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.

From Fake to Facts: Taking Action Against Trademark Infringement in Indonesia - AFFA IPR

From Fake to Facts: Taking Action Against Trademark Infringement in Indonesia

Intellectual Property, Trademark

Have you ever found products imitating your Trademark being sold on the market without your permission? Or even worse—your Trademark suddenly being registered by someone else? Unfortunately, such incidents still frequently occur in Indonesia. Our country has once again been placed on the “Watch List” in the 2025 Special 301 Report released by the United States Trade Representative (USTR)—indicating that Intellectual Property (IP) enforcement, including Trademarks, remains a concern for the international community.   However, that doesn’t mean there’s nothing you can do. Here are concrete solutions you can take if your Trademark is being misused in Indonesia: Ensure Your Trademark Is RegisteredThe first and most crucial step is to ensure your Trademark is officially registered with the Directorate General of Intellectual Property (DGIP). Without registration, legal protection for your Trademark is extremely limited. If it hasn’t been registered yet, immediately file a Trademark application. If it has, ensure you have the registration documents and certificate(s) in hand. Gather Evidence of Infringement If you discover your Trademark is being used without authorization, collect as much evidence as possible: Photos of counterfeit or fake products; Links to online shops or marketplaces selling illegal products; Proof of purchase (if available); Screenshots of ads or promotions using your Trademark. The more comprehensive your evidence, the stronger your legal position will be. Use Reporting Mechanisms on Marketplaces and Social Media Many e-commerce platforms and social media in Indonesia now provide dedicated channels to report IP violations. If you find counterfeit products or infringing content, you can take the following actions: Fill out the IP infringement report form (Trademark); Attach your Trademark certificate and evidence of infringement; Request removal of the content or account. These steps usually can be processed more quickly and do not require going to court. Contact a Registered IP Consultant for Taking Further Legal Action(s) Dealing with Trademark infringement can be a complex and time-consuming process. That’s why working with a licensed IP Consultant is highly recommended. They can assist you with: Developing the right legal protection strategy; Supporting the filing of damages claims, infringement lawsuits, or negotiations; Coordinating with relevant authorities, such as the DGIP or the Police, when necessary. Should you need more information about Trademark protection in Indonesia, feel free to contact us at [email protected].

Indonesia's Copyright Dilemma: When Good Intentions Pave the Way to (Unintended) Infringement - AFFA IPR

Indonesia’s Copyright Dilemma: When Good Intentions Pave the Way to (Unintended) Infringement

Copyright1 Comment

Viral on Social Media about how the family of the late proclaimer of the Republic of Indonesia, Bung Hatta, objected to his speeches, which had been released in book form, being digitized and distributed free to the public by a public official for educational reasons and not for commercial purposes. Why might the family raise objections? Were any laws violated?   Suppose you have several classic books published before 1960, which contain a collection of speeches by Bung Hatta (who died on March 14, 1980), and you have done research that the publisher is no longer there. Then, it doesn’t mean you can transform the creation; in this case, make a digital version and share it for free without permission from the heirs.   Article 40 of the Copyright Law recognizes a book and a lecture/speech as protected works. Most of these books contain Bung Hatta’s speeches, not as the first Vice President of the Republic of Indonesia but as a person who gave speeches on various occasions. So, the assumption that the speech is not protected by Copyright falls.   Specifically, the Copyright Law regulates Moral and Economic Rights, which are creators’ Exclusive Rights. In this case, Bung Hatta gets Moral Rights without time limits and Economic Rights for up to 70 years after his death. If we calculate that Bung Hatta died in 1980, his Economic Rights will still be valid for 70 years starting January 1 of the following year (1981) and will only end in December 2050.   Sanctions for Transformation & Distribution of Works Without Permission   Transforming activities are considered a different Copyright violation than the distribution of works. So parties who create a digital version of a book and share the link without permission can be subject to two articles at once, namely the Copyright Law Article 113 Paragraphs (2) and (3): a maximum imprisonment of 3 (three) years and/or a maximum fine of IDR 500,000,000.00 (five hundred million rupiah) for transforming without permission; And a maximum prison sentence of 4 (four) years and/or a maximum fine of IDR 1,000,000,000.00 (one billion rupiah) for distribution without permission.   But what if you argue that you’re doing it for free?   For educational reasons and not charging fees by distributing it for free, you could say that this activity does not harm the reasonable interests of the Creator, known as the term “Fair Use.” However, it would be best to remember that Fair Use does not look at elements of commercialization. As long as the Copyright holder objects, you can be considered violating Copyright.   The basis is stated in the Explanation of Article 44 paragraph (1) letter a of the Copyright Law, which states “Reasonable Interests of the Creator or Copyright Holder” are interests based on balance in enjoying the economic benefits of a Creation, and it is proven that Bung Hatta’s family has submitted object.   Reasons for Bung Hatta’s Family to Object   In their statement via social media X (Twitter) on June 9, 2024, the family of Halida Hatta, Bung Hatta’s youngest daughter, expressed disappointment from Bung Hatta’s heirs over the piracy of Bung Hatta’s writing, which was shared on social media X. In another statement, the heir reminded us that even though the post was taken down, it can still be prosecuted legally.   The heirs stated that since 1988, Meutia Farida Hatta, the first daughter of Bung Hatta, together with the publisher LP3ES, have collected his works, up to 9 (nine) volumes, so that his writings do not disappear and can be accessed by the public, both by purchasing the physical book in a bookstore or online, or accessing it for free at the National Library.   In their follow-up statement, the heir stated that Bung Hatta’s family had followed the Copyright Memoir, which were published in 1978 by the publisher Tinta Mas before being republished by the publisher Gramedia and then collected and republished by LP3ES. The family does not intend to share or publish it themselves because they are paying respect to the Economic Rights of each publisher. And for now, all of Bung Hatta’s works can be purchased officially at the LP3ES Book Gallery.   Therefore, if you have good intentions to share educational information from a book, especially if you want to share the entire contents of the book for free, the most important thing you have to do is contact the heirs of the Creator. This is because you will get legal information about a work. For example, who is also the Copyright holder for the work, whether it can still be obtained legally, or when the Copyright protection period ends?   So don’t assume that non-commercial actions you carry out without permission will not have legal consequences. The Copyright Law guarantees that Moral and Economic rights are the Exclusive Rights of the Creator and his heirs until the work falls into the Public Domain.   You might also want to read: Demystifying the Public Domain: Permissions and Limitations Should you need further information regarding Copyright and Intellectual Property protection in Indonesia or abroad, do not hesitate to contact us via email: [email protected].

7 Reasons to Not Use Pirated Software - the Indonesian Context - AFFA IPR

7 Reasons to Not Use Pirated Software – the Indonesian Context

Intellectual Property, Copyright1 Comment

Knowing that the original price of “Windows 11 Home” on the Microsoft website is sold for IDR 2,999,999, but on the well-known e-commerce in Indonesia, it can be found for only IDR 20,000, complete with the promise of an activation key that is valid forever. What’s even crazier is that this high price disparity opens up opportunities for other fraudsters to sell pirated software at various prices, from hundreds of thousands of rupiah to millions, which, of course, can deceive buyers who intend to buy genuine products but are constrained by a limited budget.   However, if you are used to buying original or branded products with a large price difference from the original, you will understand that something is wrong. Yes, of course, it can be suspected that the product being sold cheaper is not genuine, used, or even stolen.   Just like using pirated or stolen products, there are several big risks if we continue to use pirated software. Want to know more?   Here are 7 disadvantages of using pirated software:   Fostering Illegal Activities Software piracy is a violation of Copyright Law and can lead to hefty fines or even jail time, primarily if you use it for commercial purposes without permission or reproduce and distribute it unlawfully. There have been many instances where software companies go after those who use the software illegally for commercial purposes. Security Risks Pirated software often comes from untrusted sources and may contain malware or viruses that can harm your computer and steal your data. Lack of Updates You won’t receive security updates or bug fixes for pirated software, leaving your system vulnerable to attacks. No Technical Support If you encounter problems with pirated software, you won’t have access to customer support from the software developer. Harms Software Development Software piracy reduces software developers’ revenue, making investing harder in research and development of new and improved software. This condition will undoubtedly worsen the growth of innovation in our country. Damaging Your Image Imagine if you are in the middle of an important presentation and, while sharing the screen, a notification appears that your laptop’s operating system needs to be revised. Of course, this would create a wrong impression for you and your company. Clients would also judge that you do not uphold Intellectual Property. Inhibiting Foreign Investment It is common knowledge that Indonesia is still on the list of world countries with serious Intellectual Property violations (along with Argentina, Chile, China, India, Indonesia, Russia, and Venezuela), as released by the United States Trade Representative (USTR) in the 2023 Priority Watch List Special 301 Report.   Overall, the bads of software piracy far outweigh the goods. There are many affordable and legal software options available, and the risks associated with piracy are simply not worth it. If you require further information regarding the software protection, Copyright recordation or Patent registration in Indonesia and abroad, please do not hesitate to contact us via email at [email protected].

Indonesian-Discord-Users-Could-Face-1-Billion-Rupiah-Fine-for-Streaming-Anime-Illegally-affa

Indonesian Discord Users Could Face 1 Billion Rupiah Fine for Streaming Anime Illegally

Intellectual Property

“Every person who unlawfully and/or without permission of the Author or Copyright holder distributes Works or their copies for Commercial Use shall be sentenced to imprisonment for up to 4 years and/or fine up to Rp 1,000,000,000.00!”   As connoisseurs of the entertainment industry, whether in music, feature films, or animated series, we certainly understand that all forms of entertainment are works protected by Copyright.   Article 3 of Law No. 28 of 2014 concerning Copyright states that Works mean any scientific, artistic, and literary works resulted from inspiration, ability, thought, imagination, dexterity, skill or expertise expressed in a tangible form.   Furthermore, Article 4 of the Indonesian Copyright Law states that Copyright Holder means an Author as the Copyright owner, the party acquiring a lawful right from the Author, or other parties who acquire subsequent rights from the party such acquiring lawful rights.   Suppose other parties wish to use the Work, they must obtain written permission from the Copyright Holder or Related Rights Owner in the form of a License Agreement, which may include details of the distribution of Royalty as compensation for using the Work. In other words, if there is no license agreement moreover and there is an attempt to take advantage of a work without permission, it can be said that there has been a Copyright Infringement.   What is meant by taking advantage of this can be something other than a paid activity. For example, as has recently been done by several influencers who want to take advantage of the hype of anime “One Piece” to increase their followers on the Discord platform. They openly hold a viewing event in their group, also promoted on their social media accounts. Even though it is not paid, the watching together event can be considered Copyright Infringement.   Because watching together activities via unauthorized streaming activities on an authorized platform, if carried out without permission, has violated the exclusive rights of the Author or Copyright Holder to obtain economic benefits for their work. One of them is the distribution of Works or their copies, as stipulated in Article 9 Paragraph (1) letter e of the Copyright Law, with the threat of punishment as stated in the first paragraph of this article.   Apart from illegal distribution activities for unauthorized watching events, the Discord application itself has provided strict rules:   “You may not use Discord to stream, upload, or share any content that infringes on the copyrights or other Intellectual Property rights of others. This includes, but is not limited to, streaming movies, TV shows, music, or other copyrighted content without the permission of the copyright holder.”   The rules regarding Copyright on Discord can be accessed via https://discord.com/terms, and each violator can receive the following sanctions: Having your account suspended or terminated Being sued by the copyright holder for copyright infringement Having to pay damages to the copyright holder   Suppose we specifically discuss the latest One Piece episodes that are currently being talked about. In that case, we can watch them for free and legally in Indonesia via the iQIYI and Bstation/Bilibili platforms, complete with Indonesian subtitles. However, if you want to watch it with a higher image resolution, the Bstation platform provides a Premium (paid) option. Remember, whether it’s free or paid, whatever shows we get on the platform, we have no right to distribute or broadcast them again without permission. As regulated in the following Bstation/Bilibili User Agreement:   “Unless otherwise authorized by Bstation/Bilibili in writing, you shall not (and shall not allow, encourage or facilitate any third party to) modify, copy, adapt, maliciously spread, lease, lend, sell or translate the Services or any part thereof, or create derivative works related to them, and shall not obtain their source code through reverse engineering, decompilation, disassembly or other similar acts..”   Furthermore, suppose it is proven that there has been a violation of the law and user agreement. In that case, Bstation has the right to suspend or stop providing part or all of the services to you unilaterally without notice and would like to ask you to compensate for any losses to the extent permitted by law.   Thus, it can be concluded that the activity of watching together (via illegal, unauthorized streaming) on legal platforms whose sources come from legal platforms has become illegal if done without permission. Apart from exposing you to imprisonment for up to four years and/or a maximum fine of one billion Rupiah, you will also lose all access to the accounts you have worked so hard to build.   This illegal watching together activity (on any platform) is no different from moviegoers who are still legally illiterate, and recording or distributing it live via Instagram is an act against the law.   If you have committed a Copyright Infringement or need further consultation regarding organizing a legal watching together activity according to Copyright Law in Indonesia, please don’t hesitate to contact us via [email protected].

Katy-Perry-v-Katie-Perry-affa

Battle of Trademark: Katy Perry v Katie Perry Unfortunately, the singer lost in Australia.

Intellectual Property

In a trademark dispute, having a big name sometimes guarantees a win, but only sometimes. When Katy Perry, the owner of five Billboard Music Awards and a judge on American Idol with 108 million followers on Twitter, held concerts in Australia in 2014 and 2018, she sold a lot of fashion products through retail and social media using the trademark “Katy Perry,” which is owned by her company, Killer Queen, LLC. However, it turned out that there was already a similar trademark in Australia with a similar pronunciation, namely “Katie Perry” (with ie), which had been registered by a designer named Katie Taylor in the fashion category (Nice Class 25) since 2008. In 2009, Katy Perry’s lawyers actually tried to cancel Katie’s trademark and sent a “Cease and Desist Order” letter so she wouldn’t use the trademark again, but this effort was not pursued. After Katy Perry’s 2018 concert, which once again sold fashion products, Katie decided to strike back by reporting “Katy Perry” for ignoring the existence of “Katie Perry,” which has homophonous and had already been officially registered in IP Australia Finally, on Thursday, April 27, 2023, Australian Federal Court Judge Brigitte Markovic ruled that Killer Queen, LLC. had been proven to have infringed on some of Katie Taylor’s trademarks and ordered them to compensate for the damages with a certain amount that will be decided later. In response to this victory, Katie Taylor made a statement on her website, “Not only have I fought [for] myself, but I fought for small businesses in this country, many of them started by women, who can find themselves up against overseas entities who have much more financial power than we do. This victory could not have been achieved if Katie had not registered her trademark first. By registering a trademark, the owner obtains their rights, and the state provides legal protection so that the trademark’s economic rights are not violated. In Indonesia, a trademark can only be protected if an application for registration is filed first, and prior use of the trademark cannot be used as a basis for protection. This is because the ‘First to File’ approach is adopted by Law No. 20 of 2016 concerning Trademarks and Geographical Indications.   If you need further information about trademark registration in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: Reuters.com Nine.com.au WIPO Global Brand Database