AI-A-Threat-to-Our-Intellectual-Property

AI: A Threat to Our Intellectual Property?

Patent, Intellectual Property, Copyright

AI: A Threat to Our Intellectual Property? AI is a branch of computer science that deals with creating intelligent agents, which are systems that can reason, learn, and act autonomously. AI research has been highly successful in developing effective techniques for solving a wide range of problems, from self-driving cars, medical diagnosis, product recommendations, creating articles or songs based on voice collections, and processing very realistic images.   The sophistication of AI also makes the operation of an application no longer need to be done manually. For example, not by carrying out a series of actions or commands via menu clicks but simply by writing down the command, the AI will carry out the operation automatically. However, this sophistication is open to controversy because the basis of AI’s capabilities comes from a collection of data taken without permission from what is already available on the internet. This is undoubtedly dangerous for Intellectual Property.   In general, AI can harm Intellectual Property in the following 3 (three) ways:   1. AI Can Copy Your Work AI can be trained on a massive dataset of text, images, and code. This means that it can learn to reproduce your work, even if you have taken steps to protect it, such as copyrighting it.   2. AI Can Create Derivative Works AI can be used to create new works based on your original work. For example, an AI could be used to create a new painting based on your existing painting.   3. AI Can Use Your Work Without Attribution AI can be used to create new works that do not give you credit for your original work. This can happen if the AI is not properly trained or if the person using the AI does not understand the importance of attribution.   Recognizing the potential for Intellectual Property infringement that AI-based applications can carry, several countries have taken steps to prevent further disputes. Some of these countries are Japan and the European Union.   AI Copyright Protection for Japanese Artists Agency for Cultural Affairs Government of Japan) on May 30th, the statement “Regarding the relationship between AI and copyright” divides AI use into two stages: First Stage AI can be used for research and education purposes without requiring Copyright permission, but this has limitations if it exceeds recognized necessary limits or harms the Copyright holder’s interests.  Second Stage If AI-generated works are published or sold as reproductions and infringe Copyright laws, the Copyright holder has the right to take legal action, potentially leading to criminal penalties.   The document emphasizes strict penalties for Copyright Infringement through AI-generated works that are almost identical or clearly dependent on existing copyrighted works. Japan plans to raise awareness about these issues through seminars and collaborate with legal experts to proactively regulate commercial AI and protect the copyrighted works of Japanese artists and creators.   This approach signifies Japan’s commitment to shield copyrighted creative work, data, and materials from commercial AI use, potentially impacting AI developers and users aiming to exploit stolen art and creative works for profit. The move marks a potential turning point in the fight against Copyright Infringement by AI, providing more vital protection for artists’ Intellectual Property.   In the next article, we will discuss The Artificial Intelligence Act (AIA) the European Union’s draft for AI regulation related to the protection of Intellectual Property.   If you need further information regarding the registration and protection of Intellectual Property in Indonesia and abroad, don’t hesitate to contact us via [email protected]. Sources: IBM PC Watch  

Patent-Prosecution-Highway-between-Indonesia-and-South-Korea-affa

Patent Prosecution Highway between Indonesia and South Korea

Patent, Intellectual Property

Patent Prosecution Highway between Indonesia and South Korea Starting this December, the Indonesian Patent Office (DGIP) and the Korean Intellectual Property Office (KIPO) began implementing the Patent Prosecution Highway (PPH) program. This program aims to ensure that South Korean companies entering Indonesia can obtain Patent Examinations more quickly, from 40 months to just 18.4 months.   This KIPO PPH collaboration with DGIP is the 10th Bilateral PPH after previously collaborating with IMPI (Mexico – July 1, 2012), IPOPHL (Philippines – May 1, 2015), TIPO (Taiwan – July 1, 2015), EAPO (Eurasia Patent Office – January 1, 2019), IPVN (Viet Nam – June 1, 2019), SAIP (Saudi Arabia – July 1, 2019), INPI (Brazil – April 1, 2020), and MyIPO (Malaysia – December 1, 2020 ), INPI (France – September 1, 2022). It is called Bilateral PPH because it is still a pilot program, before finally becoming Global PPH, as has been implemented in IP5 countries (China, Japan, USA, & EU) and other 24 countries, such as the UK, Singapore, Australia, and Russia.   The Basic Concept PPH  Where an Office of First Filing (OFF) has assessed the patentability of a Patent Application, an Office of Second Filing (OSF) offers the Applicant accelerated examination for the corresponding Application, provided that certain conditions are met. Those conditions include sufficient correspondence in the claims of the two applications and the search and examination results of an OFF being made available to an OSF.   Under the PPH program, the examination results of an OFF are used to expedite the application process in an OSF, thereby reducing the workload and improving patent quality. If deemed patentable by an OFF, the corresponding application is filed in advance for accelerated examination in an OSF.   This PPH program is divided into two categories: PPH using the National Work Products and PPH using the PCT International Products from the KIPO. The following are the procedures for each category:   1. PPH using the National Work Products from the KIPO Applicants can request accelerated examination by a prescribed procedure including submission of relevant documents on an application filed with the DGIP and satisfies the following requirements under the DGIP-KIPO Patent Prosecution Highway (PPH) pilot program based on the KIPO application.   When filing a request for the PPH pilot program, an applicant must submit a request form to the DGIP.   The offices may terminate the PPH pilot program if the volume of participation exceeds a manageable level, or for any other reason. Ex Ante notice will be published if the PPH pilot program is terminated. The PPH pilot program will be in effect for three (3) years commencing on 8 December 2023 and will end on 8 November 2026. However, the program may be extended after a joint DGIP – KIPO review and assessment of the program implementation.   Requirements a. Both the DGIP application on which PPH is requested and the KIPO application(s) forming the basis of the PPH request shall have the same earliest date (whether a priority date or a filing date). For example, the DGIP application (including the PCT national phase application) may be either: an application that validly claims priority under the Paris Convention from the KIPO application(s) except for a complex priority. Example: A. Paris Route B. PCT Route C. PCT Route – Domestic Priority D. Paris Route – Complex Priority E. Paris Route – Divisional Application F. PCT ROUTE an application that provides the basis of a valid priority claim under the Paris Convention for the KIPO application(s) (including PCT national phase application(s)). Example: A. Paris Route   B. PCT Route a PCT national phase application where both the DGIP application and the KIPO application(s) are derived from a common PCT international application having no priority claim. Example: A. Direct PCT Route B. Direct PCT & Paris Route C. Direct PCT & PCT Route D. Direct PCT & PCT Route   b. Patent applications have been initiated in the Office of the KIPO or the DGIP. Patent applications belong to a patent family of which at least the earliest application was filed with the DGIP or the KIPO acting as a national office. The DGIP application which validly claims priority direct PCT applications is also eligible. Example: A. Paris Route BUT the First Application is from the Third Country B. PCT Route BUT the First Application is from the Third Country c. At least one corresponding application exists in the KIPO and has one or more claims that are determined to be patentable/allowable by the KIPO. The corresponding application(s) can be the application that forms the basis of the priority claim, an application derived from the KIPO application that forms the basis of the priority claim (e.g., a divisional application of the KIPO application or an application that claims domestic priority to the KIPO application, example:   or a KIPO national phase application of a PCT application.  Example: A. PCT Route B. Direct PCT Route C. Direct PCT & PCT Route D. Direct PCT & PCT Route Claims are “determined to be patentable/allowable” when the KIPO examiner identifies the claims as patentable/allowable in the latest office action, even if the application is not granted for patent. The office’s action includes: Decision to Grant a Patent Notification of Reasons for Refusal Decision of Refusal Appeal Decision For example, if the following routine expression is described in the “Notification of Reason for Refusal” of the KIPO, those claims are clearly identified to be patentable/allowable. “<Claims which has been found no reason for refusal> At present for an invention concerning Claim, no reason for refusal is found.”   d. All claims on file, as originally filed or as amended, for examination under the PPH must sufficiently correspond to one or more of those claims indicated as patentable/allowable in the KIPO. Claims are considered to “sufficiently correspond” where, accounting for differences due to translations and claim format, the claims in the DGIP are of the same or similar scope as the claims in…

5-Common-Types-of-IP-Violation-in-Indonesian-E-Commerce-affa-global

5 Common Types of IP Violation in Indonesian E-Commerce

Intellectual Property

5 Common Types of IP Violation in Indonesian E-Commerce The presence of e-commerce has changed the shopping habits of Indonesians. Statista Market Insights data predicts that users by the end of this year will reach 196.47 million, or an increase of more than 22 million since 2022.  The Central Bank of the Republic of Indonesia also stated that the value of e-commerce transactions in 2022 will reach IDR 476.3 trillion. This number is predicted to continue to increase because active e-commerce users in Indonesia still account for only around 30% of transactions in cyberspace.   By now, opening an e-commerce site or app is the easiest way to compare the cheapest product we want. However, with all this convenience, you must still be aware of the potential for Intellectual Property violations in e-commerce. You need to remember that even though the platform organizers have tried to carry out sorting even with AI, it will only be helpful if you, who have self-screening capabilities, are easily tempted by the low prices of products that should be expensive.   Counterfeit goods are not the only potential for Intellectual Property (IP) violations in e-commerce; there are at least 5 (five) types of IP violations, which we can describe as follows:   1. Sale of Counterfeit Goods Even when selling fake goods, the method is more sophisticated, not blatantly using names or products with very different qualities. a. Photos taken from the official site; Suppose the seller is not an official store but uses an official photo. In that case, you should immediately be suspicious and use your right to ask for some actual photos of the product before making a transaction.   b. Preloved with invoice; If the seller uses pictures that show an invoice with the product, like pretending it was purchased from an official store, please don’t hesitate to ask for some photos of the actual product before making a transaction.   c. Normal price for a counterfeit product; If you are a collector of specific brands, you must know the shape, color, or placement of the official logo on the product. You may also know how many variants are produced for this season, including the look of the limited variants. So you won’t be deceived when you find a product with a different color, which shouldn’t be available in the market, even though it is the same price as the original product.   d. Using the word ORI or SUPER ORI or HIGH GRADE; The word “ori,” which means original, should only be used for authentic products. However, sellers of counterfeit goods have recently used this word to attract buyers. Moreover, if the inclusion of the word “ori” is coupled with the price of the item being much cheaper, you should be suspicious of its authenticity.   e. Cheap products directly from the factory. It would be best if you were also wary of this description when you find a cheaper good on e-commerce. Only official stores or distributors can do this if the product comes from Indonesia and gets wholesale price benefits. Another possibility is stolen goods that are not complete or of bad quality. Are you sure you still want to buy something like that?   2. Promoting Product Without Verification This type is the same as in the first category; the difference is that it involves the lure of a big discount, which results in the price being much lower than the market, but it is not sold by official stores or distributors (which in the same time are not providing the same promotions). Apart from the possibility that what is being sold is not a genuine product, it could also be that the product is smuggled without paying official import taxes, with questionable completeness and quality.   3. Selling Irresponsibly Through E-Commerce Sometimes, some health and beauty products are sold using a “direct selling” scheme, and sale activities via e-commerce are prohibited. Because their exclusive products are only sold through direct selling methods to downlines/registered members. So direct sales to the public (non-members) are a violation because they destroy the agreed business scheme and membership system.   4. SOPs for IP Violations in E-Commerce Are Not Yet Standardized Even though e-commerce has acted as an intermediary that will hold funds from buyers and return them if there is a problem with the goods, there are still loopholes that allow transactions to be completed even though the goods have a problem. For example, the buyer forgets to unbox with a video or only immediately checks the item’s authenticity after the deadline. If you are caught in this problem, the procedures of complaint from each e-commerce are not standardized. The absence of customer service that truly understands the situation makes this even more difficult. Especially if the customer service is entirely automated without involving humans.   5. Borderless E-Commerce Platform With the increasingly open cross-border international trade through e-commerce, you must understand the risks of purchasing goods outside Indonesia. If you find lower prices for goods, even though they are shipped from abroad, and you know that there is an official distributor in Indonesia, your vigilance needs to be increased even more. Because there could be an IP violation in the form of distribution without permission/violating the law/not paying import tax, which is not impossible, within the time frame of the order process, the police arrest the seller in the country of origin, and you will not get the goods you want.   All of the IP violation practices above harm you as a buyer and significantly impact the country. These losses include: Negative Reputation of Indonesian From the latest Priority Watch List (PWL) 2023 report, released by the United States Trade Representative (USTR), Indonesia, along with Argentina, Chile, India, Russia, China, and Venezuela, is still on the investment blocklist because it is prone to piracy practices. In particular, the Notorious Markets for Counterfeiting and Piracy 2022 report, also released by USTR, lists several local e-commerce sites…

印度尼西亚专利法的主要拟定修改-affa-global

印度尼西亚专利法的主要拟定修改

Intellectual Property

印度尼西亚专利法的主要拟定修改 科学技术对提高竞争力和国民经济具有重要意义。 因此，印度尼西亚必须培养具有创新精神、能够适应全球发展以及对知识产权（IP）特别是专利领域有深刻理解的人力资源。   世界知识产权组织（WIPO）的研究结果显示，全球专利申请量逐年增加。这表明，包括印度尼西亚在内的国际社会需要对其创新作品进行保护，而印度尼西亚很可能通过鼓励国内创新助推经济增长，从而产生多项创新并创造出社会所需的发明。   专利权影响着经济发展，并与技术发展和掌握情况密切相关。 每生产出一种创新产品，经济价值就会不断增加。 为了使他们的技术有应用需求并实现商业化，发明家们一直在进行调查研究。如果专利成功吸引市场兴趣，其他各方自然会使用发明家们的发明。这正是公众可通过专利许可对专利加以利用之处。   目前，在印度尼西亚进行的专利申请仍以国外申请人为主。因此，印度尼西亚知识产权局（DGIP）在开展外联活动和协助编制专利说明书（专利起草），以努力改善公众服务。希望印度尼西亚的专利能够在改善与创新、研究成果、技术发明以及商品和服务贸易相关的经济和社会福利方面发挥重要作用。   修改基础 1. 哲学基础 《专利法》不仅要为社会利益提供公平保护，还要为全球经济/来自印度尼西亚内外的专利持有人提供公平保护，并遵循基于国际协定的公认标准。 2. 社会学基础 公众需要专利制度提供更多便捷服务，以应对高速的全球发展和社会创新，而这意味着必须规范对专利制度。 3. 法理基础 《专利法》中的一些条款需要通过政策进行调整，以适应国际规定，这些政策既要满足全球发展需要，又要优先考虑社会需求。   修订目的 加强对贸易产品知识产权的保护。 保证实施知识产权的程序不妨碍贸易活动。 制定监管原则和国际合作机制，以处理因假冒或盗版知识产权而进行的商品贸易。   棘手问题 1. 国家创新问题 简单专利/实用新型（第23条） 这些修改将专利获取程序从12个月缩短到6个月，以鼓励加速国内生产和经济增长。 计算机应用程序（第4条d项） 根据4.0和5.0，为鼓励经济增长而对发明进行了扩展定义，根据此定义，在计算机上实施的发明分为系统类、方法类和使用类。为明确起见，自2016年以来，与在计算机上实施的发明相关的专利申请量已增加到每年所有专利申请总数的30-40%。 二次使用和发现（第4条f项） 关于二次使用和发现，做出这些修改是因为它们阻碍医药行业的创新，特别是为了鼓励传统医药的发展和创新。 宽限期（第6条） 宽限期从6个月延长到12个月，方便所有位于印度尼西亚的发明人注册专利。   2. 国际法规的协调问题 在印度尼西亚使用产品或工艺（第20条和第20A条） 关于专利持有人实施专利的问题，增加了内容，承认将实施进口专利和许可专利视为专利持有人按照第20条的规定实施专利。   3. DGIP的专利服务问题 修改申请人资料（第25条） 做出这些修改是因为《专利法》涉及行政要求，仍然需要在专利申请的身份内容中纳入发明名称。发明名称在专利申请中必不可少，这有助于和申请号配对以保证数据的准确性。 遗传资源（第26条） 对遗传资源和/或传统知识进行了修改，以简化专利申请程序，只需发出“声明”函即可。 加速实质审查（第55A条） 考虑到在实践中，专利申请文件在长达18（十八）个月的等待过程中会变成“睡眠文件”，因此进行了更改以使申请时间表更快、更有效；通过这种方式改善服务。 实质复审（第68条和第70条） 做出这些修改是为了解决由于仍有许多申请人不了解印度尼西亚的专利申请制度和程序，以及专利申请人与专利审查员之间沟通不畅而出现的情况，同时为希望对所作决定进行复审的申请人提供更多机会。 专利年费/续展（第112、126、127、128和128A条） 做出这些修改是为了解决在续展/支付年费实践中出现的问题。   修订方向 1. 通过增加知识产权登记，鼓励国家创新 为获得所有技术领域的专利权创造机会 降低中小企业成本 2. 适应国际法，鼓励投资 使法规适应国际法 通过保护技术来保护投资者。 3. 简化规章制度，改善服务 简化专利获取程序 改进自动化系统   如果您对印度尼西亚国内外的专利注册和保护有任何疑问或需要其他信息，请通过[email protected]与我们联系。 来源： DGIP—为支持经济发展而修订与专利相关的2016年第13号法律的紧迫性

Key-Proposed-Changes-to-the-Indonesias-Patent-Law-affa

Key Proposed Changes to the Indonesia’s Patent Law

Intellectual Property

Key Proposed Changes to the Indonesia’s Patent Law Science and technology are essential in increasing competitiveness and the national economy. Therefore, Indonesia must create Human Resources that are innovative and able to adapt to developments in global phenomena, as well as have a strong understanding of Intellectual Property (IP), especially in the field of Patents.   Based on research results from the World Intellectual Property Organization (WIPO), Patent applications worldwide continue to increase yearly. This shows that the world community needs protection for its innovative works, including Indonesia, which is very likely to produce many innovations and create inventions that society needs by encouraging domestic innovation to align with economic growth.   Patent rights impact the economy and are closely related to technological development and mastery. For every innovative product produced, there will continuously be increased economic value. Inventors always carried out research and studies so that their technology was needed and could be commercialized. If the Patent is successful in attracting market interest, it will, of course, allow other parties to use the invention they own. This is where the public can exploit the Patent through a Patent License. Currently, patent applications in Indonesia are still dominated by applicants from abroad. Therefore, the Directorate General of Intellectual Property (DGIP) strives to improve services to the public by conducting outreach and assisting in the preparation of Patent specifications (Patent Drafting). The hope is that Patents in Indonesia have a more critical role in improving the economy and social welfare related to innovation, research results, technological inventions, and trade in goods and services.   Base of Change 1. Philosophical Basis The Patent Law must provide fair protection not only for the interests of society but also for the global economy/ Patent Holders, whether from Indonesia or outside Indonesia and follow generally accepted standards based on international agreements. 2. Sociological Basis The public’s need for increased and more accessible services in the Patent regime to respond to the speed of global development and innovation in society means there is a need to organize the Patent system. 3. Juridical Basis Several provisions in the Patent Law need to be adjusted to international provisions through policies that are responsive to global development needs while still prioritizing the social needs of society.   Purposed of Amendments Increase protection of Intellectual Property Rights of traded products. Guarantee procedures for implementing Intellectual Property Rights that do not hamper trading activities. Develop regulatory principles and international cooperation mechanisms to handle trade in goods resulting from counterfeiting or piracy of Intellectual Property Rights.   Problematic Issues 1. National Innovation Issues Simple Patent/ Utility Model (Article 23) Changes were made by speeding up the Patent acquisition process from 12 months to 6 months to encourage the acceleration of domestic production and economic growth. Computer Applications (Article 4 letter d) Inventions implemented on computers are grouped into system, method, and use categories under the expanded definition of inventions carried out to encourage economic growth based on 4.0 and 5.0. For the record, since 2016, Patent Applications related to inventions implemented on computers have increased to 30-40% per year of all total patent applications. Second Use & Discovery (Article 4 letter f) Regarding Second Use and Discovery, the changes were made because they hinder innovation in the pharmaceutical sector, especially to encourage the growth and innovation of traditional medicines. Grace Period (Article 6) The Grace Period was changed by extending it from 6 to 12 months to allow all Inventors in Indonesia to register a Patent.   2. Issues of Harmonization of International Regulations Use of Products or Processes in Indonesia (Article 20 & Article 20A) Regarding the implementation of a Patent by the Patent Holder, changes are made by adding to recognize the implementation of imports and licensing as the implementation of the Patent by the Patent Holder as mandated by Article 20.   3. Patent Servicing Issues by the DGIP Changes to Applicant Data (Article 25) The changes were made because the Patent Law, which relates to administrative requirements, still needs to accommodate the title of the invention in the identity content of the Patent application.The title of the invention is essential in a Patent Application, paired with the application number for accurate data validity. Genetic Resources (Article 26) For Genetic Resources and/or Traditional Knowledge, changes have been made to simplify the Patent process by simply making a “declaration” letter. Acceleration of Substantive Examinations (Article 55A) Changes are made so that the application timeline is expected to be faster and more efficient, considering that in practice, Patent Application documents become “sleeping documents” during the waiting process for 18 (eighteen) months; in this way, services can be improved. Substantive Re-Examination (Article 68 and Article 70) The changes were made to overcome cases that occurred because there were still many Applicants who did not understand the Patent Application system and procedures in Indonesia, as well as poor communication between Patent Applicants and Patent Examiners, as well as to provide more opportunities for Applicants who wanted to review the decisions given. Patent Annuity/ Renewal (Article 112, 126, 127, 128, & 128A) Changes were made in anticipation of resolving problems that arise in the practice of fulfilling renewal/ annuity payments.   Direction of Amendments 1. Encouraging national innovation by increasing Intellectual Property Registration Opening opportunities to obtain Patent Rights for all fields of technology Cost reduction for SMEs 2. Encouraging national innovation by increasing Intellectual Property Registration Adapting Regulations to International Law Protecting investors by protecting their technology. 3. Improved services by simplifying regulations Simplifying the Patent acquisition process Improve automation systems   Should you have questions or need other information regarding patent registration and protection in Indonesia and abroad, please get in touch with us via [email protected]. Source: DGIP – Urgency of Changes to Law No. 13 of 2016 concerning Patents to Support the Economy

The-Impact-Of-Intellectual-Property-On-The-Quality-Of-Life-For-People-With-Disabilities-affa-global

The Impact of Intellectual Property on the Quality of Life for People with Disabilities

Intellectual Property

The Impact of Intellectual Property on the Quality of Life for People with Disabilities   The 2022* Asian Para Games, which ended yesterday in Hangzhou, China, showcased human civilization’s sportsmanship, high fighting spirit, and demonstrated the impact of Intellectual Property (IP) on the quality of life of people with disabilities in many ways. For example, the Games featured a wide range of patented assistive technologies used by athletes with disabilities to compete at the highest level. These patented assistive technologies included:   Running Prosthetics:  Losing a leg (or both) is not an obstacle for paralympic athletes to run; they no longer use prosthetic legs in the form of legs but unique legs in the form of carbon fiber plates, which are lighter and enable them to run like Olympic athletes. One of the Running Prosthetic manufacturers whose products are widely used is Ottobock, which currently has more than 1,800 patents.   Racing Wheelchairs: There are three sports where wheelchair use is permitted at the 2022 Asian Para Games: basketball, fencing, and tennis. Of course, they don’t compete with ordinary wheelchairs, but wheelchairs with innovative technology that makes them lighter but more robust, which allows them to act more quickly and safely.   Swim Fins: Swimming athletes who don’t have legs can use artificial fins made from silicon worn on their hands to swim faster and more efficiently.   Blindfolds: Because not all Paralympic athletes are entirely blind, for the competition to be fair, they are required to use unique cloth coverings, for example, when competing in athletics. These blindfolds are also made with an innovative design to be worn comfortably throughout the competition.   At the 2022 Asian Para Games, Indonesia achieved the highest achievement by reaching 6th place, under China, the Islamic Republic of Iran, Japan, the Republic of Korea, and India. The economic benefits obtained certainly do not only come to people with disabilities. The sporting event, which took place from October 22nd to 28th, 2023, generated billions of dollars in economic activity and created thousands of jobs from its implementation and innovative products protected by Intellectual Property.   Intellectual Property continues to play an essential role in improving the quality of life of people with disabilities in various ways, including: Encourage innovation in assistive technologies to help people with disabilities live more independent and fulfilling lives. For example, IP rights have been instrumental in developing technologies such as screen readers, speech-to-text software, and prosthetic limbs. Make assistive technologies more affordable and accessible to people with disabilities. For example, IP rights can establish licensing agreements allowing manufacturers to produce and sell assistive technologies at lower prices. Promote the inclusion of people with disabilities in the workplace and society. For example, IP rights can be used to protect the intellectual property of businesses that employ people with disabilities. This can help to create jobs for people with disabilities and reduce the stigma associated with disability.   Overall, the 2022 Asian Para Games were a powerful reminder of the positive impact that IP can have on the quality of life for people with disabilities. IP-protected assistive technologies can help people with disabilities live more independent and fulfilling lives, participate in the workplace and society, and achieve their full potential.    If you need more information about IP protection in Indonesia or abroad, please feel free to contact us via email at [email protected] Source: WIPO Magazines 2022 Asian Para Games   *) Dated 2022, as it originally marked the event scheduled for 2022, which was subsequently rescheduled to 2023 due to the COVID-19 Pandemic.

Amending-Patent-Claims-in-Indonesia-affa-global

Amending Patent Claims in Indonesia

Intellectual Property

Amending Patent Claims in Indonesia The Indonesian Patent Law allows Patent claims amendment at several stages from filing up to 3 months after the notice of grant has been issued by the Indonesian Patent Office under the Directorate General of Intellectual Property (DGIP). We herewith summarize under which circumstances the claim amendments are allowable in Indonesia.   Legal Basis The Law No. 13 year 2016 on Patents (hereinafter referred to as the “Patent Law”) regulates all aspects of patent protection in Indonesia, including the amendment of claims during various stages of the patent lifecycle. Article 39 of the Patent Law regulates the amendment of various natures. The rule of thumb when it comes to amendment is to ensure that it does not broaden the scope of protection initially applied for. Another rule of thumb to live by is that amendments are always possible provided that the application has not been granted by DGIP.   Article 67 and 69 of the Patent Law has made it possible for the post-grant amendment via the Patent Board of Appeal. However, the scope may be limited to the corrections on descriptions, claims, and/or figures once the application has been granted.    We herewith summarize the viability of claim amendments at various stages of the patent lifecycle for your perusal:   Amendments Prior to Publication The amendment of claims are possible, provided that the scope of protection is not broader than the originally filed claims.   Amendments After Publication The amendment of claims are possible, provided that the scope of protection is not broader than the originally filed claims.   Amendments Filed During the Substantive Examination Request The amendment of claims are possible, provided that the scope of protection is not broader than the originally filed claims.   Amendments after the Issuance of the Examination Results The amendments can still be filed after the examiner issues the examination results. From time to time, the examiner also suggests amendments for clarity’s sake. Please note that this is the last step when it comes to the pre-grant amendment and therefore the amendments shall be filed before the examiner issues the notice of grant/notice of rejection. Similar to the previous steps, the amendment is allowable provided that the the scope of protection is not broader than the originally filed claims.   Post-Grant Claim Amendments The post-grant amendment shall be filed by 3 months from the date of the Notice of Grant to the Patent Board of Appeal. The amendment is limited to several issues,  such as the corrections on descriptions, claims, and/or figures (may be due to the translation errors that were only picked up after the issuance of the Notice of Grant), limitation of the scope of claims, and clarifications on the content of the descriptions that are vague in nature.   The decision by the Patent Board of Appeal shall be issued within 6 months from the date when they start the examination.   Should you have any questions about patent amendments of various nature, please contact us at [email protected].

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The Intellectual Property Landscape of Tokusatsu: A Comprehensive Overview

Intellectual Property

The Intellectual Property Landscape of Tokusatsu: A Comprehensive Overview Tokusatsu (特撮) is a Japanese term for live-action (non-anime) films or television programs that heavily use practical special effects. However, in its development, this genre in Japan is mainly used in movies or series with superhero themes. From giant monsters (Kaiju) such as Godzilla and Gamera, humans who turn into giant Ultraman, masked heroes riding a bike (Kamen Rider), colorful Super Sentai heroes, metallic heroes like Gavan, and many more.   In Japan, Tokusatsu has become an enormous industry. Every year, there are at least 3 (three) new series, 2 (films) on the big screen, and dozens of OTT content, with some toys that consistently record best-selling toy sales. The BANDAI toy company, as the Master Licensee of Kamen Rider, Ultraman, and Super Sentai, records revenues of around 60 billion Yen per year from the above Intellectual Properties. Of course, this is apart from the income from broadcasting rights received by Production Houses from broadcasting throughout the world.   Then, what other Intellectual Properties are related to Tokusatsu? Here is the explanation:   1.      Copyright Copyright is Intellectual Property in science, art, and literature resulting from inspiration, ability, thoughts, imagination, dexterity, skills, or expertise expressed in real form. According to the Copyright Law, the work is called Creation, and the creator is for sure called the Creator. Because one individual does not make Tokusatsu but is a joint work of several companies, the Creator can be the designer or production leader with the title of Producer, but these companies own the Copyright Holder. For example, the late Shotaro Ishinomori is recognized as the creator of the Kamen Rider series. Still, the Copyright Holder is listed as jointly owned by Ishimori Pro (Shotaro’s company), TV Asahi (the broadcasting TV station), and TOEI (the production house). Companies registered as Copyright Holders can also be seen from writing such as “(C) 2023 石森プロ・テレビ朝日・東映” in various published materials. Tokusatsu’s works related to Copyright are not only the series or films but also the songs, scripts, characterizations, illustrations, and books related to them. Copyright is protected as long as the creator is alive, plus 70 years after that, and cannot be extended. Protected here means that only the Copyright Holder has Economic Rights and Moral Rights, so that no other party may publish, duplicate, translate, adapt/arrange/transform, distribute, announce, communicate, or rent it without the permission of the Copyright Holder.   2.      Trademark Trademark in Tokusatsu is not the additional protection but the primary Intellectual Property, which makes the name unique, along with the logo, which makes it different from other works already on the market. In contrast to Copyright, which does not need to be registered, Trademarks must be registered to obtain protection. When applying for a Trademark, it is necessary to provide information about the appropriate protection classes according to its products and/or services. The number of classes registered for the Tokusatsu series, which airs throughout the year, usually reaches 22 classes, but for films, it is only around 6 (six) to a dozen. This significant difference in numbers is because broadcasts present throughout the year will also have more derivative products and services that can be produced, and all of them must be protected from the possibility of being exploited by other irresponsible parties. Some of the trademark classes that are usually registered for the Tokusatsu series that air throughout the year are classes 32 (beverages), 30 (processed food), 28 (toys), 25 (clothing), 16 (paper), and 9 (electronic equipment). Uniquely, the Trademark Registration process is open from the start of the application process, which can be accessed by the public via the Japanese Patent Information site, providing a means for fans to get a sneak peek at the name of the new Tokusatsu series, several months before the official announcement.   3.      Industrial Design In the world of Tokusatsu, there is a unique symbiotic mutualistic relationship between toy manufacturers and Copyright Holders. It is so unique that it is common knowledge that the Tokusatsu series is called a toy advertisement that airs throughout the year. As a toy manufacturer and shareholder of the Tokusatsu producers, BANDAI also provides other support, namely making character designs, so that they can be immediately ready to be produced in various kinds of toys liked by fans of various ages from abroad. The Industrial Designs for Tokusatsu toys registered by BANDAI can also be seen on the Japanese Patent Information site. Uniquely, even though the Industrial Design is registered and owned by BANDAI, all names involved in the creative process, including representatives from the production house, are still registered as the Designer. Registration of Industrial Designs for these toys is essential so that no other party makes imitation products. Because the practice of pirating Tokusatsu toys is usually done by producing the same toys but with different Trademarks. So by registering, even if these pirates escape the trap of Trademark violations, they will not escape Industrial Design violations.   4.      Patent Patents are one type of Intellectual Property that needs to be understood in Indonesia. It is as if the patent is Intellectual Property, even though it is only one type. Patents are Intellectual Property directly related to innovation and technology with novelty value. If associated with Tokusatsu, the patent protection could be in the thin but strong action figure joint technology, toy sensors that can be activated by finger movements or inserting a coded card, and BANDAI owns all the patents.   5.      Trade Secret The formula used to make a hero’s costume that is strong but light, to the right amount of chemicals to cause a significant but safe explosion, as well as other secret formulas, can be kept as Trade Secrets. These secrets make Tokusatsu a spectacle that continues to amaze fans, and all team members involved are bound by a Non-Disclosure Agreement (NDA).   6.      License Agreement After having a recorded Copyright…

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Racing Ahead: A Comprehensive Guide to IP in MotoGP

Intellectual Property1 Comment

Racing Ahead: A Comprehensive Guide to IP in MotoGP   The 2023 Mandalika MotoGP in Indonesia on October 15 again brought Ducati racer Francesco Bagnaia to the top of the standings with 346 points. The event, officially called “Pertamina Grand Prix of Indonesia 2023”, is the 15th race of the 20 MotoGP World Championship series, which is in a year generating a turnover of around 500 million Euros or about 8.3 trillion Rupiah.   Dorna Sports S.L., a company from Spain that has held MotoGP Commercial Rights from the Fédération Internationale de Motocyclisme (FIM) since 1992. In Dorna’s hands, the fastest motorbike racing event on land has become the most expensive in the world with its Intellectual Property business. In 2021, Dorna Sports successfully recorded 137 million Euros just from selling Broadcast Rights to various TV and streaming platforms to broadcast each competition live. Income from Broadcasting Rights is said to reach 66% of the total income from all Intellectual Property (IP) businesses carried out. So, what other IPs are related to the implementation of MotoGP?   Trademark The first is, of course, MotoGP’s unique naming and logo. Dorna has registered MotoGP in 22 existing Trademark classes, whose protection extends to 53 countries worldwide. Of the 22 Trademark classes, it includes class 25 (clothing, shoes, hats), 28 (toys), and 30 (tea & coffee), apart from, of course, class 41 (sports activities), which is the core of its business. In Indonesia, the “MotoGP” Trademark is still protected until 2027 and can be extended every ten years.   Apart from that, Dorna also registered Trademarks for various derivative businesses related to MotoGP, such as MotoGP Kids, MotoGP VIP Village, and MotoGP Legends. By registering all the Trademarks, Dorna has become the owner of the Exclusive Rights to MotoGP and prevents the possibility of other parties registering identical or similar names in the future.   Copyright Race materials, images, promotions, and other content related to MotoGP are included in the Copyright category. As the holder of Commercial Rights to MotoGP, Dorna also owns the Copyright to MotoGP. Thus, it has the right to regulate and control the use of all Copyrights related to MotoGP, including Broadcast Rights, to broadcast the race live on various platforms worldwide. The granting of Broadcasting Rights licenses is the most significant income for Dorna. It has been recorded that from 2015 to 2021, except for 2020, there has always been an increase in revenue from Broadcasting Rights. It started from 105, 115, 125, 135, 130, and 137 million Euros (around 2.3 trillion Rupiah) in 2021. For the 2023 MotoGP World Championship, there are more than 90 channels that are official broadcasters, representing 63 countries in the world. In Indonesia, MotoGP broadcast rights are held by Trans7, MNC Vision, KVision, UseeTV, and Maxstream-SpoTV.   Patent A large-scale sports competition, especially one related to the automotive industry, indeed cannot be separated from technological inventions, whether closely related to engine construction and speed or safety equipment, which are objects that can be patented. MotoGP has also become a place for innovation competition between motorbike manufacturers and safety equipment to get maximum exposure before the technology is applied to commercial products sold to the public.   Industrial Design Suppose the design of a motorbike, riding equipment, safety equipment, and other racing equipment does not contain elements of inventions but still has an aesthetic novelty design. In that case, it can be registered and receive Industrial Design protection. The most straightforward example is the commercialization of helmets used by MotoGP racers.   Trade Secret Specific racing strategies are Trade Secrets, including technical details and other confidential information. These secrets give MotoGP teams a competitive advantage by not disclosing certain important information to competitors, and all team members involved are bound by a Non-Disclosure Agreement (NDA).   Domain Name Domain names related to MotoGP are significant for maintaining online presence and marketing. Dorna has registered “motogp.com” to prevent cybersquatting and brand misuse. This domain is also available in many languages, including Indonesian, to facilitate the marketing and disseminating of official information to all media and MotoGP fans worldwide.   Licensing Agreement Apart from the Copyright previously mentioned, the License Agreement can also cover other Intellectual Property regimes, such as Brand Licenses to produce and sell merchandise, mobile phone applications, video games, and many more. Because if we talk about business, a robust Intellectual Property License Agreement can mutually benefit all parties involved.   From Dorna Sports’ financial report in 2021, more than 100 million Euros were spent on organizing MotoGP. However, they managed to record a profit of 46 million from revenue of 207 million Euros. This figure is undoubtedly quite fantastic for sporting activities supported by solid IPs.   Because a successful sports business is also an Intellectual Property business, would you be serious about getting into it? In that case, you can start on the most miniature scale, from events that are local but have the potential for a broad audience, and continue to present exciting and competitive matches so that more and more parties are interested in joining in getting a license.   If you need further information about Licensing Agreements, Trademark registration, Patent protection, or anything related to Intellectual Property, please do not hesitate to contact us via [email protected].

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Beyond the Racket: Intellectual Property in the World of Badminton

Intellectual Property

Beyond the Racket: Intellectual Property in the World of Badminton The 2022 Asian Games ended yesterday with a victory for the People’s Republic of China (PRC) with 383 medals. This achievement is far beyond Japan and South Korea, who are in second and third place with 188 and 190 medals. It is called the 2022 Asian Games because this 4 (four) annual event was supposed to be held in 2022, but due to the COVID-19 pandemic, it was finally shifted to September-October 2023, still in Hangzhou, China.   Of the 40 sports that are contested, 481 competitions have their charm. Imagine the enormous potential for sponsors when billions of eyes from different countries are focused on their favorite matches. Local brands can be instantly recognized throughout Asia.   The Trademark is not only displayed on the sidelines but also on the team shirts of each country. Therefore, the team’s failure to compete until the end is also a loss for their sponsors.   At the 2022 Asian Games, the Indonesian Badminton Team failed to win a medal for the first time since competing in 1962. So, what kind of Intellectual Property is there in Badminton?   1.     Copyrights Copyright Law applies to various aspects of Badminton, including written materials like coaching manuals, training guides, and literature related to the sport. Photographs and videos of Badminton matches, tournaments, and events are protected by Copyright. The rights to reproduce, distribute, and display these materials are typically owned by the creators, organizations, or governing bodies involved in Badminton.     Copyrights also apply to broadcasting and live streaming of Badminton matches and events. Broadcasting companies and event organizers have exclusive rights to transmit these events, and unauthorized use can lead to Copyright Infringement claims.   2.    Trademarks Trademarks protect logos, brand names, symbols, and mascots associated with Badminton equipment manufacturers, event organizers, and governing bodies. For example, recognizable Trademarks like the Yonex logo are protected to prevent unauthorized use that could confuse consumers or dilute the brand’s reputation.     When discussing a big event like the Asian Games, mascots and merchandise cannot be missed because many participants and spectators will hunt for merchandise as souvenirs. For this reason, the organizer needs to register the event name in various Trademark classes that protect merchandise products.   3.    Patents Patents come into play when Badminton equipment or technological innovations are developed. This could include Patent protection for new racket designs, shuttlecock technologies, or other equipment that offers a unique and inventive solution. These Patents prevent others from making, selling, or using these innovations without permission.     4.    Trade Secrets Some aspects of Badminton, especially proprietary techniques or training methods used by elite athletes or coaches, may be considered Trade Secrets. These are typically not publicly disclosed and are protected by maintaining their confidentiality. Unauthorized access or disclosure can lead to legal action.   It’s important to note that the specific IP regimes and their enforcement can vary from country to country and depend on the agreements between stakeholders in Badminton, such as equipment manufacturers, athletes, event organizers, and governing bodies. Legal protections are in place to encourage innovation, protect commercial interests, and ensure that the sport is conducted fairly and with respect for the Intellectual Property of all involved parties.   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].