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Exploring the Intellectual Property Game in Basketball

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

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

“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].

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3 Proven Methods to Accelerate the Patent Examination Process in Indonesia

The Directorate General of Intellectual Property of the Republic of Indonesia under the Ministry of Law and Human Rights of the Republic of Indonesia (from now on referred to as “DGIP”) has established various procedures under which the examination of a Patent application may be accelerated. Under these procedures, DGIP will advance an application out of turn for faster examination if the applicant files the following special requests through the ASPEC program, Indonesia-Japan PPH program, or simply by providing the examiner in charge the granted corresponding claims from other Patent Offices, such as the USPTO, JPO, EPO, and others.   We herewith summarize the options that may suit your needs, depending on where you file your Patent applications in other jurisdictions:   1. ASEAN Patent Examination Co-operation (ASPEC) The ASPEC was launched on 15 June 2009. The first regional Patent work-sharing program involves nine participating ASEAN Member States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam. The program aims to accelerate the patent examination process by encouraging each participating Patent Offices to share search and examination results to allow applicants in the participating countries to obtain corresponding patents faster and more efficiently. Since ASPEC aims to reduce duplication in the search and examination work done, it is hoped that the search and examination work done on a corresponding application can be used as a helpful reference in producing high-quality examination reports. Hence, if you can obtain the examination results from other countries in the participating Patent Offices, the examination results or reports can be used as the basis of examination acceleration as long as the corresponding claims are the same. When requesting ASPEC, the Patent applicant is required to submit an ASPEC Request Form to the second Patent Office. The following documents shall accompany the ASPEC Request Form: A copy of the Search and Examination (S&E) report or the Examination Report (“minimum documents”) of a corresponding application from the first IP Office; and A copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. or a PCT ASPEC request, the Patent applicant must indicate that the request is for PCT ASPEC in the ASPEC form. The completed ASPEC request form shall be submitted together with the following documents: A copy of the written opinion/international preliminary examination report (“WO/ISA, WO/IPEA or IPER”) established by an ASEAN International Searching Authority/International Preliminary Examining Authority (ASEAN ISA/IPEA) (“minimum documents”) relating to a corresponding application from the first IP Office; and A copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. Please remember that the request to utilize ASPEC can only be made after the application has finished the publication stage. Based on our experience, the time it takes from filing the ASPEC request until the issuance of the decision to grant will not be more than 12 months – a significant improvement in lead or pendency times compared to the processing time for non-ASPEC patent applications in Indonesia.   2. Indonesia-Japan Patent Prosecution Highway (Indonesia-Japan PPH) The Japan Patent Office (JPO) and the DGIP initiated a Patent Prosecution Highway Program (PPH) on June 1, 2013. Since then, the PPH has been chosen by many applicants who have previously filed their base applications in Japan to accelerate the Patent applications in Indonesia. The PPH request can be filed at any time as long as it is before the deadline to request the substantive examination stage. Please note that an official fee of Rp 5,000,000.00 will be incurred for requesting the PPH acceleration program. When it comes to the requirements, the DGIP will require the applicant to provide the following documents to start the accelerated examination process: All formality documents required to file the application have been submitted and the DGIP will issue the notice of formality documents completion, which should also be provided by the applicant; Proof of payment to file a substantive examination request; The application should have passed the Publication of Period of 6 months; PPH Form (filled in); Corresponding claims which should be equivalent or less compared to the claims granted by the JPO; OEE and OLE examination results; and OEE/OLE in English and/or in the Indonesian language. Based on our experience, the time it takes from filing the PPH request until the issuance of the decision to grant will not be more than 7 to 12 months – a significant improvement in lead or pendency times compared to the processing time for non-ASPEC (or PPH) Patent applications in Indonesia.   3. Providing Corresponding Registered Claims from Other Patent Offices In case none of the options above apply to you, you may also provide the examiners at the DGIP with the corresponding granted claims from other well-established Patent Offices, such as the USPTO, UKIP, EP, AUIPO, SIPO, JPO, etc. The provision of the corresponding granted claims from the aforementioned Patent Offices will make it easier for the examiners at the DGIP to expedite the examination. Please note that the documents should be provided with the equivalent English translation to make it easier for the decision making process by the examiners.   For any questions about Patent applications in Indonesia, please do not hesitate to contact us at [email protected].

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Brushstrokes & Trademarks Indonesia’s Copyright Quirk

Article 65 of the Indonesian Copyright Law crafts a vibrant patchwork in the legal tapestry of intellectual property rights. It explicitly prohibits the registration of a work of art, specifically a painting, as a copyright when it is used as a logo or distinguishing mark for a trade of goods or services or represents a symbol for an organization, business entity, or legal entity. This law paints a clear boundary line in the diverse field of intellectual property rights, where copyrights and trademarks often play tug-of-war.   However, an intriguing paradox has emerged in practice. Many parties try to draw double protection by registering the exact artistic representation as both a Trademark and Copyright – in other words, trying to overdo it by “double kill.” This practice takes advantage of a perceived grey area between the two distinct protections, aiming to arm the creator with an extra layer of legal armor. By doing so, they attempt to circumvent the spirit of Article 65, setting up a fascinating legal conundrum and an escalating tug-of-war between the copyright and trademark protection regimes in Indonesia.   In the past, there have been some warnings by the Indonesian Copyright Office to unilaterally withdraw the recorded copyrights if they are found to have breached Article 65 of the Copyright Law. A solution to this discrepancy lies in tightening the enforcement by the Indonesian IP Office, ensuring that the lines dividing trademarks and copyrights remain as sharp and clear as the brushstrokes of a master artist. Thus, Article 65 of the Indonesian Copyright Law continues to challenge the art and business words, forcing them to think outside the frame without doubling down on the protection for the same object illegally.   Should you have any questions about Copyright Recordation in Indonesia or abroad, please get in touch with us via [email protected].

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AFFA IPR: Your Source for Indonesia’s Patent Protection Guide Available on Lexology

We are excited to announce that AFFA Intellectual Property Rights (IPR) has contributed to Lexology, showcasing our commitment to excellence and knowledge sharing. Check out our latest article, “Patent Protection Guide in Indonesia – Getting the Deal Through.”   Lexology is a premier legal news and analysis website, delivering international legal updates, insights, and analysis. With over 450 articles published daily from over 800 top law firms and service providers worldwide, it’s a trusted source for legal professionals and decision-makers.   At AFFA IPR, we recognize the significance of being associated with Lexology. As one of the leading sources of legal insights, the platform provides valuable, up-to-date information to a global audience. By sharing our expertise, we aim to contribute meaningfully to the legal discourse and offer valuable insights to our peers and clients.   Stay updated with the latest developments and insights by following our page on Lexology. Engage with our content, leave comments, and share your thoughts as we foster an open dialogue and collaborative learning environment. For downloadable copies of our articles, reach out to [email protected]. Join us on Lexology as we continue to empower businesses with valuable Intellectual Property insights.

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

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

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The Whitest Paint: Innovation for a Hot Planet

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

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IOC & WIPO Join Forces to Promote IP Use & Management in Sport

IP rights are increasingly important in the sports industry, as they protect brands, logos, and other intellectual property assets, while the global sports industry is worth an estimated $624 billion. To ensure that IP is used responsibly and sustainably and that it benefits all stakeholders in the sports ecosystem, the International Olympic Committee (IOC) and the World Intellectual Property Organisation (WIPO) have signed a Framework Cooperation Agreement to promote the use and management of intellectual property (IP) in sports.    The agreement, which was signed on June 13, 2023, at the Olympic House in Lausanne, Switzerland, establishes a legal framework for the collaboration between the two organizations. The IOC and WIPO are both committed to the development and promotion of innovation, creativity, and the responsible management of IP in sports. By working together, they aim to foster common goals within their missions, including: Protecting the IP rights of athletes, sports organizations, and other stakeholders in the sports industry; Promoting the use of IP to drive innovation and creativity in sports; Ensuring that IP is used responsibly and sustainably.   The agreement between the IOC and WIPO will cover a wide range of activities, including: Sharing information and best practices on IP management; Collaborating on research and development projects; Organizing joint training and education programs; Providing technical assistance to sports organizations.   The IOC and WIPO believe that this agreement will help to strengthen the global sports ecosystem and ensure that IP is used to its full potential to benefit athletes, sports organizations, and fans around the world. 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: The Olympics  

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5 Richest People Who Live From Selling Fonts

Fonts are Intellectual Property that can be sold outright or licensed. You can sell them directly from your own website or through a font foundry. The amount of income you make depends on the popularity of your fonts, the licensing terms you offer, and the sales channels you use. But before considering selling the fonts you make, you should record your fonts as Copyrights to Copyright Office, or in Indonesia called DGIP (Directorate General Intellectual Property).   If you create a successful font, you can potentially earn a significant amount of money. Here are some additional ways to get income from fonts: Create Custom Fonts for Businesses or Individuals This can be an excellent way to earn a steady stream of income, as businesses and individuals are always looking for unique fonts to use for their branding or marketing materials. Use Fonts on Social Media Being active on social media with lots of followers has many advantages. One way is to display and use your own fonts through additional applications to become the default font of your posts that many people can see. Create Fonts for Games or Apps This can be a good way to reach a specific audience and earn a commission on each sale.   If you’re interested in creating fonts as a way to make money, there are a few things you can do to increase your chances of success: Learn About the Font Industry This includes understanding the different types of fonts, the licensing terms that are available, and the marketing channels that are most effective. Create High-Quality Fonts This means paying attention to the details, such as the kerning, the hinting, and the overall appearance of the fonts. Promote Your Fonts This includes creating a website or blog for your fonts, as well as using social media and other channels to reach potential buyers.   Creating fonts can be a challenging but rewarding way to make money. If you have the skills and the dedication, you can create fonts that are both beautiful and profitable, just like these five people: Steve Matteson – Net Worth: $10 million Matteson is an American type designer and fontographer. He is best known for creating the popular fonts “Lucida Grande” and “Lucida Sans”. Matteson has also created fonts for Apple, Microsoft, and Adobe. Matthew Carter – Net Worth: $8 million Carter is an English type designer. He is best known for creating the fonts “Gill Sans” and “Times New Roman”. Carter has also created fonts for the New York Times, the BBC, and the U.S. Government. Erik Spiekermann – Net Worth: $7 million Spiekermann is a German type designer and typographer. He is best known for creating the fonts “Frutiger” and “Optima”. Spiekermann has also founded the type foundry FontShop International. Jonathan Hoefler – Net Worth: $6 million Hoefler is an American type designer and typographer. He is best known for creating the fonts “Hoefler Text” and “Gotham”. Hoefler has also founded the type foundry Hoefler & Co. Mike Abbink – Net Worth: $5 million Abbink is a Dutch type designer and typographer. He is best known for creating the fonts “Avenir” and “Univers”. Abbink has also founded the type foundry Font Bureau.   It is important to note that these estimates are based on publicly available information and may not be entirely accurate. However, they give a general idea of the wealth of some of the most successful font creators in the world. If you need further information about Copyright Recordation for fonts in Indonesia and abroad, please contact us via [email protected]. Sources: Commarts.com: Cold Cash for Hot Fonts Jonathan Hoefler: Typeface Design (2019) You are a what? Font Designer