On February 29, 2024, the Constitutional Court of the Republic of Indonesia (MKRI) decided case Number 84/PUU-XXI/2023 concerning Material Review of Law Number 28 of 2014 concerning Copyright (Copyright Law) and declared Article 10 of the Copyright Law to be contrary to the 1945 State Constitution of the Republic of Indonesia (Constitution of Indonesia). How…
Prevailing Laws and Regulations Q: What is the primary legislation governing Trademarks in Indonesia? A: Law No. 20 2016 on Marks and Geographical Indications (the Trademark Law) is the primary law concerning Trademark in Indonesia. Several provisions in the Trademark Law were then amended under the Law No. 11 Yeat 2020 in Job Creation,…
The Minister of Law and Human Rights of the Republic of Indonesia, Yasonna Laoly, has officially ratified the Minister of Law and Human Rights Regulation (Permenkumham) Number 15 of 2024 concerning Management of Royalties for Secondary Use Licenses for the Copyright of Books and/or Other Written Works. What is meant by Secondary Use for…
Indonesian Patent Law No. 13 of 2016 outlines the process for maintaining your Patent throughout its 20-year term. This involves making timely annuity payments to the Indonesian Patent Office, hereafter called the Directorate General of Intellectual Property (DGIP). Here’s a breakdown of the key points: First Annuity Payment This covers the period from your…
Patenting Timetable and Costs Q: How long does it typically take, and how much does it typically cost, to obtain a Patent? A: The process of registering a patent in Indonesia involves several steps, including jling a Patent application, publication, examination and grant. The general process is as follows: Filing a Patent Application:…
After 11 days of intensive negotiations, the International Diplomatic Conference at the World Intellectual Property Organization (WIPO) Headquarters in Geneva, Switzerland, on May 24th, agreed on and adopted the International Treaty on the Protection of Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. This is the first WIPO Treaty to address the interface between Intellectual…
Voluntary Licensing Q: Are they any restrictions on the contractual terms by which a Patent Owner may license a Patent? A: Several minimum requirements should be met. A licence agreement should contain: the date, month, year and place where the licence agreement was signed; name and address of the licensor and the licensee; the…
Indonesian awareness of the importance of protecting Industrial Design has continued to increase in the last five years. This can be seen from the significantly increasing number of Industrial Design registrations. From 2,319 applications in 2017, it grew to 2,835 in 2019, jumped again to 2,957 in 2021, and peaked in 2022 with 3,533 applications.…
Monetary Remedies for Infringement Q: What monetary remedies are available against a Patent infringer? When do damages start to accrue? Do damage awards tend to be nominal, provide fair compensation, or be punitive? How are royalties calculated? A: All laws about Intellectual Property assets allow the infringed to seek damages through the Court of…
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…