{"id":5750,"date":"2025-10-21T04:40:02","date_gmt":"2025-10-21T04:40:02","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=5750"},"modified":"2025-10-27T06:58:28","modified_gmt":"2025-10-27T06:58:28","slug":"when-private-tech-goes-public-the-opening-chapter-of-sep-litigation-in-indonesia","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2025\/10\/21\/when-private-tech-goes-public-the-opening-chapter-of-sep-litigation-in-indonesia\/","title":{"rendered":"When Private Tech Goes Public: The Opening Chapter of SEP Litigation in Indonesia"},"content":{"rendered":"

In recent years, the global conversation about Patents has shifted from <\/span>who invented first <\/span><\/i>to <\/span>who controls the standard<\/span><\/i>. Behind the arrival of 5G on our phones, Wi-Fi in every public space, and USB-C as a universal port, lies a term that increasingly dominates Intellectual Property discussions: <\/span>Standard Essential Patents (SEP)<\/b>. This is no longer merely about exclusive rights, but about access to technology and the governance of the global digital industry.<\/span><\/p>\n

Indonesia may not yet be the main arena for SEP disputes, but several cases\u2014such as Nokia\u2019s Patent disputes in the Commercial Court\u2014signal that this issue is no longer confined to Europe or the United States. When a company\u2019s Patent has been adopted as part of a global technical standard, the question becomes more complex: how should its license be opened? Should there be a \u201cpublic interest\u201d limitation under <\/span>FRAND (Fair, Reasonable, and Non-Discriminatory)<\/b> terms? Unlike disputes in the pharmaceutical or life sciences sectors that often revolve around novelty, indication, or public domain, SEP issues introduce new dimensions:<\/span> standardization, access, and interoperability<\/b>. A Patent does not only protect technology\u2014it can determine<\/span> who<\/span><\/i> may enter the market, and <\/span>under what conditions<\/span><\/i>.<\/span><\/p>\n

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Indonesia\u2019s First SEP-Related Case<\/b><\/p>\n

The first SEP-related case in Indonesia emerged in 2015 between <\/span>PT Polarchem, PT Garuda Tasco International, PT Star Metal Ware Industry, and PT Golden Agin<\/b> against the holder of <\/span>Patent IDS0001281<\/b>.<\/span><\/p>\n

Patent IDS0001281 was registered as a Utility Model, describing the technical specifications of a sprayer, filed on 31 May 2012. The Utility Model closely resembled an <\/span>Indonesian National Standard (SNI)<\/b> established in 2018, which governed the criteria and testing methods for electric backpack sprayers.<\/span><\/p>\n

The Patent Holder objected to the enactment of SNI 8485:2018, arguing that it infringed on the Patent and refused to license the technology\u2014an action that clearly violated the FRAND principle for inventions adopted as national standards.<\/span><\/p>\n

Initially, the Patent Holder won before the <\/span>Central Jakarta Commercial Court <\/b>(Decision No. 75\/Pdt.Sus-Paten\/2015\/PN.Niaga.Jkt.Pst, 30 June 2016). However, upon judicial review, the <\/span>Supreme Court<\/b> (Decision No. 147 PK\/Pdt.Sus-HKI\/2018) determined that Patent IDS0001281 lacked technical novelty, ruling that the Utility Model was not new, and subject to cancellation.<\/span><\/p>\n

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The Nokia SEP Cases<\/b><\/p>\n

Another major development involved four cases between <\/span>Nokia Technologies Oy <\/b>and mobile phone assemblers or distributors in Indonesia. These cases demonstrated consistent SEP argumentation patterns.<\/span><\/p>\n

Nokia mapped its telecommunications Patent claims to specific <\/span>3GPP Technical Specifications<\/b> adopted under Indonesia\u2019s standardization framework.<\/span><\/p>\n