印度尼西亚专利维持费实用指南-affa-global

印度尼西亚专利维持费实用指南

Intellectual Property

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-affa-global

A No-Nonsense Guide to Patent Annuity Payment in Indonesia

Patent, Intellectual Property

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 Please note that the granted Patent will be deemed withdrawn/invalidated if the payment deadline is missed.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)

特许人在印度尼西亚开展业务前应满足的7个条件-affa

特许人在印度尼西亚开展业务前应满足的7个条件

Intellectual Property

知识产权在特许经营业务中发挥着重要作用，在印度尼西亚，特许经营称为 “Waralaba”。“该特许经营商标注册了吗？”这个问题对授予特许者（特许人）非常重要，它是检验商标有效性的首要问题。   从投资者（加盟商）的角度来看，在印尼经营特许经营业务似乎很有前景。因为我们得到了快速投资回报率的“自动经营” 业务的承诺！   只需投入一些资金，收入就会源源不断，这归功于我们获得的特许经营权。 特许经营的提议如雨后春笋般涌现，在各种特许经营展览会上，很容易就能找到诱人的商业提案，包括由知名艺术家支持的新公司的提案。   但要考虑的是，我们所关注的公司所提供的业务值得称为特许经营吗？   假冒特许经营商会有什么法律后果吗？   特许经营的定义 根据《印度尼西亚共和国政府条例》（2007 年第 42 号，关于特许经营）第 1 条和《印度尼西亚共和国贸易部长条例》（2019 年第 71 号，关于实施特许经营）第 1 条，特许经营是指个人或企业实体对具有商业特征的商业系统所拥有的特殊权利，目的是销售成功的商品和/或服务，其他各方可根据特许经营协议利用和/或使用这些商品和/或服务。   特许经营必须满足的 7 项标准 《政府条例》第 3 条 2017年底42号关于特许经营以及《贸易部长条例》第 10 条 2019年第71号关于实施特许经营规定了具有特许经营概念的企业必须满足的明确标准，具体如下：   1.      具有商业特色 鲜明特点的企业，是指与其他同类企业相比，具有不易被模仿的优势或差异，并使消费者青睐这些特点的企业。例如，特许经营人（特许人）特有的管理系统、销售和服务方法，或结构或分销方法。 2.      盈利证明 该证明指特许人在经营过程中积累大约 5 年的经验，并掌握了克服困难的经营诀窍，从而实现继续生存和发展，并实现盈利。   3.      以书面形式制定所提供商品和/或服务的服务标准 这项规定要求特许经营公司制定 SOP（Standard Operational Procedure标准操作程序），以便加盟商在统一框架内开展业务。 因此，若不具备 SOP，就不能称之为特许经营。   4.      易于教学和应用 特许经营业务的好处在于，没有类似业务经验或知识的加盟商可以根据特许人提供的持续经营和管理指导很好地开展业务   5.      持续支持 此外，特许人不应袖手旁观，因为它有义务不断向加盟商提供经营指导、培训和宣传。   6.      已注册的知识产权 确保您审查的特许经营公司已注册与业务相关的知识产权，如商标、版权、专利和商业秘密，并提供证书所有权证明，或正在授权机构进行注册，具体指印度尼西亚共和国法律和人权部知识产权总局（DJKI）。   7.      拥有STPW（特许经营注册证书） 《贸易部长条例》第 10 条第 71号2019年要求特许人机加盟商拥有 STPW。 要获得本STPW，特许人必须有特许经营招股说明书，否则特许人加盟商之间不得签订特许经营协议。 注意，若将来特许人的知识产权（IPR）注册未获批准或过期，STPW 将失效。   因此，鉴于知识产权在特许经营业务中的重要性，必须一开始就提出“您的企业是否已在知识产权总局（DJKI）注册商标？”的问题。   在辨别假冒特许经营权时，注意以下一些重要事项：   真正的特许经营不会承诺自动经营 印度尼西亚特许经营协会（AFI）主席阿南–苏坎达尔（Anang Sukandar）在组织国际特许经营展览会时警告说：“我们不应被敷衍了事的方法所迷惑。在生意场上，不会自动经营。自动驾驶只存在于航空领域，在商业领域不存在。” 因此，千万不要以为特许经营企业就像投资黄金一样，不按照经营流程就能持续上涨。 因为你可能被当作猎物，这样特许人就可以在将来亏损时逃脱惩罚。 例如，说明你所处的位置并不有利。   印度尼西亚特许经营支持国内生产 不要被以销售进口原材料为主要吸引力的特许经营店所诱惑。 因为《特许经营条例》第 9 条规定，只要符合特许人书面规定的商品和/或服务质量标准，特许人和加盟商应优先使用国产商品和/或服务。                                                                                                     通过更好地了解特许经营业务的复杂性，在选择特许经营业务时就会更多选项。 看似非常诱人的商业提议可能只是合伙提议，并不符合印度尼西亚共和国政府的《特许经营条例》。   注意，使用不符合上述标准的 “特许经营 “可能会受到行政处罚，应根据法律法规的规定，推荐发证官员吊销营业执照和/或经营/商业执照。 换句话说，您付出的巨额投资最终可能会亏损，不是因为缺少买家，而是因为忽略了对特许经营强制要求的检测。   如需更多有关印度尼西亚或全球特许经营的信息和帮助，请通过以下方式联系我们[email protected]. 来源： 政府条例 2007 年第 42 号关于特许经营 贸易部长条例 2019年第71号关于实施特许经营

7-Things-That-A-Real-Franchise-Should-Have-in-Indonesia-affa

7 Things That A Real Franchise Should Have in Indonesia

Intellectual Property

Intellectual Property Rights have an essential role in the Franchise business in Indonesia. The question “Does your Franchise already register your Trademark?” becomes very relevant to test its legitimacy as an initial question to the Franchisor.   Running a Franchise business in Indonesia, from an investor’s point of view or as a Franchisee, at first glance, looks promising because we are promised an “auto-pilot” business with a quick return on investment!   Without a million-dollar investment, you will have continuous cash flow in returns with the help of the big name of the Franchise that we take. Franchise offers are increasing, including at various Franchise exhibitions. We can easily find lucrative business proposals from new companies with well-known artists behind them.   However, we need to pay attention to whether the business offered by the companies we aim for is worthy of being called a Franchise.   Are there any legal consequences for fake Franchise businesses?   Definition of Franchise in Indonesia According to Article 1 of the Government Regulation of the Republic of Indonesia Number 42 of 2007 concerning Franchising and Regulation of the Minister of Trade of the Republic of Indonesia Number 71 of 2019 concerning the Implementation of Franchising, what is meant by Franchising is a Special Right owned by an individual or business entity towards a business system with business characteristics, to market goods and/or services that HAVE PROVEN SUCCESS and can be utilized and/or used by other parties based on the Franchise Agreement.   7 Criteria that Franchisees Must Fulfill Article 3 Government Regulation No. 42 of 2007 concerning Franchising and Article 10 of the Minister of Trade Regulation No. 71 of 2019 concerning the Implementation of Franchises provides clear criteria regarding things that must be fulfilled by businesses that use the Franchise concept, as follows:   1.      Has Distinctive Business Characteristics Businesses with distinctive characteristics have advantages or differences that are not easily imitated compared to similar companies, making consumers always look for those characteristics. For example, the Franchisor’s unique characteristics are management systems, sales and service methods, or arrangement or distribution methods.   2.      Proven to Provide Benefits This evidence refers to the experience of the Franchisor, who has been running for approximately 5 (five) years. It already has business tips for overcoming problems in its business so that it can continue to survive, grow, and be profitable. 3.      Has Service Standards for the Goods and/or Services Offered which are Made in Writing This rule requires a Franchise to have a certain Standard Operational Procedure (SOP) so that the Franchisee can carry out business within a clear and the same framework. Therefore, it is only a Franchise if it is equipped with SOP. 4.      Easy to Teach and Apply The pleasant thing about the Franchise business is that Franchisees who do not have experience or knowledge of similar businesses can carry it out well through the Franchisor’s continuous operational and management guidance. 5.      Provide Continuous Support Apart from point number four, the Franchisor must be very helpful because it must continuously provide operational guidance, training, and promotions to the Franchisee. 6.      Registered Intellectual Property Rights Make sure that the Franchise you are seeking has registered Intellectual Property Rights (IPR) related to the business, such as Trademarks, Copyrights, Patents, or Trade Secrets, with proof of certificate ownership or is in the process of registering with the authorized agency in this case, the Directorate General of Intellectual Property (DGIP), Ministry of Law and Human Rights of the Republic of Indonesia. 7.      Has an STPW (Franchise Registration Certificate) Article 10 Regulation of the Minister of Trade of the Republic of Indonesia No. 71 of 2019 requires Franchisors and Franchisees to have STPW. To obtain this STPW, the Franchisor must have a Franchise Offer Prospectus, because without it a Franchise Agreement cannot be made between the Franchisor and the Franchisee.   It should also be noted that the STPW is declared invalid if in the future the registration of IPR (eg. Trademark) by the Franchisor is not approved or the validity period of the IPR expires.   Therefore, given the importance of Intellectual Property in a Franchise business, the question “Does your Franchise already register your Trademark?” must be asked from the start.   Furthermore, some essential things that you should also pay attention to when sorting out fake Franchises are:   True Franchises Don’t Promise Auto-Pilot At the recent international Franchise exhibitions, Chairman of the Indonesian Franchise Association (AFI) Anang Sukandar warned, “We should not be lulled into instant ways. In business, you can’t have auto-pilot business. Auto-pilot only exists in the world of aviation, not in business.” So don’t ever think that a Franchise business is like investing in gold, which can continue to rise without following the business process. If your Franchisor is offered that way, perhaps you are being used as prey, and the Franchisor can be irresponsible when you lose money in the future, for example, by giving reasons that your location is not in a profitable area.   Indonesian Franchise Supports Domestic Production Take your time to be tempted by Franchises that sell imported raw materials as their main attraction. Article 9 of the Government Regulation concerning Franchising states that the Franchisor and the Franchisee prioritize using domestically produced goods and/or services as long as they meet the quality standards of goods and/or services stipulated in writing by the Franchisor.   By better understanding the ins and outs, you can be more selective in choosing a Franchise business. The business offer that looks very tempting could be just a partnership offer that does not follow the Republic of Indonesia Government Regulations on Franchising.   So that you know, the use of the term Franchise that does not meet the above criteria may be subject to administrative sanctions in the form of recommendations for revocation of business permits and/or operational/commercial permits to issuing officials according to the…

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

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

Intellectual Property

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

在印度尼西亚申请工业设计时评估新颖性的四个重要条件-affa-global

在印度尼西亚申请工业设计时评估新颖性的四个重要条件

Intellectual Property

在不断发展的工业创新景观中，保护知识产权变得非常重要，它有助于培育创意并推动经济增长。在众多的知识产权制度中，工业设计在保护您的产品的美学和视觉方面起着重要的作用。在印尼，如同在许多国家一样，”新颖性”的要求是为设计师和创新者提供法律保护的基础。   本文将帮助您了解印度尼西亚工业设计的新颖性条件的重要性，以及它对设计师和商业人士的影响。   印尼工业设计的定义 根据《2000年第31号关于工业设计的法律》第1条，工业设计是关于形状、配置或线条或颜色的创作，或线条和颜色的组合，其形式为三维或二维，能够营造美感，并可以在三维或二维模式中实现，以及可以用于生产某种产品、商品、工业商品或手工艺品。总的来说，这部工业设计法为保护设计免受非法使用或复制提供了法律框架。   新颖性：工业设计保护的核心 工业设计保护的核心在于其新颖性要求。在印尼，为了满足保护要求，设计必须具有新颖性。在这里，新颖性意味着该设计在申请日期或优先权日期之前，从未在全球任何地方向公众公开。这一要求强调了设计的原创性，确保申请保护的设计为消费者带来不同的全新视觉感受。   重要条件 即使一个工业设计与其他设计相似，只要其差异能显著到赋予新设计独特的特性，它也可以被认为是新颖的。 工业设计的新颖性是全球性的。也就是说，一个在印尼新颖的设计如果在其他国家已经公之于众，那么它就不再被视为新颖。 如果工业设计在国内外向公众公开，其新颖性可能会丧失。这可以通过在国内或国际上的正式展览中发生。 如果工业设计由其所有者在教育、研究或开发目的的试验中向公众公开，其新颖性也可能会丧失。   然而，对于上述第3和第4点，存在一个6个月的宽限期，在这期间，工业设计可以向公众公开而不丧失其新颖性。这个宽限期旨在允许设计师在提交保护申请之前，从他们的目标市场获得关于他们设计的反馈。   如果您对印度尼西亚或其他国家的工业设计新颖性有其他问题，请随时通过电子邮件[email protected]与我们联系。我们的微信是 AFFA IPR. 来源: 《2000年第31号关于工业设计的法律》

The-4-Key-Factors-that-Determine-Industrial-Design-Novelty-in-Indonesia-affa-global

The 4 Key Factors that Determine Industrial Design Novelty in Indonesia

Intellectual Property2 Comments

In the ever-evolving landscape of industrial innovation, protecting Intellectual Property Rights is paramount to fostering creativity and encouraging economic growth. Among the various forms of Intellectual Property, Industrial Design plays a crucial role in safeguarding the aesthetic and visual aspects of products. In Indonesia, as in many countries, Industrial Design novelty requirements serve as a foundation for granting legal protection to designers and innovators. This article delves into the significance of Industrial Design novelty requirements in Indonesia, exploring their implications for creators and businesses alike.   Industrial Design in Indonesia: A Brief Overview Industrial Design refers to an article’s ornamental or aesthetic aspect, encompassing its visual appearance and features. It is not concerned with the technical or functional aspects of the product. In Indonesia, Industrial Design protection is governed by Law No. 31 of 2000 concerning Industrial Designs. This legal framework provides creators with the means to protect their original designs from unauthorized use or reproduction.   Novelty Requirements: The Bedrock of Design Protection At the heart of Industrial Design protection lie the novelty requirements. In Indonesia, to qualify for protection, a design must meet the criterion of novelty. Novelty, in this context, means that the design has not been disclosed to the public anywhere in the world before the filing date or priority date of the application. This requirement emphasizes the originality of the design, ensuring that it brings a new and distinct visual impression to consumers.   The Key Factors An Industrial Design can be new even if it is similar to another design, as long as the differences are significant enough to give the new design an individual character. The novelty of an Industrial Design is assessed on a global basis. This means that a design that is new in Indonesia may not be new if it has been made available to the public in another country. The novelty of an Industrial Design can be lost if it is disclosed to the public through nationally and internationally recognized exhibitions. The novelty of an Industrial Design also can be lost if it is disclosed to the public by the owner in the framework of an experiment with the purpose of education, research, or development.   However, for points 3 and 4 above, there is a six-month (6-month) grace period during which an Industrial Design can be made available to the public without losing its novelty. This grace period is intended to allow designers to test the market for their designs before applying for protection.   If you have any questions about Industrial Design novelty in Indonesia or abroad, don’t hesitate to contact us at [email protected]. Sources: Law No. 31 of 2000 concerning Industrial Designs

Exploring-the-Intellectual-Property-Game-in-Basketball-affa

Exploring the Intellectual Property Game in Basketball

Intellectual Property

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

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ASEAN Launches “IP Register” to Boost Intellectual Property Protection

Intellectual Property

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

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

Intellectual Property

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