Paten – Page 8 – AFFA Intellectual Property Rights

The Coffee Business and Intellectual Property: A Perfect Blend

Intellectual PropertyBy AFFA IPR October 2, 2023

The Coffee Business and Intellectual Property: A Perfect Blend The world of coffee is a flavorful fusion of tradition and innovation. From unique blends to cutting-edge brewing methods, the coffee industry is rich with Intellectual Property opportunities. In this article, we’ll explore the various aspects of Intellectual Property, from Trademarks to Patents, Copyrights, and more, and how they’re intertwined with the coffee business. Whether you’re a coffee connoisseur or a seasoned roaster, here’s a breakdown of the fundamental Intellectual Properties related to the coffee industry: Trademarks Coffee Brand Names Trademarks protect the unique names and logos of coffee brands. Think of iconic brands like “Starbucks” or “Kapal Api.” Coffee Shop Names Trademarks also apply to coffee shop names, creating brand recognition for businesses like “The Coffee Bean & Tea Leaf” or “Kenangan Coffee.” Patents Coffee Brewing Technology Patents protect innovative coffee brewing methods and machines—for instance, the invention of the espresso machine in 1884 by an Italian inventor, Angelo Moriondo. Coffee Roasting Equipment Patents can cover advancements in coffee roasting technology, ensuring that unique processes are protected. Copyrights Coffee Art and Labels Coffee packaging often includes artistic designs and labels. Copyrights safeguard these creative elements. Coffee Literature Copyrights can apply to books, articles, or marketing materials related to coffee, including coffee history, brewing guides, and more. Trade Secrets Coffee Blends Coffee companies may have closely guarded trade secrets related to their unique coffee blends and recipes. Roasting Profiles The specific roasting profiles for different coffee beans can also be considered Trade Secrets. Geographical Indications Origin-Based Labels Some coffee regions, like Arabica Gayo coffee or Jamaican Blue Mountain coffee, are known for their distinct flavors. Geographical Indications protect these regional characteristics. Industrial Designs Coffee Machine Aesthetics The design of coffee machines, from espresso makers to grinders, can be protected by Industrial Design rights. Unique Packaging The distinctive packaging of coffee products, making them easily recognizable on store shelves, can also be registered as Industrial Design. Plant Variety Protection Unique Coffee Varieties: Specific coffee plant varieties may sometimes be protected to ensure that only authorized growers can cultivate them. For example, Gayo Arabica coffee has several varieties registered as Plant Variety Protection in Indonesia. Licensing & Franchising Agreements Distribution Rights To distribute a specific brand of coffee, you must obtain official approval from the owner, stating several details, such as distribution scope, licensing validity period, and how much royalties can be given. Franchising Coffee businesses with networked shops usually have a franchise agreement, where the franchisee has obtained permission from the franchisor with a registered Trademark to open a coffee shop based on a predetermined business model. From a coffee business, there are many additional opportunities to increase income from various existing Intellectual Property, and it would be a shame if they were not maximized. If you need further information about Trademark registration, Patent protection, or anything related to Intellectual Property, please do not hesitate to contact us via [email protected].

Media Missteps: 5 Intellectual Property Blunders to Avoid

Intellectual PropertyBy AFFA IPR September 18, 2023

Media Missteps: 5 Intellectual Property Blunders to Avoid The government’s efforts to remove Indonesia from the US investment blocklist published by the United States Trade Representative (USTR) through the 2023 Priority Watch List (PWL) are heavy. Apart from improving regulations and law enforcement efforts, education regarding the importance of Intellectual Property must continue to be carried out on a massive scale. Unfortunately, the big media, which should take that role, often become part of the piracy. Finally, the media is the party that must be educated earlier so that this education can resonate more with society. The following are five major media sins that we often encounter in their reporting: 1. Using the Word “Patent” for Every Intellectual Property Regime Because the Indonesian Dictionary (KBBI) still describes Patent as “a right given by the government to someone for an invention for their use and to protect it from imitation (piracy),” this word is still often used as a substitute for Intellectual Property. Patents are only one of the various types of intellectual property; that means the description from the KBBI is different from what is stated in Law No. 14 of 2001 concerning Patents. This misconception has resulted in the narrative of “patenting a trademark” or “patenting various food recipes,” which we commonly hear in large or small media coverage. Previously, we published a short article regarding the differences between Patents and other Intellectual Property here: Patented Trademark? Registering Copyright? What Are The Correct Terms? 2. Reporting Piracy, but Showing the Source Several media already have good intentions in warning the public not to access materials such as films or music that we should only be able to enjoy in cinemas or official streaming channels through illegal sites. However, in its reporting, the media displayed a screenshot containing the address of the illicit site. This is a blunder because it lures more of the public into accessing it. Such coverage can also be considered as dissemination of illegal material and can be subject to criminal sanctions as regulated in Article 113 of the Copyright Law. Therefore, keep good intentions from ending up causing problems. 3. Unauthorized Use of Material Dozens of years ago, when YouTube became increasingly popular and became a source of information with attractive visuals, TV media competed to use it as material for new programs, which they thought were unique for their loyal viewers: People live in remote areas and still have difficulty accessing the internet. The media’s opinion then was, “Everything on the internet means the public can access it so that it can be used commercially for free.” This contradicts Article 8 of the Copyright Law, which states that only the creator or, in this case, the creator/ photographer/ original video maker has the right to Economic Rights over his creation. In other words, if the media wants to make a TV program based on these works, let alone get advertising from their broadcast, they must obtain permission from the creator. Even platforms like YouTube are subject to Copyright Laws. The Terms of Service state that any violations can be followed up with applicable legal processes. Assuming that each work can still be used freely under “fair use” will not apply if the creator objects. Currently, although the media is more aware of copyright issues by including the address of the original material, this is only a justification for publishing it with permission. So, to avoid lawsuits in the future, please make sure to first ask permission from the owner of the material you want to use as coverage/program material. 4. Overclaim on YouTube When mainstream media began to use YouTube as an additional source of income, they also uploaded all their programs and coverage on that streaming channel so that viewers could watch the material anytime, anywhere. Based on legality and high viewership, YouTube also indirectly gives confidence that every material uploaded by them is considered to have “strong copyright protections.” This becomes dangerous when the media uploads material that does not belong to them. For example, when making a report or interviewing a content creator. To make the visuals attractive, the media will display a few minutes of video insert made by the creator. The creator had long published the video on YouTube. Still, after the media uploaded its coverage program containing part of the video, the creator’s video was deemed to have violated copyright. This has happened several times and has gone viral on social media. Luckily, cases like this do not result in criminal charges because they can be resolved by turning off copyright protection on videos uploaded by the media. 5. Glorification of Intellectual Property Violations This last sin can be said to be the one we encounter most often, which indirectly maintains violation activities to continue to occur in Indonesia. In the name of “Good News,” media reports often feature success stories from Small and Medium Enterprises (SMEs) in rural areas. However, the problem is the business activities carried out by these SMEs violate Intellectual Property. For example, making handicraft products, fabrics, or clothing that utilize popular characters from abroad without permission. The media proudly described their huge income as an “inspirational success story.” For those of us who understand this condition, it will undoubtedly be uncomfortable because the media reporters who cover these activities should be able to spearhead efforts to educate the public regarding Intellectual Property awareness. Please don’t use other people’s protected characters again when their production numbers are already high. It’s time to produce original characters, which are not impossible to provide added value for SMEs. By ignoring it, the media endangers these SMEs by positioning them as open shooting targets for the actual IP owners. With the news of the enormous income generated, the original owner will file a lawsuit at the highest level, and whose fault is that? That’s all the five significant media sins we see frequently today. Hopefully,…

印度尼西亚专利维持费实用指南

Intellectual PropertyBy AFFA IPR September 8, 2023

何时在印度尼西亚支付专利维护费？本文提供正确的指南，可确保您不错过最后期限并维持专利权。时间至关重要：何时付款最合适？印尼关于计算专利延期到期日的规定非常简单。本文不仅涉及首次续保，还包括每年要注意的所有延期到期日。您需要记住的第一件重要事情是：在专利申请过程中，无需支付专利维持费（年费）。您需要在专利正式注册 6 个月后支付新的维持费（该日期指专利注册日期，可在知识产权总局发布的专利申请公告函上查看）。该维护费包括自申请之日起至专利授予之年的第一年应支付的年费，以及下一年的年费。例如，如果专利从2023年2月1日起注册，您必须在2023年8月1日前直接向知识产权总局（DJKI）支付第一笔专利维护费。请注意，如果您未能在该日期前付款，注册专利将被撤回或删除。专利年度续费付清专利维持费后，下一笔付款是年费，顾名思义，您必须每年支付年费。下一年度的年费最迟应在下一年度保障期的同一申请之日前 1（一）个月支付。换言之，如果专利申请日期是11月9日，即每年的10月9日是年度续期的到期日。如果您对印尼专利维持费/续展费仍有疑问，请随时通过电子邮件与我们联系：[email protected]。来源：《印度尼西亚共和国法律 2016年第13号专利法》

A No-Nonsense Guide to Patent Annuity Payment in Indonesia

Patent, Intellectual PropertyBy AFFA IPR September 8, 2023

Are you wondering when to pay those critical Patent Renewal fees in Indonesia? Please read the following to learn the important deadlines. Timing is Everything: When Do Those Renewal Fees Kick In? Indonesia’s calculation of renewal due dates is actually pretty straightforward. We are not just talking about the inaugural renewal due date but all future ones as well. Here’s the kicker: No annuities are due while your Patent is still in the application process. Your first payment becomes due 6 (six) months after the Patent grant date (you can always refer to the Notice of Allowance issued by the Indonesian Patent Office). And that payment isn’t just a one-off; it covers all the annuities that would have been due while your application was still pending – it’s a back-payment of sorts. For instance, if your Patent was granted on February 1, 2023, you must settle the first annuity payment by August 1, 2023, to the Directorate General of Intellectual Property (DGIP). Please note that the granted Patent will be deemed withdrawn/invalidated if the payment deadline is missed. Yearly Renewals Explained Once you have settled that first payment, let’s keep the ball rolling. Every year, one month before the anniversary of your original filing date, another annuity will knock on your door. To paint a clearer picture: If you initially filed your Patent on November 9, mark your calendar because all subsequent renewals must be settled by October 9 each year. Should you have any questions about Patent annuity payments in Indonesia, please do not hesitate to contact us at [email protected]. Source: Law No. 13 of 2016 on Patents (Patent Law)

Bogey Business: The Rough Ride of Counterfeit Clubs and Apparels in Indonesia

Intellectual PropertyBy AFFA IPR September 1, 2023

Indonesia, renowned for its breathtaking landscapes and intricate cultural tapestry, has recently seen an unwelcome trend infiltrating its golfing community: the proliferation of counterfeit golf clubs and apparel. As the sport’s popularity continues to surge in the archipelago, the market for cheaper alternatives has thrived. But this search for affordability might come at a greater cost, not only affecting the game’s quality but also influencing social perceptions within the golfing circle. Unfortunately, counterfeit clubs and apparel are widely found both online and offline. Several Instagram pages in Indonesia have been educating consumers about the differences between the original products and the counterfeit ones. 1. Game Integrity at Risk Counterfeit golf clubs, often made of subpar materials and lacking in technological advancements, don’t perform at the same level as their genuine counterparts. Clubs are specifically engineered for precise weight distribution, flexibility, and balance. When one uses a counterfeit, they’re risking unpredictable ball trajectories, reduced shot distances, and less forgiving mishits. This makes it extremely difficult for players to refine their skills and achieve consistency. Such inconsistencies not only frustrate players but can also lead to a lack of confidence in their abilities. For those unaware they are using counterfeit equipment, it may seem like their skills are at fault rather than the club. 2. Social Judgments on the Fairway In golf, much like other sports, there’s an unspoken code of conduct, respect, and a shared pursuit of authenticity. Using genuine equipment signifies a commitment to the game and its traditions. Therefore, when someone knowingly or unknowingly sports counterfeit gear, it can be met with skepticism and judgment from peers. This judgment can manifest in various ways: silent side glances, hushed conversations at the clubhouse, or even outright confrontations on the course. Counterfeit apparel and clubs may unwittingly label a player as inauthentic or as someone who doesn’t value the true essence of the game. 3. Impact on Authentic Brands and Local Economy The spread of counterfeit products doesn’t only impact players and their social standing; it also affects genuine brands that invest heavily in research and development. These brands rely on sales to fund their innovation, and counterfeit sales undermine this. Furthermore, local retailers selling genuine products are undercut by these cheaper alternatives, leading to potential business closures and loss of employment. 4. Way Forward Addressing the issue requires a multi-faceted approach. First, awareness campaigns can educate players about the downsides of counterfeit equipment. Golf clubs and associations can also play a pivotal role by organizing equipment verification days or partnering with brands for authentic equipment promotions. Moreover, stricter regulations and better enforcement can curb the import and sale of counterfeit golf products. Collaborative efforts between the government, industry stakeholders, and the golfing community can create a robust defense against this rising challenge. In conclusion, while the allure of affordable golf clubs and apparel might seem tempting, the repercussions go beyond just an individual’s game. A collective effort is needed to preserve the integrity of the sport and maintain the respect and camaraderie that golfers share in Indonesia and around the world. Should you require further information and assistance regarding IP infringements related to golf clubs and apparel in Indonesia, please get in touch with us at [email protected], [email protected], and [email protected]. Source: Instagram GOLFELLAS

Exploring the Intellectual Property Game in Basketball

Intellectual PropertyBy AFFA IPR August 25, 2023

When we think of basketball, the first things that come to mind are slam dunks, crossovers, and buzzer-beating shots. But did you know that the world of basketball also involves its fair share of Intellectual Property? From iconic logos to innovative technologies, the game has its own unique IP game. Let’s take a jump shot into basketball and some of its Intellectual Property. 1. Trademark for Team Logos: Just like the game itself, team logos are integral to the identity of basketball teams. The LA Lakers’ iconic logo or the Chicago Bulls’ fierce emblem aren’t just symbols; they’re also protected Trademarks, ensuring their uniqueness and preventing unauthorized use. 2. Patents for Innovative Footwear: Basketball shoe technology has come a long way. From Air Jordan’s game-changing cushioning to Adidas’ Boost technology, Patents often protect these advancements. These Patents encourage innovation and safeguard the hard work of creating performance-enhancing gear. 3. Copyright for Broadcasts and Analytics Software: The exhilarating dunks and clutch plays would be the same with the broadcasters who capture the moment. These broadcasts are subject to Copyright, ensuring that the creative work involved in producing them is acknowledged and protected. The modern game is heavily influenced by data analytics and software. The algorithms and software tools used to analyze player performance and strategy are valuable Intellectual Property assets. As we cheer for our favorite teams and players, remember the ‘behind-the-scenes game’ of Intellectual Property that contributes to the excitement on the court. From Trademarks to Patents and Copyrights, basketball is more than just a sport; it’s a field where innovation and creativity are valued and protected. Should you require further information and assistance regarding Intellectual Property in sports, please get in touch with us at [email protected]. Source: World Intellectual Property Organization FIBA Basketball

ASEAN Launches “IP Register” to Boost Intellectual Property Protection

Intellectual PropertyBy AFFA IPR August 23, 2023

The Association of Southeast Asian Nations (ASEAN) and the World Intellectual Property Organization (WIPO) launched the ASEAN Intellectual Property (IP) Register on August 20, 2023, in Semarang, Indonesia. The IP Register is a one-stop technology developed by the ASEAN Intellectual Property Office to facilitate the exchange of data on Patents, Trademarks, Industrial Designs, and others that have already been registered. The launch of the IP Register is part of a Memorandum of Understanding (MoU) signed by ASEAN and WIPO in 2022. The MoU aims to expand cooperation between ASEAN and WIPO in specific areas through a future-focused and impact-driven approach. It also seeks to complement the ongoing partnership under the ASEAN Intellectual Property Rights Action Plan (AIPRAP) 2025. The specific areas referred to in the MoU aim to meet the new and emerging needs of underrepresented stakeholders from the business and creative communities, such as small and medium enterprises (SMEs), startups, creators, and other IP-related parties. The IP Register is expected to boost intellectual property protection in ASEAN by providing a single portal for stakeholders to conduct seamless Patent, Trademark, and Industrial Design searches. It will also help to facilitate the registration of IP Rights in ASEAN, which can help businesses and creators to protect their innovations and creations. The launch of the IP Register is a significant milestone in ASEAN’s efforts to build a more conducive environment for innovation and creativity. It is also a testament to the strong partnership between ASEAN and WIPO in promoting Intellectual Property protection in the region. Here are some of the benefits of the IP Register: Provides a single portal for stakeholders to conduct seamless Patent, Trademark, and Industrial Design searches. Helps to facilitate the registration of IP Rights in ASEAN. Help businesses and creators to protect their innovations and creations. Boost Intellectual Property Protection in ASEAN. Create a more conducive environment for innovation and creativity in the region. The IP Register is a valuable tool for businesses, creators, and other stakeholders in ASEAN. It is expected to play a significant role in boosting Intellectual Property protection in the region and promoting innovation and creativity. Should you require further information and assistance regarding IP Protection in Indonesia or abroad, please contact us at [email protected]. Sources: ASEAN.org Directorate General Intellectual Property

Similar But Not The Same – The Difference Between Franchising and Licensing in Indonesia

Intellectual PropertyBy AFFA IPR August 21, 2023 3 Comments

Franchising and Licensing are two popular business models that allow businesses to expand their reach and grow their profits without investing heavily in new infrastructure or resources. However, there are some critical differences between the two models, both in terms of how they work and how they are regulated by Indonesian law. In a Franchise arrangement, the Franchisor grants the Franchisee the right to use its Brand, Trademarks, Intellectual Property, and Business Model in return for a fee. The Franchisee is then responsible for operating the business by the Franchisor’s standards. In a Licensing arrangement, the Licensor grants the Licensee the right to use its Intellectual Property (e.g., Trademarks, Patents, Industrial Designs, and Copyrights) in exchange for a fee and for a certain period. The Licensee is then responsible for developing and marketing its own business using the licensed Intellectual Property. The Indonesian government regulates franchises through the Government Regulation No. 42 of 2007. This regulation sets out the requirements for Franchisors and Franchisees, including registering the franchise with the Ministry of Trade. The law also establishes restrictions on franchise arrangements, such as the requirement for franchisors to provide franchisees with specific information about the franchise business. The legal basis governing franchising and licensing also differs. Franchise activities are regulated through Government Regulation No. 42 of 2007, strengthened by the Minister of Trade Regulation No. 71 of 2019. This regulation regulates the requirements for Franchisors and Franchisees, including regulations governing the registration of franchises with the Ministry of Trade, as well as specific information about the franchise business that must be provided from the Franchisor to the Franchisee. In addition to the two legal bases above, other legal grounds related to franchising arrangements are Law No. 5 of 1999, concerning the Prohibition of Monopolistic Practices and Unfair Business Competition; Law No. 40 of 2007, concerning Limited Liability Companies and Franchise Agreements that bind the party. Meanwhile, licenses more closely related to Intellectual Property are governed by Government Regulation No. 36 of 2018 concerning the Recordation of Intellectual Property License Agreements, which are derivatives of Article 41 paragraph (1) of Law Number 20 of 2016 concerning Trademark and Geographical Indications. Now let’s dive into the terms of Franchising and Licensing: FRANCHISE REQUIREMENTS By law, to conduct a franchise business in Indonesia the Franchisor will need to obtain the Franchisor’s STPW (permit registration) and Commitment Registration to the Ministry of Trade by registering the Franchise proposal documents and agreement draft. The Franchisee will need to do the same thing to obtain Franchisee’s STPW permit and Commitment Registration. Required documents for Registration of Prospectus (Franchisor’s permits) of the Offered Franchise (to be filed by the Franchisor, notarized, and attested by the Indonesian Embassy) are as follows: Power of Attorney Application Letter (STPW) Details of Franchisor Identity Copy of the ID card of the Directors/Owners of the Franchisor Copy of Business License of the Franchisor History of Business of the Franchisor Organisation Structure of the Franchisor (from Board of Commissionaires, Shareholders, Directors, up to its operational level) Audited Financial Statements for the last 2 years Number of outlets owned by the Franchisor List of current Franchisee Rights and Obligations of the Franchisor and Franchisee List of Composition and numbers of franchised goods used by the Franchisee List of Composition of required manpower Trademark registration certificates in Indonesia or filing receipt of the Trademark application in Indonesia. Copy of Franchise Agreement. After the prospectus (Franchisor’s permits) has been registered in the Ministry, the franchisor can begin the franchisee’s agreement. The franchisee must also register the signed agreement. Required Documents for Registration of Franchise Agreement (to be filed by the Franchisee): Power of Attorney (by the Franchisee) Application letter made by Franchisee on the Franchisee’s company letterhead. Copy of the Prospectus of the offered Franchise; Copy of Article of Association of Franchisee’s company Copy of the Business Licenses of the Franchisee; Copy of the ID card of the Directors/owners of the Franchisee Copy of the Franchise Agreement and its Indonesian translation; Copy of Certificate of trademark registration. Composition and numbers of the employees (foreign and local staff) Composition and numbers of franchised goods used by the Franchisee The documents above must be translated into the Indonesian language. LICENSE AGREEMENT RECORDATION REQUIREMENTS Required documents for recordal of Trademark license agreement: Executed License Agreement duly notarized by Notary Public in the relevant country Copy of the trademark registration certificate Power of Attorney (simply signed) Identity of the signors Deed of Incorporation of the parties (if any) The followings have to be included in the license agreement: Place & Date of the letter signing Details of the parties including the address Object of trademark license (trademark registration no.) Terms of use (exclusive, non-exclusive, sub-licensable, or not) Duration Territory For more information about IP License Agreement in Indonesia, you can read our previous articles here: Indonesia’s IP Odyssey: Unraveling the Ins and Outs of IP License Agreement Recordal From the description above, if you already have a business with a proven and duplicable business model for at least two years, you can try running a franchise business as a Franchisor. On the other hand, if you want to start running a company from a proven business, you can become a Franchisee. However, you can run a Licensing business if you are an IP owner who can provide freedom in IP management, including marketing strategies, as a Licensor. On the other hand, for those of you who have a lot of creative ideas to run a business from an IP you don’t own, you can apply for a license from the IP owner, and act as a Licensee. Should you require further information and assistance regarding Franchise & IP Licensing in Indonesia, please contact us at [email protected]. Source: Government Regulation No. 42 of 2007 concerning Franchising Minister of Trade Regulation No. 71 of 2019 concerning The Implementation of Franchise Law No. 20 of…

Boom or Bust: The Risk of Patenting a Nuclear Weapon in Indonesia

Patent, Intellectual PropertyBy AFFA IPR July 28, 2023

Oppenheimer, a Christopher Nolan film, has been screened in Indonesia since July 19, 2023. IP practitioners, especially patent observers, must take advantage of this film. Apart from being studded with stars, starting from Cillian Murphy, Emily Blunt, Matt Damon, and Kenneth Branagh to Robert Downey Jr., this film raises the ethical side of an invention that shook the world. As the title suggests, this film exposed Julius Robert Oppenheimer‘s life as the Scientific Director of the Manhattan Project, which developed the first atomic bombs in the United States. After the success of the bomb ending World War II, Oppenheimer became a vocal critic of nuclear weapons. He saw firsthand the destructive power of these weapons and came to believe that they posed a severe threat to humanity. He also thought the patent system was inappropriate for controlling nuclear weapons and was known for not pursuing patents for his inventions. But for that vision, he was ostracized by the US government. A new change came a few years later through the Atomic Energy Act of 1954, specifically Section 218. This act, also known as the Price-Anderson Act, was enacted in response to the development of nuclear energy and the need to regulate its use in the United States. Section 218 of the US Atomic Energy Act states that no patent may be granted for any invention or discovery that is useful solely in utilizing unique nuclear material or atomic energy in an atomic weapon. Any invention or discovery specifically intended for creating or enhancing atomic bombs or other nuclear weapons cannot be granted a patent under this law. The prohibition on patents for atomic weapons is part of the broader regulatory framework aimed at controlling and safeguarding nuclear technology and materials to prevent their misuse and proliferation. The law aims to ensure that nuclear technology is used for peaceful and controlled purposes, such as energy production and medical applications, rather than for weapons of mass destruction. The Indonesian Context In Indonesia, if a Patent application is related to nuclear (weapons), then it is related to the interests of state defense and security as regulated in Article 50 of Law Number 13 of 2016 on Patents: Article 50 (1) If an Invention relates to the interests of state defense and security, the Minister determines that the Application for the Invention is kept private after consulting with the agency administering government affairs in the state defense and security field. (2) The Minister shall let the Applicant or his Proxy know in writing about the determination of the unannounced Application as referred to in section (1). (3) Unannounced application documents consulted with government agencies, as referred to in section (1), are exempt from the provisions as referred to in Article 45 section (1). (4) Government agencies, as referred to in section (1), must maintain the confidentiality of the Invention and Application documents consulted. Thus, it can be concluded that the. Patents related to national security and defense (for example, nuclear weapons) can be protected. It is just that some provisions still prevent these applications from being published to the public in the publication stage for six months due to susceptible and sensitive information that should not be known by the public. In addition, if the Patents are related to weapons, then by law the government can only implement them based on national defense and security considerations. This is regulated in Article 109 of the Patent Law. The implementation itself must be non-commercial and for domestic protection needs only. Article 110 of the Patent Law itself further explains the types of inventions that are “vulnerable” to the use of patents by the government unilaterally, including: firearms; ammo; military explosives; interception; tapping; reconnaissance; encryption devices and cipher analysis devices; and/or other state defense and security processes and/or equipment. In Indonesia alone, there are around 139 patents related to nuclear technology that have been filed so far. However, this request is not directly related to nuclear weapons technology. Based on an accessible patent database, 51 applications were filed by applicants from Russia, 30 from the United States, and 23 from Indonesia. Should you have any questions about Patent Protection in Indonesia or abroad, please contact us at [email protected]. Source: LEMELSON-MIT BELFER CENTER Law No. 13 of 2016 on Patents (Patent Law)

The Whitest Paint: Innovation for a Hot Planet

Patent, Intellectual PropertyBy AFFA IPR July 24, 2023

Scientists at Purdue University, Indiana, United States have developed a new white paint that could revolutionize the cooling industry. The paint, which is made from a combination of titanium dioxide, barium sulfate, and silica, can reflect sunlight more effectively than any other white paint on the market. This means that it can help to keep buildings cooler in hot weather, reducing the need for air conditioning. The potential benefits of this new paint are enormous. In the United States alone, air conditioning accounts for about 15% of all electricity consumption. If this new paint could be widely adopted, it could help to reduce electricity demand and emissions significantly. In addition to the environmental benefits, the new paint could also have significant economic implications. The cooling industry is worth billions of dollars, and this new paint could open up new markets for businesses that manufacture and sell paint. The intellectual property implications of this new paint are also significant. Xiulin Ruan, a professor of mechanical engineering at Purdue University, and his students who developed the paint have filed for a new patent this July, and there will likely be a great deal of interest from other companies in licensing the technology. The development of this new white paint is a breakthrough in the fight against climate change because it could be used in a variety of applications, including roofing, siding, insulation, or even cars. Intellectual property stakeholders should be paying close attention to this technology. Even though the patent application for the new paint is still pending, the scientists who developed the paint are likely to be granted a patent, which would give them exclusive rights to the technology. The Culmination of Years of Research Back in 2020, Dr. Ruan and his students unveiled their creation: a type of white paint that can act as a reflector, bouncing 95 percent of the sun’s rays away from the Earth’s surface, up through the atmosphere, and into deep space. A few months later, they announced an even more potent formulation that increased sunlight reflection to 98 percent. The paint’s properties are almost superheroic. It can make surfaces as much as eight degrees Fahrenheit cooler than ambient air temperatures at midday, and up to 19 degrees cooler at night, reducing temperatures inside buildings and decreasing air-conditioning needs by as much as 40 percent. “It is cool to the touch, even under a blazing sun,” Dr. Ruan said. Unlike air-conditioners, the paint doesn’t need any energy to work, and it doesn’t warm the outside air. In 2021, Guinness declared it the whitest paint ever, and it’s since collected several awards. And in July 2023, they applied patent application for the lightweight version. If you have some innovations that need to be protected in Indonesia, don’t hesitate to contact us via [email protected]. Source: New York Times

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