Following several protests from various Chambers of Commerce around the world, the Government of the Republic of Indonesia is set to issue implementing regulation of Article 20 of Law No. 13 Year 2016 on Patents. The article stipulates that the Patent Holder shall manufacture the patented products or to use the patented process in Indonesia. The aim of this provision is not other than to support technology transfer and to increase the level of Direct Foreign Investment in Indonesia. This provision is meant to reflect the content of Article 7 of the TRIPS Agreement which stipulates that the IP enforcement shall contribute to the promotion of innovation and the dissemination of technology.
While the draft content remains out of public sight, we are adamant that the content of the Regulation will revolve on the authority of the Ministry of Law and Human Rights to form a specialized unit which role is to decide whether or not the Patent Holder can delay the manufacturing or the use of Patented Invention in Indonesia or not.
We shall update you with the draft bill once it is made available to public.