Extension of Time to Complete Patent Application Formality Documents - AFFA IPR

Extension of Time to Complete Patent Application Formality Documents

Patent, Intellectual Property

Indonesia’s Patent regulation has undergone significant changes following the enactment of Law No. 65 Year 2024, which amends Law No. 13 Year 2016 on Patents. One of the key amendments is the extension of time to complete the formalities in a Patent application.   Previous Regulation (Law No. 13 Year 2016) Under the previous version of Article 35: Applicants who received a notification to complete formal requirements had 3 months from the date of notification to comply. If needed, applicants could request two extensions: First extension: Up to 2 months. Second extension: Up to 1 additional month, subject to a fee.   However, the second extension (one month with a fee) was rarely utilized in practice. Many applicants who requested extensions still failed to complete the requirements, resulting in their applications being considered withdrawn.   Current Regulation (Law No. 65 Year 2024) The amended Article 35 introduces more stringent provisions: Applicants still have 3 months to complete formal requirements after receiving notification. Only one extension of up to 2 months is now permitted. Additional extension beyond the two months is only possible under emergency circumstances and requires strong supporting evidence.   Key Takeaways: The second extension option (1 month with a fee) has been repealed. The new law limits the extension to a one-time request, making compliance more challenging but streamlining the overall process.   Practical Steps for Applicants To meet the formality requirements within the given timeframe, applicants are advised to prepare the following key documents promptly: Power of Attorney (PoA) Statement of Assignment or Deed of Assignment   Failing to submit these documents within the prescribed period, including the extension, will result in the Patent application being considered withdrawn.   Comparison Table   Aspect Before Amendment (Law No. 13/2016) After Amendment (Law No. 65/2024) Initial Period to Complete Requirements 3 months from the date of the Minister’s notification 3 months from the date of the Minister’s notification First Extension Up to 2 months Up to 2 months Second Extension Additional 1 month, subject to fee Abolished Additional Extension in Emergency Cases Not explicitly regulated Allowed only in emergencies, up to 6 months, with strong supporting evidence Total Possible Duration 3 months + 2 months + 1 month (total 6 months), with the possibility of paying the fee for the final month 3 months + 2 months (total 5 months), emergency extension possible up to 6 months, but requires justification Ease for Applicants More lenient with more extension options Stricter, only one regular extension allowed Impact on Examination Timeframe Potentially longer due to multiple extensions Shorter, as fewer extensions are permitted   The recent amendment emphasizes the importance of timely compliance. Applicants are now only allowed one extension of two months, with no further routine extensions available. While this makes the process more demanding, it significantly shortens the formality examination period, enhancing efficiency in Indonesia’s Patent system. Applicants must prepare their formal documents meticulously and avoid delays to ensure the smooth processing of their applications.   You might also want to read: Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia Should you need more information regarding the extension of time to complete Patent application formality documents in Indonesia, feel free to contact us via email at [email protected].

Patent Implementation in Indonesia: What happens if you don't use your Patent? - AFFA IPR

Patent Implementation in Indonesia and Its Consequences if the Patent is Not Used According to the Latest Patent Law

Patent, Intellectual Property1 Comment

A registered Patent not only grants the Exclusive Right to its owner to prohibit others from using the invention but also imposes an additional obligation to implement the Patent. This obligation is regulated under Law Number 13 of 2016 concerning Patents, as well as Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016, which has been in effect since October 28, 2024.   How is the obligation to implement a Patent regulated, and what are the legal consequences if a Patent is not used under the latest Patent Law? Here’s the summary!   Previously—and still applicable—Article 20 of the Patent Law has regulated the obligation to implement Patents in Indonesia as follows:   Product Patent: Obligated to manufacture, import, or license the product. Process Patent: Obligated to manufacture, license, or import the product resulting from the patented process. Method, System, & Use Patents: Obligated to manufacture, import, or license the product resulting from the method, system, or use.   Obligation to Implement Patents in Indonesia In this third amendment, Article 20A has been added to the Patent Law, stipulating that every Patent holder is required to submit a declaration of Patent use in Indonesia and report it to the Minister through Directorate General Intellectual Property (DGIP) at the end of each year, accompanied by proof of implementation. The implementation of the Patent may be carried out either by the Patent holder or by a third party under license from the Patent holder. The objective of this provision is to encourage technology transfer, investment, job creation, and tangible economic growth for Indonesia.   Forms of Patent implementation may include: Manufacturing goods or utilizing processes protected by the Patent in Indonesia. Transferring technology to third parties in Indonesia. Collaborating in manufacturing with local companies.   Consequences of Non-Implementation of Patents In this latest amendment, provisions regarding consequences such as compulsory licensing or Patent revocation, which were previously regulated under Articles 82 and 130 of the Patent Law, have been removed.   Instead, the annual reporting obligation as stipulated in Article 20A serves as an instrument for the government to monitor Patent utilization in Indonesia.   Although administrative sanctions for non-compliance with the reporting obligation are not explicitly regulated yet, this obligation opens the possibility for the government to issue further implementing regulations or administrative policies in the future.   Acceptable Reasons for Delayed Implementation Previously, the Patent Law allowed Patent holders to provide legitimate reasons for not yet implementing their Patent, such as:   Force majeure circumstances. Regulatory or licensing obstacles to production. Production still in preparation stages.   In the amended Patent Law, although these reasons are no longer explicitly listed, Patent holders may still include such reasons in their annual reports as part of the explanation or justification in cases where implementation has not been optimal.   You might also want to read: 5 Stages of Patent Registration Process in Indonesia Should you need further information regarding the Patent implementation in Indonesia and Its consequences if the Patent is not used, feel free to contact us at [email protected].

Calendar Days vs Working Days: Understanding Trademark Refusal Deadlines in Indonesia - AFFA IPR

Calendar Days vs Working Days: Understanding Trademark Refusal Deadlines in Indonesia

Intellectual Property, Trademark

Under Article 1 Point 22 of the Indonesian Trademark Law, the term “days” mentioned in this law refers to working days, not calendar days. However, this information can sometimes become unclear when conveyed as brief notices to IP owners or their representatives abroad. This misunderstanding often leads to incorrect expectations about the speed of application processing or even delays in document preparation, resulting in unnecessary losses.   How to Differentiate Calendar Days from Working Days?   For example, Article 24 of the Trademark Law states, “Within a maximum period of 30 (thirty) days from the date of sending the notification letter regarding an application that cannot be registered or has been rejected, the applicant or their representative may submit a written response stating their reasons,” the 30-day period here does not mean one month. Instead, it could extend to 1.5 months.   Here’s the calculation: 30 days = 30 working days Working days = Monday – Tuesday – Wednesday – Thursday – Friday (5 days per week) Thus, 30 working days = 6 weeks (30 ÷ 5) If converted into total days, it becomes 6 × 7 = 42 days Or approximately 8 weeks = 1.5 months (42 ÷ 5).   However, the exact duration will depend on whether the period includes February or months with only 30 days. It is also necessary to consider whether the period consists of public or national holidays.   What About Trademark Application Refusals Filed Through the Madrid Protocol? Example of a Trademark Refusal Notification Sent by WIPO for an Application Filed Through the Madrid Protocol   If your Trademark is filed through the Madrid Protocol, designating Indonesia as one of the target countries, and it gets refused, the World Intellectual Property Organization (WIPO) will send a complete notification, specifying: The date on which the time limit to reply begins The time limit to reply The final deadline to respond   However, the information provided by WIPO is not entirely accurate because it calculates 30 calendar days instead of 30 working days as stipulated by the Indonesian Trademark Law. This means that the deadline stated in the sample letter—February 12, 2025—is incorrect. The actual deadline should be February 21, 2025. There is a discrepancy of nine calendar days between the date stated in WIPO’s notification and the actual deadline.   Calculating deadlines based on working days may seem beneficial as it provides a longer timeframe. However, if you are looking for a faster resolution, you must be prepared for a longer waiting period, especially if there are additional public holidays not reflected in international calendars.   EXCEPT when the regulation specifies a time limit in months. For example, the period for applicants or their representatives to file an objection against an Official Trademark Gazette Announcement. According to Article 17 of the Trademark Law, it states:   “An objection shall be submitted in writing within a maximum period of 2 (two) months from the date of sending the copy of the objection received.”   In this case, you should interpret it as two full months in calendar days. Thus, your deadline is strictly 2 × 30 days, not 2 × 45 days.   To avoid such confusion, you should contact a trusted Trademark Consultant in Indonesia. With its integrated system, you will always be informed about the latest status of your Trademark. By understanding these deadlines, you can better plan and prepare the necessary budget and documents.   You might also want to read: Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection Should you need more information regarding the trademark registration and protection process in Indonesia or globally, feel free to contact us via email: [email protected].

Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia - AFFA IPR

Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia

Patent, Intellectual Property1 Comment

Document completeness and compliance with regulations are crucial in the Patent registration process. If there are deficiencies in the documents or if certain requirements are not met, the Patent application may be considered withdrawn by the Directorate General of Intellectual Property (DGIP) in Indonesia. So, what steps should the applicant take next?   When a Patent application is considered withdrawn, the applicant will receive a “Notification of Patent Deemed Withdrawn” from DGIP, meaning that the application will not proceed further.   However, if the applicant wishes to continue the examination process, the applicant must immediately submit a “Request for Further Examination.” This request must be filed within a maximum of six (6) months from the issuance date of the Notification of Considered Withdrawal.    Additionally, the applicant must pay an additional fee of 50% of the application fee to submit the Request for Further Examination. After submission, the applicant will need to wait for a response from DGIP’s Formality Section, which will review the application and decide whether the Patent examination process can proceed.   Therefore, if you face challenges in completing the required documents or drafting a proper Patent application, it is highly recommended to consult with a trusted Patent Consultant to navigate this issue effectively. Otherwise, the applicant risks losing Patent rights and suffering financial losses, as the initial registration fees that have been paid will not be refunded (forfeited).   You might also want to read: 5 Stages of Patent Registration Process in Indonesia Should you need more information about Patent applications in Indonesia or globally, feel free to contact us at [email protected].

6 Key Principles of Patent Protection in Indonesia - AFFA IPR

6 Key Principles of Patent Protection in Indonesia

Patent, Intellectual Property1 Comment

Through Law Number 65 of 2024 on Patents, the Indonesian Government has revised the definition of “invention” to mean an inventor’s idea manifested in solving a specific problem in the field of technology, which can take the form of a product or process, or the improvement and development of an existing product or process.   Meanwhile, a Patent is an exclusive right granted by the state to an inventor for an invention that meets the criteria of patentability, namely novelty (new), inventive step, and industrial applicability. For Utility Models, the requirements include at least novelty, incremental improvements to existing products or processes, practical utility, and industrial applicability.   If you are an inventor, a Patent will protect your invention by granting you legal rights, enabling you to enjoy the economic benefits of your invention.   However, six key principles form the foundation of Patent protection and are crucial for safeguarding technological innovations and inventions. These principles are:   First-to-File: This principle states that the first party to file a Patent application is granted Patent rights, not the first to invent or use it. Therefore, Patent owners must file their applications as soon as possible. Patent Information: Every Patent application must include complete information about the invention, such as descriptions, claims, and drawings illustrating how the invention works. This information will be published once the application is approved, allowing the public to refer to it and encouraging further technological advancements. Protection Is Granted Only by Application: Patents are only granted if the inventor or an authorized party submits an official application. Without an application, Patent rights will not be awarded, even if the invention meets patentability requirements. Obligation to Pay Annual Fees: After a Patent is granted, the Patent holder must pay annual fees to maintain the Patent rights. Failure to pay these fees can result in the cancellation of the Patent, making the invention part of the public domain. Universal Substantive Examination: Every Patent application undergoes a substantive examination to ensure the invention meets the requirements of novelty, inventive step, and industrial applicability. This process ensures that only truly innovative inventions are granted Patent protection. Territorial Protection: Patent rights are territorial, meaning protection is only valid in the country or region where the Patent is registered and approved. To secure protection in other countries, the inventor must file separate Patent applications in those countries.   By understanding these six principles, innovators and industry players can take the necessary steps to legally protect their inventions and maximize their economic potential.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

The Walmart Wirkin VS Hermes Birkin Controversy: A Case Study in Intellectual Property Awareness - AFFA IPR

The Walmart Wirkin VS Hermès Birkin Controversy: A Case Study in Intellectual Property Awareness

Intellectual Property, TrademarkLeave a comment

The viral phenomenon surrounding Walmart’s “Wirkin” bag, which bears a striking resemblance to the iconic Hermès Birkin, has captivated social media and sparked discussions on fashion ethics, consumer behavior, and, of course, Intellectual Property. This controversy highlights the complexities of balancing accessible fashion with protecting luxury brand exclusivity. Here’s everything you need to know.   In December 2024, a USD 78 handbag sold on Walmart’s marketplace became an overnight sensation on platforms like TikTok. Dubbed the “Wirkin” by users, the bag mimics the design of the legendary Hermès Birkin, which starts at around USD 10,000. The Wirkin’s affordability and resemblance to a luxury product spurred millions of views in unboxing videos and drew widespread attention.   Ethical and Legal Implications   Supporters argue that the Wirkin democratizes luxury, making high-end aesthetics attainable for everyday consumers. Critics counter that such “dupes” undermine the craftsmanship, exclusivity, and Intellectual Property of brands like Hermès.   From a legal perspective, Hermès could potentially claim a Trademark, specifically Trade Dress infringement, as Wirkin’s design closely imitates the recognizable elements of the Birkin. Trade Dress protects the visual appearance of a product that signifies its source to consumers. However, Walmart might defend the Wirkin by emphasizing its lack of Hermès branding and the significant price gap, arguing that consumer confusion is unlikely.   Walmart’s Response   Amid mounting scrutiny, in mid-January 2025, Walmart removed the Wirkin from its marketplace and issued a generic statement: “In some instances, products may no longer be available. We invite customers to continue exploring our expansive selection and uncover new alternatives.” This move was likely intended to minimize legal risks and preserve brand relationships.   Key Differences Between the Wirkin and Birkin   The table below highlights the critical differences between the two bags, helping consumers distinguish between them:   Feature “Wirkin” Birkin Price ~USD 78 Starts at ~USD 10,000 Logo No branding “Hermès Paris” logo under the flap Material Synthetic or imitation leather High-quality genuine leather or exotic skins Size Options Standard, typically smaller Multiple sizes (25cm, 30cm, 35cm, 40cm) Craftsmanship Mass-produced stitching Handcrafted using saddle stitching Packaging No luxury packaging Comes with Hermès orange box and dust bag Sales Platform Walmart’s e-commerce platform Exclusive to Hermès boutiques Distribution Mass-market availability Strictly controlled, often with a waitlist   From the Wirkin-Birkin case, we gain yet another insight that pricing remains a recurring source of Intellectual Property infringement. Affordable versions of well-known, especially luxury, products continue to attract significant market interest, often without regard for authenticity. However, if you are a Trademark owner, there is no need to worry, as having a registered Trademark establishes you as the rightful owner and grants you the legal authority to take action against counterfeit products. If necessary, you can further strengthen your position by registering your product design as an Industrial Design, ensuring that the aesthetic aspects of your product are also protected.   Moreover, if you are a retailer, it is crucial to understand the intricacies of Trademark law to safeguard your business reputation and avoid misleading virality, which could ultimately jeopardize your business’s sustainability. Should you need more information about Trademark protection in Indonesia or globally, feel free to contact us via email at [email protected].

Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection - AFFA IPR

Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection

Intellectual Property, Trademark1 Comment

As of January 2025, Indonesia has officially joined BRICS as a full member, marking a significant milestone in its economic journey. This move is expected to enhance trade and investment among member nations, creating exciting opportunities for businesses looking to expand into the region.   BRICS, initially spearheaded by Russia, now includes Brazil, India, China, South Africa, Egypt, Ethiopia, Iran, and the United Arab Emirates. Together, these nations represent a powerful economic bloc, accounting for a substantial portion of global GDP and population. BRICS aims to strengthen the economies of its members, increase their global influence, and provide a counterbalance to Western-dominated economic institutions.   Indonesia’s entry into BRICS comes with a strong foundation. It already has robust trade relations with its fellow BRICS members, offering a dynamic market ripe for exploration. With its strategic location, abundant resources, and growing consumer market, Indonesia is poised to become a hub for international businesses.   This is the perfect time for foreign investors to tap into Indonesia’s vast potential. By registering your Trademark and establishing your business presence in Indonesia, you can gain a competitive edge in one of Southeast Asia’s most promising markets, now further amplified by its BRICS membership.   Indonesia’s Economic Potential in BRICS Countries Russia:  Main Exports to Indonesia: Wheat, fertilizers, and iron & steel products. Number of Registered Trademarks in Indonesia: 47 Most Class Category: 41 – Education; providing of training; entertainment; sporting and cultural activities. (7) 5 – Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. (5) 35 – Advertising; business management; business administration; office functions. (5) 44 – Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. (5) Brazil Main Exports to Indonesia: Raw sugar, soybeans, and beef. Number of Registered Trademarks in Indonesia: 55 Most Class Category: 1 – Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. (16) 35 – Advertising; business management; business administration; office functions. (14) 29 – Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. (13) India Main Exports to Indonesia: Organic chemicals, pharmaceutical products, and cotton. Number of Registered Trademarks in Indonesia: 2,308 Most Class Category: 5 – Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. (404) 12 – Vehicles; apparatus for locomotion by land, air or water. (317) 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. (229) 35 – Advertising; business management; business administration; office functions. (205) China Main Exports to Indonesia: Electronics, machinery, and textiles. Number of Registered Trademarks in Indonesia: 44,992 Most Class Category: 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. (8,044) 7 – Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. (3,439) 35 – Advertising; business management; business administration; office functions. (3,060) South Africa Main Exports to Indonesia: Coal, iron, and steel. Number of Registered Trademarks in Indonesia: 227 Most Class Category: 13 – Firearms; ammunition and projectiles; explosives; fireworks. (58) 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. (50) 42 – Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. (31) Egypt Main Exports to Indonesia: Cotton, dates, and other agricultural products. Number of Registered Trademarks in Indonesia: 80 Most Class Category: 35 – Advertising; business management; business administration; office functions. (21) 34 – Tobacco; smokers’ articles; matches. (20) 30 – Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. (14) 41 – Education; providing of training; entertainment; sporting and cultural activities. (14) 42 – Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. (13) Ethiopia Main Exports to Indonesia: Coffee, oilseeds, and raw hides. Number of Registered Trademarks in Indonesia: N/A Most Class Category: N/A Iran Main Exports to Indonesia: Crude oil, petrochemical products, and nuts. Number of Registered Trademarks in Indonesia: 135 Most Class Category:  30 – Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. (36) 29 – Meat, fish, poultry and game; meat…

Amended Definition of Patent under the Revised Indonesian Patent Law - AFFA IPR

Amended Definition of Patent under the Revised Indonesian Patent Law

Patent, Intellectual Property

The landscape of Intellectual Property in Indonesia continues to evolve, reflecting the dynamic nature of technology and innovation. One of the most significant updates in Law No. 65 of 2024, which is the third amendment to Law No. 13 of 2016 on Patents, lies in the revised definition of “Invention.”   The Old Definition Under Law No. 13 of 2016, Article 1(2) defined an invention as: “An idea of an inventor embodied into a specific problem-solving activity in the field of technology in the form of product or process, or refining and developing product or process.”   While this definition provided a foundation for Patent protection, it was deemed limited in addressing the broader advancements in technology and innovation across various industries.   The New Definition With the enactment of Law No. 65 of 2024, Article 1(2) now defines an invention as: “An idea of an inventor embodied into a specific problem-solving activity in the field of technology in the form of product and/or process, refinement, and/or development of a product and/or process, as well as systems, methods, and uses.”   Key Changes and Implications   Broader Scope: The inclusion of “systems, methods, and uses” significantly broadens the scope of what can be patented. This change acknowledges the importance of protecting technological advancements that may not fit neatly into the previous categories of “product or process.” Clarity and Flexibility: By adding “and/or” between product, process, refinement, and development, the law ensures greater flexibility in interpretation, making it more inclusive for different types of innovations. Alignment with Global Standards: The new definition aligns more closely with international Patent laws, making Indonesia a more attractive jurisdiction for inventors and businesses seeking to protect their Intellectual Property globally.   Why the Change Matters   This amendment reflects Indonesia’s commitment to adapting its Intellectual Property framework to keep pace with the rapid evolution of technology. From AI-driven systems to innovative methods in healthcare, the revised definition ensures that inventors in Indonesia have a robust legal foundation to protect and commercialize their ideas.   The revision is not only a response to domestic technological advancements but also a move to foster innovation and competitiveness in the international market. By expanding the definition, Indonesia signals its readiness to embrace emerging industries and future innovations.   For a deeper dive into the broader implications of the revised Patent Law, read our comprehensive guide: The Ultimate Guide to the Amendment of the Indonesian Patent Law. Should you need to know how this new definition impacts your business or invention, feel free to contact us at [email protected].

Indonesian IP Office Declares 2025 the Year of Copyright and Industrial Design - What Are the Benefits? - AFFA IPR

Indonesian IP Office Declares 2025 the Year of Copyright and Industrial Design – What Are the Benefits?

Intellectual Property

The Indonesian IP Office (DGIP) has reaffirmed its commitment to supporting the protection and development of Intellectual Property (IP) in Indonesia. 2025 has been declared the Year of Copyright and Industrial Design, marking a new strategic initiative to strengthen Indonesia’s IP ecosystem. This policy not only aims to raise awareness of the importance of Copyrights and Industrial Designs but also to create a more conducive environment for businesses and investors, both domestic and international.   This declaration is based on several initiatives and policies implemented by DGIP over recent years. After the 2024 Year of Geographical Indications, DGIP recorded a significant increase in IP applications, demonstrating heightened public awareness of the importance of IP protection. With the declaration of the Year of Copyright and Industrial Design, DGIP aims to continue this positive trend, particularly by increasing the registration of Copyrights and Industrial Designs.   DGIP has set ambitious targets, with the Director General of Intellectual Property aiming for increased Non-Tax State Revenue (PNBP) for 2026: IDR 28,156,750,000 from Copyrights, IDR 354,753,680,000 from Trademarks, and IDR 529,167,083,000 from Patents and Trade Secrets.   DGIP’s Achievements in 2024 As a foundation for 2025, DGIP achieved several milestones during 2024:   Increase in Intellectual Property Applications DGIP recorded a significant increase in IP applications, including Copyrights, Industrial Designs, and Geographical Indications. In 2024, more than 15,000 Copyright applications were recorded, a 20% increase compared to the previous year. DGIP also received approximately 5,000 Industrial Design applications, reflecting a 15% growth. Furthermore, 50 new Geographical Indication applications were filed, indicating rising public awareness of protecting local wealth-based products. Launch of the 2025-2029 National Geographical Indications Roadmap This strategy aims to strengthen the management and preservation of Geographical Indication-based products, providing direct economic benefits to local communities. Enhanced Services and Transparency Through various initiatives, including the 2024 IP Program Financial Coordination Meeting, DGIP improved service efficiency, especially by expediting IP registration processes to enhance user experience. International Collaboration DGIP successfully established partnerships with international organizations to strengthen IP protection in Indonesia. These collaborations included training, capacity-building for human resources, and promoting Indonesian IP products in global markets. Key IP-Based Regional Programs This initiative encourages the development of IP-based regions to support sustainable economies, enhancing the competitiveness of local products in international markets. These programs range from the Development of Geographical Indications-Based Local Products, Creative Economy Zones Based on IP, to IP-Based SME Assistance.   Strategic Policies Supporting the Year of Copyright and Industrial Design To ensure the success of this initiative, DGIP has formulated several strategic policies and measures:   Updating the 2024-2029 Strategic Plan During the Strategic Plan Update meeting in Bogor in December 2024, DGIP designed data-driven programs to anticipate future needs and challenges. This step ensures that policies related to Copyrights and Industrial Designs align with global dynamics. Strengthening Services and Financial Management Through the 2024 IP Program Financial Coordination Meeting, DGIP focused on improving services and the potential for Non-Tax State Revenue (PNBP). Efficient financial management has become a priority to support optimal operations, particularly in expediting the registration and protection of Copyrights and Industrial Designs. IP-Based Regional Programs DGIP launched flagship programs that utilize IP-based regions to support sustainable economies. This approach aims to enhance the competitiveness of local products with IP value in global markets, providing direct economic benefits to communities and businesses. 2025-2029 National Geographical Indications Roadmap While focusing on Geographical Indications, this roadmap serves as an example of how DGIP designs comprehensive strategies for IP management. Similar approaches are expected to be applied to Copyrights and Industrial Designs, emphasizing preservation and innovation.   Positive Impacts for Businesses and Investors Through these policies, DGIP not only strengthens Indonesia’s IP ecosystem but also sends positive signals to international businesses and investors. These conducive conditions include:   Faster Services: Improved speed and transparency in IP recordation, registration, and protection processes.   Legal Certainty: Structured policies provide better protection for rights holders.   Global Competitiveness: Strengthened IP-based regions allow local products to compete more effectively in international markets.   You might also want to read: Fighting IP Crimes: Indonesia’s IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods!   Despite the many initiatives launched, challenges remain, such as low public awareness of the importance of IP protection and the need for adequate infrastructure. However, with DGIP’s commitment, 2025 is expected to be a monumental year for strengthening Copyright and Industrial Design protection in Indonesia.   The declaration of the 2025 Year of Copyright and Industrial Design is DGIP’s tangible step in solidifying Indonesia’s position as a country that supports Intellectual Property protection. This policy aims to raise awareness of the importance of Copyrights and Industrial Designs and create a more conducive environment for businesses and investors, both domestic and international. Should you need more information on Copyright and Industrial Design protection in Indonesia, please contact us at [email protected].

Fighting IP Crimes: Indonesia's IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods! - AFFA IPR

Fighting IP Crimes: Indonesia’s IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods!

Event, Intellectual Property, Trademark, Industrial Design1 Comment

The Indonesian Intellectual Property (IP) Task Force, a cross-ministerial special task force of the Republic of Indonesia, consists of the Directorate General of Intellectual Property (DGIP), the Directorate General of Customs and Excise (DGCE), the National Agency of Drug and Food Control (BPOM), the Ministry of Communication and Digital (Komdigi), the Criminal Investigation Department (Bareskrim) of the National Police, and the National Cyber and Crypto Agency (BSSN). On December 12, 2024, the task force symbolically destroyed a number of products associated with violations of 12 Trademarks and Industrial Designs.   During a press conference, the Director General of Intellectual Property, Razilu, stated: “This destruction serves as a strong message from the DGIP that there is no room for Intellectual Property violations in Indonesia.”   At least three key messages were conveyed through the destruction of these products: Deterrence: To provide a deterrent effect on offenders, ensuring they refrain from committing further violations. Both civil and criminal legal actions can be enforced against them. Creator and Owner Protection: To assure creators and IP owners that their works are protected, fostering an environment where they can continue innovating. Public Awareness: To urge the public never to buy counterfeit or fake goods at low prices, as these products can adversely affect health, employment, and the environment.   The destroyed products, valued at IDR 5.35 billion, included the following: LEGO (toys): Worth over IDR 1 billion, from 110 items. Comotomo (baby bottles): Worth over IDR 500 million, from 888 items. Mimi White (hand and body lotion): 216 items. MT NG Shan (drill bits): 2,000 pieces. Louis Vuitton (women’s bags, wallets, and belts): 10 items. Christian Louboutin (women’s shoes): 2 pairs. Tokai (lighters): 5 boxes. Orion Choco Pie (snack/biscuits): 50 boxes. Honda (spare parts): 30 boxes. Honda (generators): 30 units. Harley Davidson (apparel accessories, umbrellas, and wallets): 600 items. Food Packaging (Industrial Design): 30 boxes.   It is important to note that the products classified as IP violations are not limited to counterfeit goods but also include goods illegally entering the Indonesian market. Under the law, smuggled goods that bypass official channels, fail to adhere to applicable import procedures, and are subject to objections by the official license holders of the relevant trademarks are subject to enforcement actions.   Given the complex and extensive scope of IP  violations, cross-sector enforcement is required. The specific roles of the involved institutions are as follows: DGIP: Monitoring, supervision, preventive measures, mitigation strategies, and enforcement of IP laws. DGCE: Addressing the importation of goods suspected of infringing IP rights. BPOM: Managing the distribution of food and pharmaceutical products that are suspected of infringing IP rights and endangering public health and the environment. Komdigi: Handling complaints and requests for blocking websites related to goods and/or services deemed to violate IP rights. Bareskrim Polri: Coordinating communication and collaboration for law enforcement from the central office to its units across Indonesia. BSSN: Monitoring IP violations in cyberspace and assisting in handling IP infringements that occur in the digital realm.   You might also want to read: Unraveling the Global Complexity of IP Crime: Money Laundering and More!   Each year, the average number of reports on IP violations is around 50 cases, with the majority involving Trademark, Industrial Design, and Copyright infringements. The active role of Komdigi has also significantly contributed to blocking 414 websites infringing Copyrights based on 16 requests. However, considering that the IDR 5 billion in damages mentioned earlier came from only 12 cases, this can be seen as just the beginning or the tip of the iceberg in the enforcement of IP laws in Indonesia.   Therefore, the participation of the five key components of the nation—Government, Academics, Private Sector, Society, and Media—is expected to continue supporting efforts to create a better Intellectual Property climate in Indonesia.   With increasing public awareness of the importance of Intellectual Property, there will also be positive impacts on the national economy and Indonesia’s investment climate in the global arena.   Should you need more information regarding Trademark protection and other Intellectual Property matters in Indonesia and abroad, feel free to contact us via email at [email protected].