{"id":5994,"date":"2026-06-08T14:39:09","date_gmt":"2026-06-08T14:39:09","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=5994"},"modified":"2026-06-08T14:39:09","modified_gmt":"2026-06-08T14:39:09","slug":"indonesias-growing-commitment-to-ip-protection-insights-from-the-2026-special-301-report","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2026\/06\/08\/indonesias-growing-commitment-to-ip-protection-insights-from-the-2026-special-301-report\/","title":{"rendered":"Indonesia&#8217;s Growing Commitment to IP Protection: Insights from the 2026 Special 301 Report"},"content":{"rendered":"<p><b>The Office of the United States Trade Representative (USTR) <\/b><span style=\"font-weight: 400;\">recently published its 2026 Special 301 Report, an annual review that evaluates the state of Intellectual Property (IP) protection and enforcement among U.S. trading partners worldwide.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Published in April 2026, the report primarily assesses developments that took place throughout 2025 and early 2026. It is widely regarded as one of the most influential international references for businesses, investors, innovators, and IP owners seeking to understand the IP landscape of major markets around the world.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">While Indonesia remains on the Priority Watch List in this year&#8217;s report, the USTR also acknowledges several positive developments and important reform commitments that demonstrate Indonesia&#8217;s growing focus on strengthening IP protection and enforcement.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">For businesses looking to expand into Southeast Asia&#8217;s largest economy, the report provides valuable insights into both the challenges and opportunities that exist within Indonesia&#8217;s evolving IP ecosystem.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>Understanding Indonesia&#8217;s Position in the 2026 Report<\/b><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The Special 301 Report places countries into different categories based on the USTR&#8217;s assessment of their IP protection and enforcement environment.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Indonesia remains on the Priority Watch List in 2026, alongside countries such as <\/span><b>China<\/b><span style=\"font-weight: 400;\">,<\/span><b> India<\/b><span style=\"font-weight: 400;\">,<\/span><b> Russia<\/b><span style=\"font-weight: 400;\">,<\/span><b> Chile<\/b><span style=\"font-weight: 400;\">, and <\/span><b>Venezuela<\/b><span style=\"font-weight: 400;\">. According to the report, U.S. right holders continue to face concerns relating to piracy, counterfeiting, enforcement effectiveness, and certain regulatory issues.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">However, it is important to understand that remaining on the Priority Watch List does not necessarily indicate a deteriorating IP environment. In fact, the report specifically recognizes a number of improvements made by Indonesia during the review period and highlights several commitments that could lead to significant enhancements in the future.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>Key Challenges Identified by the USTR<\/b><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The report notes that piracy and counterfeiting remain among the primary concerns in Indonesia.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">According to the USTR, stakeholders continue to report:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Widespread online piracy and counterfeiting;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Limited enforcement actions against sellers of pirated and counterfeit goods;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Continued use of piracy devices and piracy applications;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Concerns regarding certain provisions of Indonesia&#8217;s Copyright Law;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Unauthorized camcording activities;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Unlicensed software use; and<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Judicial delays and limited IP expertise among some judges.<\/span><\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The report also notes that as manufacturing activities continue to expand in Indonesia, local production of counterfeit goods has reportedly increased in certain sectors. At the same time, counterfeit sales have increasingly shifted from physical markets to online platforms, creating additional enforcement challenges.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Interestingly, the report links this trend to the broader shift of manufacturing activities from China to countries such as Indonesia. While this development creates new enforcement challenges, it also reflects Indonesia&#8217;s growing role in global supply chains and manufacturing investment. As more businesses establish production and commercial operations in Indonesia, securing Intellectual Property rights at an early stage becomes increasingly critical.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Another area highlighted by the USTR concerns border enforcement. While <\/span><b>Indonesia&#8217;s Directorate General of Customs and Excise <\/b><span style=\"font-weight: 400;\">possesses <\/span><i><span style=\"font-weight: 400;\">ex officio<\/span><\/i><span style=\"font-weight: 400;\"> authority to take action against infringing goods, practical obstacles have reportedly limited broader use of the customs recordation system by foreign right holders.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The report also identifies concerns relating to Geographical Indications (GIs), pharmaceutical regulatory data protection, Patent implementation requirements, and certain market access measures affecting foreign films.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The report also encourages Indonesia to maintain transparency and due process in the protection of geographical indications, particularly as negotiations under the <\/span><b>EU-Indonesia Comprehensive Economic Partnership Agreement (CEPA)<\/b><span style=\"font-weight: 400;\"> continue.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>Positive Progress Recognized by the USTR<\/b><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Despite these concerns, the 2026 report acknowledges that Indonesia made progress in IP enforcement during 2025.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">According to the USTR, stakeholders observed improvements in Indonesia&#8217;s efforts to address online piracy, including increased cooperation between the <\/span><b>Directorate General of Intellectual Property (DGIP)<\/b><span style=\"font-weight: 400;\"> and the<\/span><b> Ministry of Communications and Digital Affairs<\/b><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The report also highlights the continued activities of Indonesia&#8217;s IP Enforcement Task Force, which has been working to increase awareness of IP-related issues across government agencies and encourage more investigations into IP infringement cases.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Furthermore, the Indonesian government is reportedly considering establishing a larger national task force dedicated to trade monitoring and IP enforcement.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Despite these efforts, the report notes that criminal enforcement remains relatively limited compared to the size of the Indonesian market. According to stakeholders cited by the USTR, there has reportedly been only one criminal conviction in a copyright piracy case during the past five years, highlighting why enforcement remains a key area for future improvement.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>A Major Development: The U.S.-Indonesia Agreement on Reciprocal Trade<\/b><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">One of the most significant developments mentioned in the report is the signing of the<\/span><b> U.S.-Indonesia Agreement on Reciprocal Trade <\/b><span style=\"font-weight: 400;\">on February 19, 2026.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">According to the USTR, Indonesia has committed to taking steps to address many long-standing IP concerns through this agreement.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The commitments include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Significantly increasing IP enforcement actions;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Eliminating local domicile requirements within the customs recordation system;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Criminalizing the trafficking of devices that circumvent technological protection measures;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Criminalizing unauthorized camcording;<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Extending Copyright protection terms for certain categories of works to seventy years from first publication; and<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Providing protection against unfair commercial use and unauthorized disclosure of pharmaceutical and agricultural test data.<\/span><\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">One particularly noteworthy commitment is the planned removal of local domicile requirements within Indonesia&#8217;s customs recordation system. The USTR previously identified this requirement as one of the factors limiting foreign right holders&#8217; ability to utilize border enforcement mechanisms. If implemented, the change could make customs enforcement more accessible and practical for international brand owners and rights holders.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">The agreement also contains commitments relating to the protection of regulatory test data submitted to obtain marketing approval for pharmaceutical and agricultural chemical products. This issue has long been monitored by research-intensive industries, and stronger safeguards could contribute to greater confidence among companies investing in innovation-driven sectors.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>Looking Ahead<\/b><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">Although Indonesia remains on the Priority Watch List, the 2026 Special 301 Report also points to growing efforts to strengthen IP protection and enforcement. Recent enforcement initiatives and reform commitments suggest that Indonesia is moving toward a more robust IP environment.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">For businesses, innovators, and brand owners, this underscores the importance of taking a proactive approach to protecting trademarks, Patents, Copyrights, and other IP assets when operating in Indonesia. As the market continues to grow, strong IP protection will remain an essential component of long-term business success.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>For further information regarding Intellectual Property protection in Indonesia, please contact us through our channels below and take advantage of our complimentary 15-minute consultation:<\/b><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">\ud83d\udce9 E-Mail<\/span> <span style=\"font-weight: 400;\">: emirsyah.dinar@affa.co.id<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\ud83d\udcde Book a Call<\/span> <span style=\"font-weight: 400;\">: +62 21 83793812<\/span><\/p>\n<p><span style=\"font-weight: 400;\">\ud83d\udcac WhatsApp<\/span> <span style=\"font-weight: 400;\">: +62 812 87000 889<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>About AFFA:\u00a0<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support\u2014from prosecution and licensing to enforcement and commercialization\u2014in Indonesia\u2019s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including <\/span><b>\u201cBest Boutique Law Firm in Indonesia\u201d<\/b><span style=\"font-weight: 400;\"> and<\/span><b> \u201cIP Enforcement Firm\u201d <\/b><span style=\"font-weight: 400;\">at the Indonesia Law Firm Awards 2025 by <\/span><b>Asia Business Law Journal<\/b><span style=\"font-weight: 400;\">, as well as being listed as a <\/span><b>\u201cRecommended Firm 2024 \u2014 Indonesia\u201d<\/b><span style=\"font-weight: 400;\"> by <\/span><b>WTR 1000: The World\u2019s Leading Trademark Professionals<\/b><span style=\"font-weight: 400;\">. For more information, please visit: <\/span><a href=\"http:\/\/www.affa.co.id\"><span style=\"font-weight: 400;\">www.affa.co.id<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Office of the United States Trade Representative (USTR) recently published its 2026 Special 301 Report, an annual review that evaluates the state of Intellectual Property (IP) protection and enforcement among U.S. trading partners worldwide. &nbsp; Published in April 2026, the report primarily assesses developments that took place throughout 2025 and early 2026. It is widely regarded as one of the most influential international references for businesses, investors, innovators, and IP owners seeking to understand the IP landscape of major markets around the world. &nbsp; While Indonesia remains on the Priority Watch List in this year&#8217;s report, the USTR also acknowledges several positive developments and important reform commitments that demonstrate Indonesia&#8217;s growing focus on strengthening IP protection and enforcement. &nbsp; For businesses looking to expand into Southeast Asia&#8217;s largest economy, the report provides valuable insights into both the challenges and opportunities that exist within Indonesia&#8217;s evolving IP ecosystem. &nbsp; Understanding Indonesia&#8217;s Position in the 2026 Report &nbsp; The Special 301 Report places countries into different categories based on the USTR&#8217;s assessment of their IP protection and enforcement environment. &nbsp; Indonesia remains on the Priority Watch List in 2026, alongside countries such as China, India, Russia, Chile, and Venezuela. According to the report, U.S. right holders continue to face concerns relating to piracy, counterfeiting, enforcement effectiveness, and certain regulatory issues. &nbsp; However, it is important to understand that remaining on the Priority Watch List does not necessarily indicate a deteriorating IP environment. In fact, the report specifically recognizes a number of improvements made by Indonesia during the review period and highlights several commitments that could lead to significant enhancements in the future. &nbsp; Key Challenges Identified by the USTR &nbsp; The report notes that piracy and counterfeiting remain among the primary concerns in Indonesia. &nbsp; According to the USTR, stakeholders continue to report: Widespread online piracy and counterfeiting; Limited enforcement actions against sellers of pirated and counterfeit goods; Continued use of piracy devices and piracy applications; Concerns regarding certain provisions of Indonesia&#8217;s Copyright Law; Unauthorized camcording activities; Unlicensed software use; and Judicial delays and limited IP expertise among some judges. &nbsp; The report also notes that as manufacturing activities continue to expand in Indonesia, local production of counterfeit goods has reportedly increased in certain sectors. At the same time, counterfeit sales have increasingly shifted from physical markets to online platforms, creating additional enforcement challenges. &nbsp; Interestingly, the report links this trend to the broader shift of manufacturing activities from China to countries such as Indonesia. While this development creates new enforcement challenges, it also reflects Indonesia&#8217;s growing role in global supply chains and manufacturing investment. As more businesses establish production and commercial operations in Indonesia, securing Intellectual Property rights at an early stage becomes increasingly critical. &nbsp; Another area highlighted by the USTR concerns border enforcement. While Indonesia&#8217;s Directorate General of Customs and Excise possesses ex officio authority to take action against infringing goods, practical obstacles have reportedly limited broader use of the customs recordation system by foreign right holders. &nbsp; The report also identifies concerns relating to Geographical Indications (GIs), pharmaceutical regulatory data protection, Patent implementation requirements, and certain market access measures affecting foreign films. &nbsp; The report also encourages Indonesia to maintain transparency and due process in the protection of geographical indications, particularly as negotiations under the EU-Indonesia Comprehensive Economic Partnership Agreement (CEPA) continue. &nbsp; Positive Progress Recognized by the USTR &nbsp; Despite these concerns, the 2026 report acknowledges that Indonesia made progress in IP enforcement during 2025. &nbsp; According to the USTR, stakeholders observed improvements in Indonesia&#8217;s efforts to address online piracy, including increased cooperation between the Directorate General of Intellectual Property (DGIP) and the Ministry of Communications and Digital Affairs. &nbsp; The report also highlights the continued activities of Indonesia&#8217;s IP Enforcement Task Force, which has been working to increase awareness of IP-related issues across government agencies and encourage more investigations into IP infringement cases. &nbsp; Furthermore, the Indonesian government is reportedly considering establishing a larger national task force dedicated to trade monitoring and IP enforcement. &nbsp; Despite these efforts, the report notes that criminal enforcement remains relatively limited compared to the size of the Indonesian market. According to stakeholders cited by the USTR, there has reportedly been only one criminal conviction in a copyright piracy case during the past five years, highlighting why enforcement remains a key area for future improvement. &nbsp; A Major Development: The U.S.-Indonesia Agreement on Reciprocal Trade &nbsp; One of the most significant developments mentioned in the report is the signing of the U.S.-Indonesia Agreement on Reciprocal Trade on February 19, 2026. &nbsp; According to the USTR, Indonesia has committed to taking steps to address many long-standing IP concerns through this agreement. &nbsp; The commitments include: Significantly increasing IP enforcement actions; Eliminating local domicile requirements within the customs recordation system; Criminalizing the trafficking of devices that circumvent technological protection measures; Criminalizing unauthorized camcording; Extending Copyright protection terms for certain categories of works to seventy years from first publication; and Providing protection against unfair commercial use and unauthorized disclosure of pharmaceutical and agricultural test data. &nbsp; One particularly noteworthy commitment is the planned removal of local domicile requirements within Indonesia&#8217;s customs recordation system. The USTR previously identified this requirement as one of the factors limiting foreign right holders&#8217; ability to utilize border enforcement mechanisms. If implemented, the change could make customs enforcement more accessible and practical for international brand owners and rights holders. &nbsp; The agreement also contains commitments relating to the protection of regulatory test data submitted to obtain marketing approval for pharmaceutical and agricultural chemical products. This issue has long been monitored by research-intensive industries, and stronger safeguards could contribute to greater confidence among companies investing in innovation-driven sectors. &nbsp; Looking Ahead &nbsp; Although Indonesia remains on the Priority Watch List, the 2026 Special 301 Report also points to growing efforts to strengthen IP protection and enforcement. Recent enforcement initiatives and reform commitments suggest that Indonesia is moving toward a more robust IP environment. &nbsp; For businesses, innovators, and brand&hellip;<\/p>\n","protected":false},"author":1,"featured_media":5996,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[81],"tags":[48,177,51,251,68,258,75,364,76,372,77,393,79,394,87,104,114,115,116,136,16,139,35,145,43,163],"class_list":["post-5994","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-intellectual-property","tag-merek","tag-indonesia","tag-kekayaan-intelektual","tag-geographical-indication","tag-affa","tag-us","tag-ip","tag-performance","tag-ki","tag-ustr","tag-paten","tag-priority-watch-list","tag-your-ip-is-our-expertise","tag-illegal","tag-affa-ipr","tag-merek-indonesia-bisa","tag-industrial-design","tag-desain-industri","tag-djki","tag-counterfeit","tag-patent","tag-indikasi-geografis","tag-trademark","tag-timing-is-everything","tag-intellectual-property","tag-dgip","category-81","description-off"],"_links":{"self":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts\/5994","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/comments?post=5994"}],"version-history":[{"count":1,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts\/5994\/revisions"}],"predecessor-version":[{"id":5995,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts\/5994\/revisions\/5995"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/media\/5996"}],"wp:attachment":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/media?parent=5994"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/categories?post=5994"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/tags?post=5994"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}