Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia - AFFA IPR

Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia

Patent, Intellectual Property1 Comment

Document completeness and compliance with regulations are crucial in the Patent registration process. If there are deficiencies in the documents or if certain requirements are not met, the Patent application may be considered withdrawn by the Directorate General of Intellectual Property (DGIP) in Indonesia. So, what steps should the applicant take next?   When a Patent application is considered withdrawn, the applicant will receive a “Notification of Patent Deemed Withdrawn” from DGIP, meaning that the application will not proceed further.   However, if the applicant wishes to continue the examination process, the applicant must immediately submit a “Request for Further Examination.” This request must be filed within a maximum of six (6) months from the issuance date of the Notification of Considered Withdrawal.    Additionally, the applicant must pay an additional fee of 50% of the application fee to submit the Request for Further Examination. After submission, the applicant will need to wait for a response from DGIP’s Formality Section, which will review the application and decide whether the Patent examination process can proceed.   Therefore, if you face challenges in completing the required documents or drafting a proper Patent application, it is highly recommended to consult with a trusted Patent Consultant to navigate this issue effectively. Otherwise, the applicant risks losing Patent rights and suffering financial losses, as the initial registration fees that have been paid will not be refunded (forfeited).   You might also want to read: 5 Stages of Patent Registration Process in Indonesia Should you need more information about Patent applications in Indonesia or globally, feel free to contact us at [email protected].

5 Stages of Patent Registration Process in Indonesia - AFFA IPR

5 Stages of Patent Registration Process in Indonesia

Patent, Intellectual Property3 Comments

Five stages must be completed to register a Patent in Indonesia. These stages apply to both Patents and Utility Models, but there are significant differences in processing time. A Utility Model can be completed in less than a year, whereas a Patent typically takes more than two years.   What are the differences, and what documents need to be prepared? This article provides a detailed breakdown.   Difference Between a Patent and a Utility Model Before proceeding, it is important to distinguish between Patents and Utility Models: Patent: A new invention that involves an inventive step and is industrially applicable. Utility Model: A new invention that develops an existing product or process and is industrially applicable.   The key distinguishing factor between the two is the “inventive step.” This refers to an unexpected or non-obvious aspect of the invention, even for a person skilled in the relevant technical field.   Required Documents for Patent or Utility Model Registration   Once you determine whether your invention falls under a Patent or a Utility Model, you need to prepare the following documents:   Patent Description Document (Description, Claims, Abstract, and Drawings) in PDF format, following the applicable regulations. Deed of Assignment from the Inventor to the Applicant, which includes: Name and Address of the Applicant Name and Address of the Inventor Title of the Invention Signatures of all Inventors Duty Stamped Statement of Invention Ownership by the Inventor, signed by all inventors and stamped, except for Patent Applications filed through the PCT. Institution Establishment Document (if applicable). Payment of Application Fees.   5 Stages of the Patent Registration Process Stage Patent Utility Model 1 Application (Formal Examination) 0-6 months 0-28 days 2 Waiting Period* 6-18 months 14 days 3 Publication 6 months 14 days 4 Substantive Examination Max. 30 months Max. 6 months 5 Certificate Issuance 2-3 months 1-2 months   *) The Waiting Period is the time allotted for making changes or corrections to the application before it is published to the public. For example, if there are errors such as the following, your application may fail the Formal Examination: Inconsistent title between the Invention Title, Description Title, Abstract Title, and the title stated in the Deed of Assignment and Ownership Statement. Incorrect description format that does not comply with the required standards. All inventors have not signed and stamped the Ownership Statement and/or Deed of Assignment. Failure or delay in paying the Substantive Examination fee.   Failure to address these deficiencies will result in the Patent application being considered withdrawn. However, if you require faster publication for any reason, you may request an accelerated publication, which is subject to an additional fee.   The Patent Description is also a crucial factor in ensuring the completeness of a Patent application. We will discuss the proper format and preparation in our next article.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

5 Steps to Avoid Copyright Issues for Your Product Illustrations - AFFA IPR

5 Steps to Avoid Copyright Issues for Your Product Illustrations

Intellectual Property, Copyright

Being inspired by, imitating, modifying, or even duplicating someone else’s work without permission—whether it’s well-known or not—can lead to serious legal consequences, including up to 4 years in prison or a fine of 1 billion Rupiah!   This is because Copyright Law grants Exclusive Rights only to the Original Creator, ensuring that they alone can claim economic benefits from their work.   In other words, if you profit from someone else’s creation without permission, the rightful owner can file an objection, send a legal notice (cease-and-desist), or take further legal action against you.   However, exceptions exist if your use of the work is non-commercial, educational, for criticism, or news reporting, provided it is done fairly and does not harm the creator.   But what if you genuinely didn’t know that a design submitted by your designer or illustrator infringed on someone else’s work?   Here are 5 essential steps you can take to review and evaluate whether a work violates copyright or not.   Does the Work Resemble a Popular Character?  A popular character isn’t just limited to animated movie figures or superheroes like Batman, Superman, or Ultraman. Even public figures or athletes with recognizable faces and signature poses cannot be used without permission.  To avoid issues, ask your designer about the initial sketches and the creative process behind the work. Use Reverse Image Search  Utilize tools like Google Reverse Image Search, TinEye, or Yandex Image Search to check if similar images already exist online.  If you find the design in stock image websites, art platforms, or other media, ensure that your illustrator didn’t just copy or slightly edit the image without significant modification. Avoid Copying the Style of Famous Illustrators  Some illustrators have highly distinctive and well-known styles, such as Loish, Kim Jung Gi, Greg Rutkowski, Hajime Sorayama, and others whose works frequently appear on book covers, games, or movies.  If the submitted artwork strongly resembles their style without permission, it could be considered Copyright Infringement or a Trade Dress violation (protection against copying distinctive design elements). Ensure All Design Elements Have Proper Licenses  Certain fonts or typefaces require a paid license. If your designer uses a premium font without a valid license, you could face legal action.Similarly, elements like brushes, textures, or patterns may also have specific usage rights. Always verify that all components in the design are legally licensed. Create a Written Agreement with Your Illustrator  Draft a contract stating that the work is 100% original and not derived or modified from another source without permission.This ensures that the illustrator is legally accountable if copyright infringement issues arise due to their work.   Remember, a work is automatically protected by copyright the moment it is published. You cannot claim that your use is valid simply because the work was never officially registered or originates from a different country with a separate market.   If you must or want to use an existing work for commercial purposes, the only legal solution is to contact the original creator and negotiate a licensing agreement.   This agreement would require you to pay royalties to the rightful owner. By obtaining proper licensing, you can legally collaborate with the original creator and promote the work openly—without fear of legal consequences.   You might also want to read: Indonesia’s Copyright Dilemma: When Good Intentions Pave the Way to (Unintended) Infringement Should you need more information regarding Copyright protection both domestically and internationally, you can contact us directly via email at [email protected].

AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia - AFFA IPR

AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia

Intellectual Property, Trademark

In today’s increasingly competitive business environment, Trademark protection is a key factor in maintaining a company’s identity and competitive advantage. However, Trademark registration often faces obstacles due to the existence of previously registered Trademarks that, in reality, are not being used. This was the case with PRINT ONE, where AFFA successfully represented APRIL International Enterprise Pte. Ltd., the owner of the well-known brand PAPER ONE, in winning a Trademark non-use cancellation action against PRINT ONE, which had long been unused in Indonesia, based on prior investigation results.   The case began when APRIL International Enterprise Pte. Ltd. filed a Trademark application for “PRINT ONE” under Application Number DID2021062992 with the Directorate General of Intellectual Property (DGIP) in 2021. However, the application was rejected by DGIP because it was considered similar to the “PRINT ONE,” which had been registered under PT Daksa Sinergi since May 12, 2020.   An independent investigation revealed that the PRINT ONE Trademark had never been used in commerce for over three years since its registration. Based on these findings, AFFA filed a trademark non-use cancellation action with the Central Jakarta Commercial Court in April 2024.   Legal Basis for Trademark Non-Use Cancellation Action   This action was filed under Article 74, Paragraph (1) of Law No. 20 of 2016 on Trademarks and Geographical Indications, which states that a Trademark that has not been used for three consecutive years from the date of registration may be canceled upon request by an interested party.   During the trial, PT Daksa Sinergi failed to appear, despite being legally summoned. This further strengthened the evidence that the Trademark was not actively used in the market.   Court Decision   After a series of hearings, in October 2024, the Central Jakarta Commercial Court finally granted the lawsuit filed by AFFA. In its ruling, the court declared that:   The plaintiff has a legal interest in filing the Trademark non-use cancellation action. The PRINT ONE Trademark owned by PT Daksa Sinergi is officially removed from the General Register of Trademarks. DGIP is ordered to revoke the Trademark and announce its removal in the Official Trademark Gazette. PT Daksa Sinergi is required to pay court fees amounting to IDR 8,820,000.   This decision marks a significant victory for APRIL International Enterprise Pte. Ltd., which can now reapply for its Trademark registration in Indonesia without any obstacles.   Lessons from the PRINT ONE Trademark Cancellation Case in Indonesia   This case is a clear example that a non-use Trademark can be canceled, even if it is still officially registered. Therefore, Trademark owners should take note of these three key factors:   Ensure that your registered Trademark is actively used in Indonesia. If not, other parties may file for cancellation. If an unused Trademark blocks your Trademark, legal solutions are available. Trademark cancellation is one of the strategies to pave the way for a new Trademark registration. Entrust your Trademark registration to an experienced Intellectual Property Consultant to ensure your brand is properly protected in Indonesia.   Current Trademark Cancellation Practice in Indonesia   However, it is important to note that following the Constitutional Court Decision No. 144/PUU-XXI/2023, a Trademark can now only be canceled if it has not been used for five consecutive years from the date of registration.   Additionally, a Trademark cannot be canceled if: There is a ban on importing goods or services that use the Trademark. There are licensing restrictions related to the goods or services associated with the Trademark. The Trademark cannot be used due to a force majeure situation.   You might also want to read: AFFA Represents Trek Bicycle to Win a Trademark Non-Use Cancellation Action in Indonesia This success story is a testament that with thorough preparation and investigation, a non-use cancellation action is possible in Indonesia. Should you need more information about Trademark registration and protection in Indonesia or abroad, please email us at [email protected].

Guide to the Recordation of Communal Intellectual Property in Indonesia - AFFA IPR

Guide to the Recordation of Communal Intellectual Property in Indonesia

Intellectual Property, Geographical Indication

Communal Intellectual Property (CIP) in Indonesia includes Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Potential Geographical Indications, and Indications of Origin, which are collectively owned. CIP holds economic value that communities can commercially benefit from while still respecting the nation’s moral, social, and cultural values.   But what are the definitions of Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Geographical Indications, and Communal Indications of Origin according to Indonesian law? How does the recordation process work?   This article summarizes it for you!   Definition Traditional Cultural Expressions All forms of creative expressions, whether tangible, intangible, or a combination of both, that represent the existence of a traditional culture held communally and passed down through generations. Examples: Hula Dance Hawaii, Aboriginal Dot Painting, Betawi Pangsi Clothing, North Kalimantan Dragon Motif Necklace, and many more. Traditional Knowledge Intellectual works in the field of knowledge and technology that contain traditional heritage characteristics, developed, maintained, and preserved by a particular community or society. Examples: Ayurveda from India & Nepal, Kuna Healing Practices from Panama, Mencalok Lingga from Riau Islands, Kalakan from Pacitan, and many more. Genetic Resources Plants, animals, microorganisms, or their parts that have actual or potential value.Examples: Peruvian Maca from Peru, Rooibos Tea from South Africa, Lengkir from Bangka Belitung, Alocasia Talambai from West Sulawesi, and many more. Potential Geographical Indications A sign that indicates the origin of a product due to geographical environmental factors, including natural factors, human factors, or a combination of both, which provide specific reputation, quality, and characteristics to the produced goods or products. Examples: Kobe Beef from Japan, Manuka Honey from New Zealand, Pacitan Chalcedony Agate, Sambu Mamasa Weaving, Majene Crystal Salt, and many more. Indications of Origin Identifies the place where a product is produced without linking it to environmental or human factors that influence its quality or characteristics. For example, a “Made in China” label on a product indicates that it was produced in China but does not imply that its quality or characteristics are influenced by specific geographical factors.Indications of Origin rights arise automatically upon the existence of the object and, like other forms of CIP, do not require special registration. However, they should be recorded with the Directorate General of Intellectual Property (DGIP) for legal protection. Examples: Jakarta Ginger Coffee, Pacitan Tuna Tofu, Fakfak Lontar Cake, Meulaboh Khop Coffee, Ngawi Mata Gareng Crackers, and many more.   Legal Basis for CIP Protection in Indonesia At least five regulations serve as the legal foundation for protecting Communal Intellectual Property (CIP) in Indonesia:   Government Regulation No. 56 of 2022 on Communal Intellectual Property This regulation emphasizes the importance of inventorying, preserving, developing, and utilizing CIP as a fundamental national development asset. Law No. 28 of 2014 on Copyright This law states that the state holds the copyright over Traditional Cultural Expressions whose creators are unknown and provides perpetual protection. Law No. 13 of 2016 on Patents It regulates the disclosure of genetic resources and/or traditional knowledge in patent descriptions and mandates the formulation of technical regulations regarding benefit-sharing from the utilization of Traditional Knowledge or Genetic Resources. Law No. 20 of 2016 on Trademarks and Geographical Indications This law governs the registration of Geographical Indications as part of Communal Intellectual Property. Law No. 11 of 2013 on the Ratification of the Nagoya Protocol This law reinforces the importance of inventorying genetic resources and traditional knowledge and developing regulations related to benefit-sharing from their utilization.   To protect CIP, the government has established the National Communal Intellectual Property Database (PDN KIK) as an information portal and economic map for CIP, accessible via the DGIP website. This database integrates data related to Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, and Potential Geographical Indications. As of January 2025, according to PDN KIK data, the following records have been documented: 1,823 Traditional Cultural Expressions 491 Traditional Knowledge entries 8,483 Genetic Resources 125 Potential Geographical Indications 59 Indications of Origin   Your community can also be part of this if you meet the following registration requirements.   Communal Intellectual Property Recordation Procedure To protect Communal Intellectual Property (CIP) in Indonesia, DJKI has provided various inventory forms for each category: EBT Form for Traditional Cultural Expressions PT Form for Traditional Knowledge PIG Form for Potential Geographical Indications SDG Form for Genetic Resources Alternatively, you can hire a trusted Intellectual Property Consultant to help formulate the contents of the forms, which generally include: Detailed description of the CIP Origin and history Community or society that preserves and develops it Cultural function and significance Supporting documentation (photos, videos, or audio recordings showing skills or production techniques) Declaration Letter stating that the information provided is accurate and that the CIP belongs to the relevant community Written statement of support for protection, preservation, development, and utilization signed by local governments, traditional community organizations, or cultural associations Once the forms and necessary documents are submitted to DJKI, they undergo verification to ensure the completeness and authenticity of the provided data. If they meet the criteria, the CIP will be recorded in the National Database for legal protection.   Unfortunately, DGIP does not specify the estimated time required for the overall CIP recordation process. The duration may vary depending on the complexity of the CIP and the completeness of the submitted documents.   By legally protecting Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Potential Geographical Indications, and Indications of Origin, your community can prevent unauthorized claims or misuse by third parties, preserve traditional culture for future generations, and increase economic value through the commercialization of its economic rights. Should you need more information about the recordation of Communal Intellectual Property in Indonesia, feel free to contact us via email: [email protected].

6 Key Principles of Patent Protection in Indonesia - AFFA IPR

6 Key Principles of Patent Protection in Indonesia

Patent, Intellectual Property1 Comment

Through Law Number 65 of 2024 on Patents, the Indonesian Government has revised the definition of “invention” to mean an inventor’s idea manifested in solving a specific problem in the field of technology, which can take the form of a product or process, or the improvement and development of an existing product or process.   Meanwhile, a Patent is an exclusive right granted by the state to an inventor for an invention that meets the criteria of patentability, namely novelty (new), inventive step, and industrial applicability. For Utility Models, the requirements include at least novelty, incremental improvements to existing products or processes, practical utility, and industrial applicability.   If you are an inventor, a Patent will protect your invention by granting you legal rights, enabling you to enjoy the economic benefits of your invention.   However, six key principles form the foundation of Patent protection and are crucial for safeguarding technological innovations and inventions. These principles are:   First-to-File: This principle states that the first party to file a Patent application is granted Patent rights, not the first to invent or use it. Therefore, Patent owners must file their applications as soon as possible. Patent Information: Every Patent application must include complete information about the invention, such as descriptions, claims, and drawings illustrating how the invention works. This information will be published once the application is approved, allowing the public to refer to it and encouraging further technological advancements. Protection Is Granted Only by Application: Patents are only granted if the inventor or an authorized party submits an official application. Without an application, Patent rights will not be awarded, even if the invention meets patentability requirements. Obligation to Pay Annual Fees: After a Patent is granted, the Patent holder must pay annual fees to maintain the Patent rights. Failure to pay these fees can result in the cancellation of the Patent, making the invention part of the public domain. Universal Substantive Examination: Every Patent application undergoes a substantive examination to ensure the invention meets the requirements of novelty, inventive step, and industrial applicability. This process ensures that only truly innovative inventions are granted Patent protection. Territorial Protection: Patent rights are territorial, meaning protection is only valid in the country or region where the Patent is registered and approved. To secure protection in other countries, the inventor must file separate Patent applications in those countries.   By understanding these six principles, innovators and industry players can take the necessary steps to legally protect their inventions and maximize their economic potential.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

The Walmart Wirkin VS Hermes Birkin Controversy: A Case Study in Intellectual Property Awareness - AFFA IPR

The Walmart Wirkin VS Hermès Birkin Controversy: A Case Study in Intellectual Property Awareness

Intellectual Property, TrademarkLeave a comment

The viral phenomenon surrounding Walmart’s “Wirkin” bag, which bears a striking resemblance to the iconic Hermès Birkin, has captivated social media and sparked discussions on fashion ethics, consumer behavior, and, of course, Intellectual Property. This controversy highlights the complexities of balancing accessible fashion with protecting luxury brand exclusivity. Here’s everything you need to know.   In December 2024, a USD 78 handbag sold on Walmart’s marketplace became an overnight sensation on platforms like TikTok. Dubbed the “Wirkin” by users, the bag mimics the design of the legendary Hermès Birkin, which starts at around USD 10,000. The Wirkin’s affordability and resemblance to a luxury product spurred millions of views in unboxing videos and drew widespread attention.   Ethical and Legal Implications   Supporters argue that the Wirkin democratizes luxury, making high-end aesthetics attainable for everyday consumers. Critics counter that such “dupes” undermine the craftsmanship, exclusivity, and Intellectual Property of brands like Hermès.   From a legal perspective, Hermès could potentially claim a Trademark, specifically Trade Dress infringement, as Wirkin’s design closely imitates the recognizable elements of the Birkin. Trade Dress protects the visual appearance of a product that signifies its source to consumers. However, Walmart might defend the Wirkin by emphasizing its lack of Hermès branding and the significant price gap, arguing that consumer confusion is unlikely.   Walmart’s Response   Amid mounting scrutiny, in mid-January 2025, Walmart removed the Wirkin from its marketplace and issued a generic statement: “In some instances, products may no longer be available. We invite customers to continue exploring our expansive selection and uncover new alternatives.” This move was likely intended to minimize legal risks and preserve brand relationships.   Key Differences Between the Wirkin and Birkin   The table below highlights the critical differences between the two bags, helping consumers distinguish between them:   Feature “Wirkin” Birkin Price ~USD 78 Starts at ~USD 10,000 Logo No branding “Hermès Paris” logo under the flap Material Synthetic or imitation leather High-quality genuine leather or exotic skins Size Options Standard, typically smaller Multiple sizes (25cm, 30cm, 35cm, 40cm) Craftsmanship Mass-produced stitching Handcrafted using saddle stitching Packaging No luxury packaging Comes with Hermès orange box and dust bag Sales Platform Walmart’s e-commerce platform Exclusive to Hermès boutiques Distribution Mass-market availability Strictly controlled, often with a waitlist   From the Wirkin-Birkin case, we gain yet another insight that pricing remains a recurring source of Intellectual Property infringement. Affordable versions of well-known, especially luxury, products continue to attract significant market interest, often without regard for authenticity. However, if you are a Trademark owner, there is no need to worry, as having a registered Trademark establishes you as the rightful owner and grants you the legal authority to take action against counterfeit products. If necessary, you can further strengthen your position by registering your product design as an Industrial Design, ensuring that the aesthetic aspects of your product are also protected.   Moreover, if you are a retailer, it is crucial to understand the intricacies of Trademark law to safeguard your business reputation and avoid misleading virality, which could ultimately jeopardize your business’s sustainability. Should you need more information about Trademark protection in Indonesia or globally, feel free to contact us via email at [email protected].

Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period - AFFA IPR

Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period

Patent, Intellectual Property2 Comments

On October 28, 2024, Indonesia introduced significant updates to its Patent System through Law No. 65 Year 2024, amending Law No. 13 Year 2016 on Patents. These changes aim to align Indonesia’s Patent System with global technological advancements while strongly emphasizing national interests. For international stakeholders and Patent applicants, this article highlights the crucial changes related to what does not constitute an invention and the updated novelty grace period.   What Is Not Included as an Invention According to Article 4 of the Patent Law, inventions do not include the following: Aesthetical creations; Schemes; Methods to conduct: – Mental activities; – Games: and – Businesses: Computer programs, except for the inventions that are implemented using computers; Presentations of information; and Theories and methods in the field of science and mathematics.    Previously, discoveries in the form of new use of existing and/or known product; and/or new forms from existing compound that do not generate significantly enhanced efficacy and contain different relevant known chemical structures to the compound, did not constitute inventions. The removal of this provision is intended to accommodate developments related to new uses for existing and/or known products that are still considered Inventions and can be granted a Patent. The Patent for such new use does not prevent the public from producing the product as long as they do not mention or indicate the patented use. Examples: Dapagliflozin: The first-use patent for diabetes has expired and has entered the public domain, so the public can use Dapagliflozin with the indication for diabetes without infringing the second-use patent. The second-use patent, which is for kidney disease, is still under patent protection. Snakehead Fish Extract: The first-use patent for cancer has expired and has entered the public domain, allowing the public to use Snakehead Fish Extract for cancer without infringing the second-use patent. The second-use patent, which is for COVID-19, is still under patent protection.   Furthermore, the term “computer program” refers to a computer program that only contains a program without technical characteristics, technical effects, or problem-solving capabilities. Problem-solving that involves a computer program, which in its implementation uses a computer, computer network, or other programmable equipment, can be considered an Invention, hereafter referred to as a computer-implemented Invention.   Examples of problem-solving involving a computer program that can be considered an Invention are: a computer program used for navigation based on the global positioning system (GPS) in motor vehicles; a computer program used to maintain a safe distance from the vehicle in front by automatically adjusting the vehicle’s speed; and a computer program used to control the electrical connectivity of household equipment.   Extended Novelty Grace Period One of the most notable updates is the extension of the novelty grace period. Previously, an invention disclosed within six months before the filing date under specific conditions would not lose its novelty. The amendment extends this period to 12 months, providing greater flexibility for inventors to publicly showcase their work without risking Patent eligibility.   Key Conditions for Grace Period: Exhibition Disclosure: Public display at recognized exhibitions in Indonesia or abroad. Experimental Use: Research and development purposes in Indonesia or abroad. Scientific Disclosure: Presentations during scientific sessions, such as thesis defenses or research discussions. Confidentiality Breaches: Unauthorized disclosure by third parties.   This extension demonstrates Indonesia’s commitment to fostering innovation by allowing inventors more time to refine and file their applications, encouraging global and domestic filings. For a deeper dive into the broader implications of the revised Patent Law, read our comprehensive guide: The Ultimate Guide to the Amendment of the Indonesian Patent Law. Should you need to know how this new definition impacts your business or invention, feel free to contact us at [email protected].

Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection - AFFA IPR

Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection

Intellectual Property, Trademark1 Comment

As of January 2025, Indonesia has officially joined BRICS as a full member, marking a significant milestone in its economic journey. This move is expected to enhance trade and investment among member nations, creating exciting opportunities for businesses looking to expand into the region.   BRICS, initially spearheaded by Russia, now includes Brazil, India, China, South Africa, Egypt, Ethiopia, Iran, and the United Arab Emirates. Together, these nations represent a powerful economic bloc, accounting for a substantial portion of global GDP and population. BRICS aims to strengthen the economies of its members, increase their global influence, and provide a counterbalance to Western-dominated economic institutions.   Indonesia’s entry into BRICS comes with a strong foundation. It already has robust trade relations with its fellow BRICS members, offering a dynamic market ripe for exploration. With its strategic location, abundant resources, and growing consumer market, Indonesia is poised to become a hub for international businesses.   This is the perfect time for foreign investors to tap into Indonesia’s vast potential. By registering your Trademark and establishing your business presence in Indonesia, you can gain a competitive edge in one of Southeast Asia’s most promising markets, now further amplified by its BRICS membership.   Indonesia’s Economic Potential in BRICS Countries Russia:  Main Exports to Indonesia: Wheat, fertilizers, and iron & steel products. Number of Registered Trademarks in Indonesia: 47 Most Class Category: 41 – Education; providing of training; entertainment; sporting and cultural activities. (7) 5 – Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. (5) 35 – Advertising; business management; business administration; office functions. (5) 44 – Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. (5) Brazil Main Exports to Indonesia: Raw sugar, soybeans, and beef. Number of Registered Trademarks in Indonesia: 55 Most Class Category: 1 – Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. (16) 35 – Advertising; business management; business administration; office functions. (14) 29 – Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. (13) India Main Exports to Indonesia: Organic chemicals, pharmaceutical products, and cotton. Number of Registered Trademarks in Indonesia: 2,308 Most Class Category: 5 – Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. (404) 12 – Vehicles; apparatus for locomotion by land, air or water. (317) 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. (229) 35 – Advertising; business management; business administration; office functions. (205) China Main Exports to Indonesia: Electronics, machinery, and textiles. Number of Registered Trademarks in Indonesia: 44,992 Most Class Category: 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. (8,044) 7 – Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. (3,439) 35 – Advertising; business management; business administration; office functions. (3,060) South Africa Main Exports to Indonesia: Coal, iron, and steel. Number of Registered Trademarks in Indonesia: 227 Most Class Category: 13 – Firearms; ammunition and projectiles; explosives; fireworks. (58) 9 – Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. (50) 42 – Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. (31) Egypt Main Exports to Indonesia: Cotton, dates, and other agricultural products. Number of Registered Trademarks in Indonesia: 80 Most Class Category: 35 – Advertising; business management; business administration; office functions. (21) 34 – Tobacco; smokers’ articles; matches. (20) 30 – Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. (14) 41 – Education; providing of training; entertainment; sporting and cultural activities. (14) 42 – Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. (13) Ethiopia Main Exports to Indonesia: Coffee, oilseeds, and raw hides. Number of Registered Trademarks in Indonesia: N/A Most Class Category: N/A Iran Main Exports to Indonesia: Crude oil, petrochemical products, and nuts. Number of Registered Trademarks in Indonesia: 135 Most Class Category:  30 – Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. (36) 29 – Meat, fish, poultry and game; meat…

Amended Definition of Patent under the Revised Indonesian Patent Law - AFFA IPR

Amended Definition of Patent under the Revised Indonesian Patent Law

Patent, Intellectual Property

The landscape of Intellectual Property in Indonesia continues to evolve, reflecting the dynamic nature of technology and innovation. One of the most significant updates in Law No. 65 of 2024, which is the third amendment to Law No. 13 of 2016 on Patents, lies in the revised definition of “Invention.”   The Old Definition Under Law No. 13 of 2016, Article 1(2) defined an invention as: “An idea of an inventor embodied into a specific problem-solving activity in the field of technology in the form of product or process, or refining and developing product or process.”   While this definition provided a foundation for Patent protection, it was deemed limited in addressing the broader advancements in technology and innovation across various industries.   The New Definition With the enactment of Law No. 65 of 2024, Article 1(2) now defines an invention as: “An idea of an inventor embodied into a specific problem-solving activity in the field of technology in the form of product and/or process, refinement, and/or development of a product and/or process, as well as systems, methods, and uses.”   Key Changes and Implications   Broader Scope: The inclusion of “systems, methods, and uses” significantly broadens the scope of what can be patented. This change acknowledges the importance of protecting technological advancements that may not fit neatly into the previous categories of “product or process.” Clarity and Flexibility: By adding “and/or” between product, process, refinement, and development, the law ensures greater flexibility in interpretation, making it more inclusive for different types of innovations. Alignment with Global Standards: The new definition aligns more closely with international Patent laws, making Indonesia a more attractive jurisdiction for inventors and businesses seeking to protect their Intellectual Property globally.   Why the Change Matters   This amendment reflects Indonesia’s commitment to adapting its Intellectual Property framework to keep pace with the rapid evolution of technology. From AI-driven systems to innovative methods in healthcare, the revised definition ensures that inventors in Indonesia have a robust legal foundation to protect and commercialize their ideas.   The revision is not only a response to domestic technological advancements but also a move to foster innovation and competitiveness in the international market. By expanding the definition, Indonesia signals its readiness to embrace emerging industries and future innovations.   For a deeper dive into the broader implications of the revised Patent Law, read our comprehensive guide: The Ultimate Guide to the Amendment of the Indonesian Patent Law. Should you need to know how this new definition impacts your business or invention, feel free to contact us at [email protected].