Not Just Batik: Why Industrial Design is the Hidden Gem of IP in Indonesia - AFFA IPR

Not Just Batik: Why Industrial Design is the Hidden Gem of IP in Indonesia

Intellectual Property, Industrial Design

When people think about Intellectual Property (IP) in Indonesia, their minds often go straight to Batik—a traditional cultural expression protected under Copyright. But beyond the cultural spotlight lies a vastly underappreciated and highly strategic asset in IP: Industrial Design.   Despite its growing importance, Industrial Design protection in Indonesia remains largely overlooked by creators, businesses, and even international investors. That’s a major missed opportunity, especially considering Indonesia’s growing importance in global trade and IP.   Industrial Design: More Than Just Aesthetic Appeal   An Industrial Design protects the visual appearance of a product—its shape, pattern, lines, contours, colors, or any combination thereof. It’s not about functionality, but about form. If you’ve created a distinctive bottle shape, a shoe silhouette, a furniture design, or unique packaging, it may qualify for protection under Industrial Design law.   In today’s consumer-driven world, where visual differentiation drives value, protecting these design elements is crucial.   The Untold Fact: Indonesia Is Quietly Active   Indonesia is not a passive player in industrial design. Since 2017, the country has consistently recorded over 2,000 industrial design applications annually, reflecting a healthy and growing awareness of design protection.   In fact, by 2022, filings reached a record high of 3,533 applications, indicating rising activity from both domestic and foreign applicants. This trend highlights how businesses are starting to treat design not just as an aesthetic enhancement, but as a strategic asset worth securing in Indonesia.   Foreign filings have also increased steadily, signaling that Indonesia is gaining global recognition not only as a major consumer market but also as a jurisdiction with valuable IP infrastructure.   Why Indonesia Attracts Design Filings   One reason behind the steady interest in Indonesia’s Industrial Design system is its clear and straightforward protection regime. An industrial design in Indonesia is protected for a fixed term of 10 years from the filing date, without the need for renewals. While this duration is standard compared to many jurisdictions, it offers legal certainty for businesses during a product’s most commercially active years.   Combined with Indonesia’s growing consumer market and increasing awareness of IP enforcement, this makes the country an attractive destination for securing design rights, especially for fast-moving consumer goods, packaging, and lifestyle products.   When Copyright Is Not Enough   Creators in Indonesia often wonder whether their work should be protected under Copyright or Industrial Design. The distinction can be subtle but important.   Take Batik motifs used in modern fashion products as an example. While the motif itself may be protected by Copyright, if it’s applied to mass-produced products and serves a commercial, aesthetic function, Industrial Design registration might provide stronger and more enforceable protection.   The same applies to everyday consumer items: phone cases, kitchenware, footwear, automotive parts, or cosmetic packaging—if it looks unique, it should be protected.   Securing Design in Southeast Asia’s Largest Market   With over 270 million people, Indonesia is Southeast Asia’s largest consumer market. Any successful product design that hits the market is bound to be imitated. Without proper protection, you risk losing your product’s most valuable differentiator—its visual identity.   Registering your Industrial Design gives you exclusive rights to prevent others from using, selling, or reproducing the same or similar designs. It also provides a solid legal foundation for enforcement in case of infringement.   If you’re expanding into Southeast Asia and want to secure your product’s visual identity in one of its most dynamic markets, Industrial Design protection in Indonesia is a smart first step.   Book a free 15-minute call with a registered Industrial Design consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Discover 6 Intellectual Property Potentials in Padel - AFFA IPR

Discover 6 Intellectual Property Potentials in Padel

Patent, Intellectual Property, Trademark, Copyright, Industrial Design

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

2025 Resolution: Wealth Through IP - Make It Happen! - AFFA IPR

2025 Resolution: Wealth through IP – Make It Happen!

Intellectual Property

As we enter a new year, many of us aim for ambitious resolutions, including achieving financial success. One often-overlooked but highly effective way to achieve this is through Intellectual Property (IP) ownership—be it Trademarks, Patents, Industrial Designs, or Copyrights. Hard to imagine? Let’s look at some inspiring examples of how IP has made others wealthy.   Trademarks: David Beckham Earned USD 36 Million in 2024  By licensing his name to major companies like Adidas, Nespresso, and Stella Artois, the English football icon significantly boosted his income from the previous year, which was “just” USD 16.2 million. This is remarkable, considering he retired more than a decade ago.  Moreover, the entire Beckham family, from his wife Victoria to his children Brooklyn, Romeo, Cruz, and Harper, have also registered their names as Trademarks with the UK Intellectual Property Office (UKIPO). So, if you have a unique name with notable achievements, don’t hesitate to register it and use it as your business identity.   Patents: Dyson’s Innovations Generated GBP 1.4 Billion in 2023  Founded by Sir James Dyson in 1991, Dyson started with the revolutionary bagless vacuum cleaner. Today, its innovations extend to other technologies used in household appliances such as hand dryers, bladeless fans, air purifiers, and hair styling tools.  Although the company invests heavily in R&D for AI, robotics, and cutting-edge battery technologies, its tens of thousands of registered patents have been licensed to numerous companies worldwide, providing additional revenue beyond the sales of finished products. In 2023, Dyson’s total revenue reached GBP 7.1 billion!   Copyrights: Mariah Carey’s Royalties Reach USD 3 Million Annually  In the entertainment world, Copyright is an invaluable asset. For instance, Mariah Carey’s timeless hit, “All I Want for Christmas Is You,” has generated annual royalties of around IDR 48 billion despite being released in 1994. These royalties come from frequent airplay on radio, streaming platforms, and usage in films and commercials every holiday season.  If you create a song or movie with a holiday theme, its popularity and playback could grow yearly, allowing you to earn passive income through royalties.   Industrial Designs: Bandai’s 20 Billion Yen Annual Revenue from “Henshin Belt”  It’s no secret that the Kamen Rider series serves as a year-long advertisement for toys. Each year, a new Kamen Rider series is introduced, complete with a new Henshin Belt—more sophisticated and unique, following current trends.In the story, the Henshin Belt is a high-tech device enabling the protagonist to transform into a superhero. To captivate children, the toy version incorporates engaging “gimmicks.” For example, in the latest series, Kamen Rider GAVV, the gimmick involves inserting small monster-shaped collectibles into the belt to unlock various powers. Bandai registers the Industrial Design for the belt and its collectible monsters to ensure exclusivity and economic rights. With this protection, no other party can legally use the unique design without permission. The result? Annual toy sales of approximately USD 134 million!   These examples show that Intellectual Property isn’t just a foreign concept—it’s also applicable in Indonesia or everywhere. You can use your name as a Trademark for a restaurant franchise or create a unique product design registered as an Industrial Design. As long as your IP is protected, it will continue to generate opportunities to build wealth in the future. If you’re an innovator, business owner, athlete, musician, or creator from any background, IP-based business opportunities can be a promising source of future income. To learn more about securing legal protection for your Intellectual Property, reach out to 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].

IP Character Collaborations with Airlines - Which One is Your Favorite? AFFA IPR

IP Character Collaborations with Airlines – Which One is Your Favorite?

Intellectual Property

Collaborations involving Intellectual Property (IP) or well-known characters aren’t limited to clothing or merchandise; they extend to restaurants, theme parks, and even airlines. Thanks to the immense popularity of these characters, fans are willing to travel, buy tickets, and spend more to enjoy a unique experience connected to their favorite icons. As the holiday season approaches, traveling with a trusted airline featuring your favorite IP characters can be an exciting option for you and your family. These collaborations often offer in-flight branding, including themed headrests, paper cups, meal boxes, in-flight entertainment, and exclusive merchandise to take home. Does your favorite character make the list? Etihad Airways x Warner Bros Boeing 787-10 Dreamliner  Since: July 2024 Characters: Batman, Superman, Wonder Woman, Looney Tunes, etc. Routes: Abu Dhabi, London, Dublin, Amsterdam, Vienna, Bangkok, and Manila AirAsia x Sonic the Hedgehog Airbus A330 Since: October 2024 Characters: Sonic, Tails, & Shadow Routes: Kuala Lumpur – Bangkok All Nippon Airways (ANA) x Demon Slayer: Kimetsu no Yaiba Bombardier DHC 8-400 Since: July 2023 Characters: Tanjiro, Nezuko, Zenitsu, Inosuke, Kyojuro, etc. Routes: Osaka – Fukuoka Southwest Airlines x Walt Disney World Boeing 737-700 Since: September 2021 Characters: Mickey, Minnie, etc. Routes: United States Domestic Garuda Indonesia x Pokemon Boeing B737-800 NG (Pikachu Jet GA-1), since February 2024 Airbus A330-300 (Pikachu Jet GA-2), from March 2025 Characters: Pikachu, Squirtle, Aipom, Oddish, etc. Routes: Jakarta, Denpasar, Jogja, Lombok, Batam, Surabaya, Malang, Semarang, Makassar, Tokyo, Sydney, Melbourne, Hong Kong, China, Jeddah, Bangkok, etc. With this collaboration, Garuda Indonesia has joined the elites of the “Pikachu Jets” fleet, alongside other airlines that collaborated earlier, such as ANA and Skymark Airlines (Japan), China Airlines, Scoot (Singapore), and T’way Air (South Korea). For Garuda Indonesia, IP collaborations are not new, as the airline previously partnered with Star Wars and Marvel Studios from The Walt Disney Company in 2022.   Should you need further information about IP collaborations, licensing agreements, or the protection of Trademarks and other IPs domestically or internationally, contact us at [email protected].

TKDN-Related Sales Restrictions: How Can IP Play a Role in Enhancing its Composition - AFFA IPR

TKDN-Related Sales Restrictions: How Can IP Play a Role in Enhancing Its Composition

Intellectual Property

The Indonesian government recently banned the distribution of the iPhone 16 due to its failure to meet the required Domestic Component Level (TKDN) threshold of 35%. This policy serves as a stern reminder to all local and international manufacturers of the importance of contributing to the development of domestic industries.   However, the iPhone 16 is not the only TKDN-related issue in the spotlight. Previously, the tactical vehicle Maung Pindad, used by “RI 1” (the President), became a success story in fulfilling TKDN requirements. According to Chief of Presidential Staff Anto Mukti Putranto, while 30% of Maung’s components were sourced from Korean and German manufacturers, namely SsangYong and Mercedes-Benz, the remainder was developed locally.   So, who is obligated to comply with TKDN regulations? How can Intellectual Property (IP) certificates help meet these requirements? Let’s dive into the details.   Legal Basis of TKDN   TKDN refers to the percentage of goods or services derived from domestic components in a product, service, or combination of both. This policy is governed by Minister of Industry Regulation No. 16 of 2011, which outlines the rules and methods for calculating TKDN. At least three parties are required to comply with TKDN regulations:   Electronics and Telecommunications Manufacturers: Products like smartphones with 4G/5G technology must have a minimum TKDN value of 35%, as stated in Minister of Industry Regulation No. 22 of 2020 on Electronics and Telematics TKDN Calculation Guidelines. Goods/Services Providers for Government Projects: Under Presidential Regulation No. 16 of 2018 on Government Procurement, all government-procured goods/services must prioritize products with high TKDN values. Strategic Industries: For example, battery electric vehicles (BEVs) are regulated under Minister of Industry Regulation No. 6 of 2022, which specifies development roadmaps, specifications, and TKDN calculation requirements.   Intellectual Property & TKDN Calculation Framework   Factors influencing a product’s TKDN value include:   Type of Product and/or Service: Different products have unique parameters and calculation weights, such as manufactured goods, technology, or services. Local Components Used: The greater the proportion of raw materials or services sourced domestically, the higher the TKDN value.  Contribution of Certification and Local Innovation: Intellectual Property certificates, SNI (Indonesian National Standard), and Halal certification can increase the domestic component value.   It can be concluded that owning IP Certificates, such as Patents, Trademarks, and Industrial Designs, allows businesses to count these as part of the Domestic Component (KDN).   The varying needs of industries and technical specifications result in differing TKDN standards. For instance, electronic products like smartphones require a minimum TKDN value of 35%, whereas strategic industrial products like electric vehicles involve more complex parameters, including design and testing.    Specifically for the iPhone, Apple previously held a TKDN certificate, but its validity period has expired. To renew it, the government still deems the latest investment made in educational facilities insufficient. Apple would need to establish larger manufacturing plants and research development centers to meet the requirement.   Requirements for Meeting TKDN Standards   To obtain TKDN certification, businesses must fulfill the following requirements: Company Legal Documents: Articles of incorporation and business licenses. Intellectual Property Certificates: Relevant patents, trademarks, or industrial designs. Quality Management System: Certification such as ISO 9001:2015. Proof of Local Components: Cooperation contracts with local suppliers or invoices for locally sourced raw materials. Verification Body Appointment Letter: Only independent bodies designated by the Ministry of Industry can conduct TKDN verification.   TKDN as a Strategic National Policy   From its requirements and objectives, TKDN is not just a regulation but a strategic national policy to strengthen domestic industries. Similar policies exist in other countries, such as: Buy American Act in the United States; Industrial and Regional Benefits in Canada; Local Content Policy in Brazil; Local Content Requirement in the European Union; Make in India in India; and China’s Indigenous Innovation Policy in China.   This long-term policy to enhance Indonesian products’ competitiveness in local and global markets deserves our full support.   Does your product meet the required TKDN standards? Don’t hesitate to consult us about registering your Intellectual Property as part of TKDN compliance. Contact us via email at [email protected].

Protecting a Giant: Why Godzilla Needs Both 3D Mark and Industrial Design Status

Intellectual Property, Trademark, Industrial Design

This November, one of Japan’s oldest Intellectual Property (IP) assets celebrates its 70th anniversary. First introduced as a movie in 1954, Godzilla has since starred in over 40 films and animated series, and its Trademark is protected in more than 30 countries worldwide.   As a giant mutant lizard with many variations, its likeness has also been immortalized in various toys and merchandise, often registered as Industrial Designs to protect them from counterfeiting. However, since Industrial Design protection has a limited duration, Toho, the owner of Godzilla’s IP, has also registered it as a 3D Mark.   What’s the difference? What are the advantages compared to Industrial Designs? Here’s the answer…   Aesthetic Value vs. Distinctiveness   Based on its definition, Industrial Design protects the aesthetic aspects or appearance of a product, such as its shape, pattern, or configuration, which give it a distinctive impression. The focus is on visually appealing elements rather than brand identity. Therefore, Industrial Designs protect the unique design of vehicles, household appliances, and, of course, toys.   On the other hand, a 3D Mark is a mark that protects the three-dimensional shape of a product used to distinguish the goods or services of one party from another. Examples include the Coca-Cola bottle, Lego bricks, Ferrari’s prancing horse, and the PS5 console.   The differences, as well as the advantages and disadvantages of Industrial Designs and 3D Marks, can be summarized in the following table:   Industrial Design 3D Mark Focus of Protection Protects the aesthetics or visual appeal of a product. Protects the identity and function of a Trademark in commerce. Duration of Protection Limited duration, typically 10-15 years, depending on the regulations in a given country. Unlimited duration as long as it is renewed periodically every 10 years. Registration Process & Criteria Must be new and unique in its design. Requires evidence that the shape has a distinctive character and is recognized by consumers as a Trademark. A 3D Mark cannot be registered if the shape has functional value. Advantages The registration process is relatively simpler and quicker. Protection can last indefinitely with periodic renewals. Disadvantages Protection is limited to aesthetic aspects, and the duration cannot be extended. The registration process is more complex and requires significant evidence of use to demonstrate distinctiveness in the market.   Godzilla Needs Longer Protection   From the table above, we can understand why IP assets as old as Godzilla still seek longer protection. Especially considering the increasing hype surrounding Godzilla after winning the 2024 Academy Award/Oscar for Best Visual Effects. This success could lead to an increase in counterfeit products and toys by irresponsible parties.   According to Yahoo Japan and a decision by the Japanese court, Toho’s attempt to register one of Godzilla’s variants, Shin Godzilla, as a 3D Trademark began as early as October 2019. However, after a lengthy process, the Japan Patent Office (JPO) issued a final rejection in March 2024, stating that the registered Godzilla shape was too generic and lacked sufficient distinctiveness.   Toho subsequently filed an appeal in May, emphasizing that the Shin Godzilla design has a strong distinctive character and is widely recognized by the public. This was followed by a review of submitted evidence, including the popularity of Shin Godzilla as a character, its use in various products, and public recognition of the shape as a unique identity, by the court.   3D Mark Shin Godzilla – Application No.: 2020-120003   Finally, on October 30, 2024, the court overturned the JPO’s decision and declared that the 3D shape of Shin Godzilla possesses sufficient distinctiveness and is eligible to be registered as a 3D Mark. The court emphasized that the popularity and widespread recognition of the Shin Godzilla character added significant value to the assessment of its distinctiveness.   As a result, Shin Godzilla has successfully secured the opportunity to get unlimited protection.   This ruling sets an important precedent for 3D Mark protection in Japan, particularly for the entertainment industry and consumer products that rely on unique characters or designs as their brand identity. Previously, iconic characters were typically protected through copyright for creative works, and their names or logos as Trademarks. Now, these characters can also be protected as 3D Marks if proven to have distinctiveness and public recognition as a source identifier.   This strengthens Intellectual Property protection for iconic characters through a layered and complementary approach, depending on the context of their use. Should you need further information regarding trademark registration and protection in Indonesia or worldwide, please contact us via email: [email protected].

WIPO's 2024 Report: Indonesia Ranks Among Global Leaders in Trademarks and Design Growth - AFFA IPR

WIPO’s 2024 Report: Indonesia Ranks Among Global Leaders in Trademarks and Design Growth

Intellectual Property

The World Intellectual Property Organization (WIPO) recently released the World Intellectual Property Indicators 2024 (WIPI) report, highlighting the growth performance of Intellectual Property (IP) in 2023. This report provides a comprehensive overview of global trends in IP, covering Patents, Trademarks, Geographical Indications, Industrial Designs, and Plant Variety Protection. It is a vital reference for governments, entrepreneurs, and innovators to understand their country’s position in the global IP landscape.   China, India, Russia, and Indonesia showcased remarkable growth in this report. China leads with 1.64 million Patent applications, accounting for 46% of all Patent applications worldwide. Regarding Trademark and industrial design applications, China also dominated with 7.4 million Trademark applications (approximately 49% of the total global market) and 58% of global industrial design filings. Similarly, China commanded a 54% share in plant variety protection applications.   How Did Indonesia Perform?   While the global average for Trademark applications declined by 2%, Indonesia bucked the trend with a 10% increase in 2023, trailing only Russia (30%) and Mexico (11%). For industrial designs, Indonesia recorded the highest global growth at 37.3%, far surpassing the global average of 2.8%. In absolute numbers, Trademark applications in Indonesia rose from 122,458 to 152,447, and industrial design filings increased from 4,795 to 6,326. These achievements place Indonesia as a Southeast Asian leader, far ahead of Singapore, Malaysia, and Thailand.   Global Rankings: Where Does Indonesia Stand?   Trademark Applications Indonesia ranks 15th globally, behind: China (7,184,831) United States (739,395) Russia (546,455) India (520,862) EUIPO (436,720) Brazil (427,327) Turkey (398,763) United Kingdom (345,205) Japan (328,559) Iran (327,384) South Korea (314,284) France (263,550) Germany (229,793) Mexico (205,867)   Industrial Design Applications Indonesia ranks 19th globally, trailing: China (826,086) EUIPO (116,884) United Kingdom (81,543) United States (60,022) South Korea (59,454) Turkey (58,084) Italy (37,099) Japan (32,061) France (30,023) Germany (29,663) India (28,168) Spain (14,776) Switzerland (11,391) Russia (10,472) Canada (9,037) Australia (8,798) Iran (7,841) Brazil (7,679)   Creative Industries Drive Growth According to the WIPI 2024 report, Indonesia’s growth in Trademarks is largely fueled by MSMEs and the creative economy, while the textile, fashion, and handicraft sectors primarily drive the surge in industrial design filings The data further indicates that the primary purpose of registering Trademarks and industrial designs in Indonesia is to facilitate exports.   Future Potential and Opportunities As public awareness of IP registration continues to grow, Indonesia holds immense potential to become a hub for innovation and intellectual property in the ASEAN region. Strengthening regulations, increasing public education, and fostering collaboration with the private sector can help capitalize on this momentum.   Should you need more information about the registration and protection of Patents, Trademarks, or Industrial Designs, both domestically and internationally, please contact us via email: [email protected].

Indonesia - Adjustment to the IP Services Official Fees Under the Government Regulation No.24 Year 2024 - AFFA IPR

Indonesia – Adjustment to the Intellectual Property Services Official Fees Under the Government Regulation No. 45 Year 2024

Intellectual Property

The Government of the Republic of Indonesia has issued the latest update on the Non-Tax State Revenue for the Ministry of Law and Human Rights under the Government Regulation No. 45 Year 2024. The adjustments cover IP services pertaining Trademark, Geographical Indication Patent, Industrial Design, and Copyright. We herewith provide you the summary of the changes for your perusal and please bear in mind that anything not listed here is not affected.   Trademark and Geographical Indication The items that have been adjusted are as follows:   Type of Action Old Fees New Fees International Registration designating Indonesia CHF 144 CHF 125 International Registration renewal in Indonesia CHF 180 CHF 156 International Registration renewal in Indonesia (within 6-month grace period) CHF 360 CHF 313 Requesting substantive examination for a Geographical Indication application N/A IDR 1,000,000.00   Patent The items that have been adjusted are as follows:   Type of Action Old Fees New Fees Accelerated publication IDR 400,000.00 IDR 500,000.00 Patent substantive examination request IDR 3,000,000.00 IDR 3,500,000.00 Simple patent substantive examination request IDR 500,000.00 iDR 750,000.00 Priority rights document request IDR 300,000.00 IDR 500,000.00 Patent decision appeal request IDR 3,000,000.00 IDR 4,000,000.00 Post-grant correction of description, claim, and/or figures after the patent is granted IDR 3,000,000.00 IDR 4,000,000.00 Post-grant appeal against the decision to grant a patent IDR 3,000,000.00 IDR 4,000,000.00 Patent Board of Appeal decision request N/A IDR 20,000.00 per page   Industrial Design No changes or adjustments were introduced for Industrial Design matters.   Copyright The items that have been adjusted are as follows:   Type of Action Old Fees New Fees Application IDR 400,000.00 OR  IDR 600,000.00 (if software) per creation IDR 200,000.00   Should you have any further questions and queries about the adjustment of official fees, please do not hesitate to contact us at [email protected].