this situation, a strategic question arises: “Are we merely spectators of changing weather patterns, or can we become technological innovators capable of managing them?” Weather Modification Technology (WMT) shows that Indonesia has never been passive. Since the trials in Bogor in 1977 and the Jatiluhur project in 1979, Indonesia has developed the capacity to intervene in cloud microphysical processes. However, behind these operational activities lies a much broader space for innovation—particularly in the field of Patents.   Correcting Misconceptions: WMT Does Not Create or Move Rain Scientifically, WMT does not create clouds out of nothing, nor does it eliminate them. The intervention targets existing clouds by introducing hygroscopic particles that function as Cloud Condensation Nuclei (CCN). The World Meteorological Organization (WMO) has emphasized that the atmospheric energy scale is far too large to create rain instantly. Realistic intervention focuses on optimizing condensation and droplet coalescence processes. This is where the engineering dimension opens up real innovation opportunities—not myths—and where the role of Patents becomes crucial.   From Table Salt to Engineered Compositions: The Evolution of Inventions The classical approach in Indonesia involves dispersing NaCl powder of approximately 50 microns from aircraft, even using food-grade salt to minimize contamination risks. Domestic studies have shown that its use does not significantly impact water quality. However, innovation has not stopped at simply dispersing salt.   Engineering Hygroscopic Solution Compositions  Patent S00202512764, owned by the National Research and Innovation Agency (BRIN), introduces a composition of NaCl (95–99%) and methanol (90–99%) in a 1:5 ratio, designed to produce micro hygroscopic particles (≥1 µm) through combustion in a Ground Particle Generator system without pyrotechnic mechanisms.  This means: Not merely adding material; But engineering aerosol characteristics; With a controlled particle size as CCN.  This approach reflects a paradigm shift—from “adding material” to “designing particles.” More Hygroscopic Alternatives: MgCl₂ and CaCl₂  Patent P00201602375, owned by the Agency for the Assessment and Application of Technology (BPPT), explores magnesium chloride hydrate (MgCl₂·nH₂O), which is more hygroscopic than NaCl. The claimed advantages: More effective moisture absorption; More practical than pyrotechnic flares; Less corrosive to equipment. Here we see that innovation extends beyond meteorology into logistics, safety, and operational efficiency.   Alternative Platforms: From Aircraft to Ground-Based Towers Beyond aircraft, Indonesia has developed Ground-Based Generators (GBG) for orographic rain clouds. Advantages include: Lower operational costs; Automation capability; Remote operation; Suitability for mountainous regions.   Patent P00202506598, also owned by BRIN, details an ejector nozzle system operating at ≥10 bar, designed to reach warm cloud targets up to 100 meters above the unit. The design has been validated through CFD simulations—entering the realm of precision fluid engineering. Thus, this is no longer merely field operations, but a mature engineering system design.   The Future: Engineered CCN and Nano-Particles The National Oceanic and Atmospheric Administration (NOAA), often considered the U.S. equivalent of Indonesia’s meteorological agency, explains that every cloud droplet forms around condensation nuclei—dust, salt, or other hygroscopic particles. Patent P00201300563, owned by BPPT, attempts to go further by: Producing nano-particles (0.1–0.3 µm); At high particle generation rates; Through atomization and high-temperature processing. If particle size and concentration can be controlled stably: Material efficiency increases; Operations become more consistent; Generators can be ground-based; Dependence on flares decreases. This is where disruptive innovation can continue to evolve—and be protected through Patents.   Extreme Weather as a Catalyst for Innovation and Patent Protection Ultimately, extreme weather is not merely an environmental issue. It concerns food security, energy (hydropower and reservoirs), infrastructure, and even geopolitics. Within every technological solution lies a Patent opportunity. Indonesia already possesses operational WMT capabilities, technical human resources, universities, research institutions, and real market demand. Yet protection of inventions at an early stage, commercialization strategies, and the courage to transform technology into IP assets remain limited. This phenomenon should inspire Indonesian innovators to continue innovating—because market needs exist, licensing opportunities exist, and royalty potential exists through Patents. Imagine if Indonesia could: Design next-generation, more efficient CCN; Develop IoT- and AI-based aerosol generators; Integrate CFD simulations with real-time radar data; Create next-generation, environmentally friendly seeding materials; Export GBG systems to other tropical countries. In the end, weather engineering is no longer merely a government project. It has evolved into a Patent ecosystem—a space of innovation that offers economic value and strategic advantage for inventors. With proper, strategically designed, and legally protected Patent registration, research results do not stop as technical reports. They transform into assets with bargaining power, commercial value, and ownership certainty. Everything begins with one fundamental step: the courage to turn research into inventions—and inventions into protected assets. If you are a researcher, startup founder, systems engineer, chemical industry professional, or technology investor, today’s extreme weather phenomenon is not merely an environmental challenge. It is a momentum for innovation.   Should you need assistance with Patent registration strategy and protection, contact us through the following channels and receive a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

IP Infringed Online? Now You Can Request Official Takedowns in Indonesia - AFFA IPR

IP Infringed Online? Now You Can Request Official Takedowns in Indonesia

Intellectual PropertyLeave a comment

Trademark and Copyright infringement on marketplaces, social media, and websites is not a minor issue in Indonesia. Despite frequent warnings, illegal content distribution, counterfeit product sales, and unauthorized use remain easy to find. Often, enforcement struggles to keep pace with the growth of infringements—take one down, and many more appear in its place. The good news is that the Indonesian IP Office – Directorate General of Intellectual Property (DGIP) now provides an official mechanism to request the takedown of infringing content, listings, accounts, and even entire websites. This mechanism is expressly regulated under Minister of Law Regulation No. 47 of 2025 on the Handling of Reports of Intellectual Property Infringements in Electronic Systems. This means that Trademark owners, Copyright holders, and other Intellectual Property (IP) rightsholders no longer have to remain passive in the face of digital infringements.   What Is the New Solution Under This Regulation? Under this regulation, IP owners or rightsholders may submit an official report to DJKI for suspected IP infringements occurring on: Marketplaces/e-commerce platforms Websites Digital media operating through electronic systems Including live streaming content If the report is deemed to meet the elements of infringement, DGIP may recommend access termination, which may include: Removal of content (takedown of listings); Account suspension; or Partial or full blocking of a website. This is an official administrative pathway provided by the state, not merely an internal platform mechanism that may be unavailable or inadequately implemented.   Types of Intellectual Property Protected This regulation applies broadly and covers all IP rights protectable in Indonesia, including: Trademarks Copyright and Related Rights Patents Industrial Designs Trade Secrets Layout Designs of Integrated Circuits Geographical Indications Communal Intellectual Property As long as the rights are registered or recorded with DGIP, this mechanism may be used.   Who Is Entitled to Submit a Report? Please note that reports may only be submitted by: Registered/recorded IP rightsholders with DGIP; or IP licensees whose license agreements have been recorded with DGIP. Reports may be submitted directly or through an authorized representative, such as a trusted and reliable IP Consultant.   How to Submit a Takedown Request Prepare the Report Containing the Following Information Identity of the reporter; Type of IP infringement; Website address, platform name, account, or content link being reported; Brief description of the alleged infringement; and Additional information related to the infringing goods/services. Attach Mandatory Supporting Documents Proof of IP ownership (e.g., Trademark certificate, Copyright recordation, etc.); or Proof of recordation of the IP license with DGIP.Without these documents, the report cannot be processed. Administrative Examination by DGIP After the report is received, DJKI will conduct an administrative examination: If the submission is incomplete, the reporter will be given up to 14 business days to complete it. If the deficiencies are not remedied within this period, the report will be deemed withdrawn. Substantive Verification by the DGIP Verification Team If the report passes the administrative stage, DGIP will form a cross-sector Verification Team (involving DGIP, relevant ministries, associations, and/or experts). The team will examine the substance of the alleged infringement and may request information from: Electronic System Operators (ESOs); and/or The reported party.Verification timeline: a maximum of 3 business days from the date the report is recorded. Recommendation for Access Termination If the infringement is confirmed, DGIP will: Issue a recommendation for partial or full site closure or access termination; and Submit the recommendation to the relevant digital authority or directly to the ESO.The recommendation must be delivered within 1 x 24 hours of being signed. Special Provision for Live Streaming Infringements For infringements occurring via live streaming, the verification and recommendation process is expedited to a maximum of 1 x 24 hours.   Can Access Be Restored After a Takedown? Yes, subject to certain conditions, including: Authorization or cooperation from the IP owner/rightsholder; or A settlement agreement resulting from mediation with the reporter. A request for restoration must be submitted to DGIP and will undergo a further review process.   With this newly regulated mechanism, trademark owners, creators, and other IP rightsholders now have an additional, effective option for enforcement, beyond court proceedings and internal marketplace complaints. Importantly, the regulation also provides clear timelines, strengthening the position of rightsholders by offering multiple pathways to stop infringements. That said, document completeness and reporting strategy are critical to achieving a successful outcome. Should you need further information on protecting and enforcing intellectual property in the digital space, including marketplaces and websites, please contact us through the following channels and receive a FREE 15-minute consultation.   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

8 Key Considerations in Conducting a Patent Search in Indonesia - AFFA IPR

8 Key Considerations in Conducting a Patent Search in Indonesia

Patent, Intellectual PropertyLeave a comment

Before an invention is filed to obtain Patent protection in Indonesia, you, as an inventor, must ensure that the technical solution you developed has never been disclosed to the public before. This is where a Patent search plays a critical role. The process is not merely a formality, but an analytical tool to evaluate your invention’s position within the global technological landscape. Unlike a Trademark search that focuses on identity, a Patent search is not simply about checking for similar documents. It is a strategic step to assess whether your invention is truly new and suitable for filing. An ideal Patent search provides early evidence that your invention has the potential to meet Patent requirements at the Directorate General of Intellectual Property (DGIP) or other Patent offices.   What Is a Patent Search and Why Is It Important? A Patent search is the process of searching Patent documents and other relevant publications (prior art) related to your invention, to determine whether the key elements of your invention have been previously disclosed. In Patent law, prior art refers to any information available to the public before the filing date that may affect the assessment of novelty and inventive step of an invention. Without a proper search, an invention that appears new on the surface may have actually been disclosed in other documents. This can lead to rejection of a Patent application, even after a lengthy examination process and significant filing costs.   An Ideal Patent Search Process Below are practical and strategic steps to ensure that a Patent search is truly effective: Define the Objective of the Search Determine what you want to find out: Novelty Search → whether the invention is truly new Freedom-to-Operate (FTO) → risk of infringing other Patents Landscape Search → mapping relevant technologies Each objective requires a different search strategy. Break the Invention into Key Technical Elements Identify the core technical features that make your invention unique. Break them down into technical terms that will be used as search keywords. Use a Combination of Keywords and Classifications Combine: Boolean operators (AND, OR, NOT) Technical synonyms Patent classification codes (IPC / CPC) Classification-based searching helps identify relevant documents that may not appear through keyword searches alone. Search Official Patent Databases Use major Patent databases such as: World Intellectual Property Organization (WIPO) PATENTSCOPE European Patent Office (Espacenet) United States Patent & Trademark Office (USPTO) Public Search Indonesian Intellectual Property Database (PDKI DGIP) These sources provide more reliable technical and novelty information than general search engines such as Google Patents. Broaden the Scope of Prior Art Do not limit your search to Patent documents. Also, review non-Patent literature such as scientific journals, conference proceedings, and technical articles that may qualify as prior art. Analyze Claims, Not Just Titles or Drawings The most important part of a Patent document is the claims, as they define the scope of protection. Two documents with different titles may still have very similar claim scopes. Record and Document References All relevant references should be documented in detail (publication number, date, technical summary). This information forms the basis for evaluation and for drafting the Patent application. Evaluate Results Systematically Search results should be analyzed using a structured method: Are there Patents that are closely related? Which technical elements have already been disclosed? How significant is the technical overlap? Measured analysis helps determine whether the invention has novelty or needs refinement before filing.   Common Mistakes in Patent Searches Using keywords that are too narrow or too broad Searching only one database Failing to check legal status (e.g., expired or rejected Patents) Ignoring non-Patent publications These mistakes can lead to misleading or incomplete search results. Ideally, an effective Patent search is a combination of: Clear objectives Measured search strategies Proper database selection Accurate technical analysis Although a search can be conducted independently, its complexity often requires technical and legal expertise. A well-executed Patent search strengthens the quality of your Patent application documents and reduces the risk of rejection during examination at the DGIP or other Patent offices worldwide.   Should you need further information regarding Patent search processes domestically or internationally, contact us through the following channels and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Patent vs. Utility Model – What’s the Difference in Indonesia? - AFFA IPR

Patent vs. Utility Model – What’s the Difference in Indonesia?

Patent, Intellectual PropertyLeave a comment

In the innovation-driven business landscape, many business players assume that all technological inventions can be protected in the same way — “just patent it!” In reality, Indonesia’s Intellectual Property legal system distinguishes invention protection into two main regimes: Patents and Utility Models (commonly referred to in Indonesia as Paten Sederhana). Understanding the difference is not merely a matter of terminology; it involves technology protection strategy, cost, processing time, and the legal strength obtained.   For business owners, inventors, startups, and manufacturing companies in particular, choosing the appropriate type of protection can determine how effectively your innovation is safeguarded against competitors or other unauthorized parties.   Main Difference: Inventive Step The most fundamental distinction between a Patent and a Utility Model lies in the presence of an inventive step. An inventive step means that the invention: Is not obvious or easily predictable; and Contains a technical element that is unexpected, even for a person skilled in the relevant technical field. Specifically, a Patent is granted for a new invention that involves an inventive step and is industrially applicable. This means the technology represents a genuine technical breakthrough, not merely a minor modification. Common examples of Patents: A machine system with a new mechanism that significantly improves efficiency A production method using a technical approach that has never existed before Meanwhile, a Utility Model is granted for a new invention that constitutes a development or improvement of an existing product or process and is industrially applicable. The focus here is on refinement or practical improvement, rather than a major technical breakthrough. Common examples of Utility Models: Improving a tool’s structure to make it stronger or more ergonomic Modifying a mechanical design to simplify assembly   Comparison Table: Patent vs. Utility Model Aspect Patent Utility Model Level of Innovation Must involve an inventive step Development of existing technology is sufficient Technological Complexity Generally higher Usually simpler Strength of Technical Element Technical breakthrough Technical refinement   Differences in the Registration Process Below is an overview of the process and estimated timeframe for registering Patents and Utility Models in Indonesia: Stage Patent Utility Model 1. Application (Formal Examination) 0–6 months 0–28 days 2. Waiting Period* 6–18 months 14 days 3. Publication 6 months 14 days 4. Substantive Examination Max. 30 months Max. 6 months 5. Certificate Issuance 3–6 months 3–6 months *) What is the Waiting Period? The waiting period is the time allowed to make changes or corrections before the application is published to the public. An application may fail at the formal examination stage due to errors such as: Inconsistent invention titles between the description, abstract, and assignment documents. Description format not complying with required standards. Not all inventors signing the ownership documents. Substantive examination fees not being paid on time. If these issues are not corrected, the application will be deemed withdrawn.   Difference in Protection Term Another crucial difference between a Patent and a Utility Model lies in the duration of protection. A Patent is protected for 20 years from the filing date, whereas a Utility Model is protected for only 10 years. However, both are subject to annual maintenance fees, and neither can be extended once the protection term expires.   Which One Is More Suitable for Your Business? You may choose a Patent if: Your technology is truly new and complex It has long-term strategic value You seek maximum legal protection On the other hand, a Utility Model may be the right option if: Your invention is an improvement of an existing product You prefer a faster protection process You focus on practical market protection   Should you need further information regarding the differences between Patents and their protection in Indonesia and other jurisdictions, contact us through the following channels and receive a FREE 15-minute consultation.   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.