If you plan to do business in Indonesia, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British businesses looking for access to intellectual property advice and support should contact our South East Asia attaché team, based in the High Commission in Singapore
The Directorate General of Intellectual Property (DGIP) is the body responsible for operating the patent, industrial design and trade mark system in Indonesia.
Trademarks
The Indonesian trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for ten years, then may be renewed indefinitely for further ten-year periods.
To protect a trade mark in Indonesia you can:
- Apply direct to DGIP
- Make an international trade mark application and select Indonesia as a designated country. More information on international trade mark can be found in the protecting your trade mark abroad page.
Good to know
Applications must be made in Bahesa Indonesian.
It is recommended to use a local lawyer to submit your application.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in Indonesia. Indonesia also provides protection for utility models for up to 10 years. Utility models are sometimes called “mini-patents” and require a lower level of inventiveness. All patent rights in Indonesia are subject to the payment of annual fees after they’ve been granted.
To protect your innovation with a patent in Indonesia you can:
- File an application directly to DGIP
- File an international patent application and select Indonesia as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the protecting your patents abroad page.
- File an ASEAN application via ASEAN Patent Examination Co-operation (ASPEC). This can reduce cost and effort of applying for patents in multiple ASEAN countries.
Good to know
Indonesia operates a ‘first to file’ principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. Indonesia does operate grace period where you can register a patent within 6 months of any public disclosure.
Applications should be made in Bahesa Indonesian. DGIP does offer a translation service however this can often cause delays.
It is recommended to use a local lawyer to submit your application.
Designs
In Indonesia, design protection initially last for 10 and cannot be extended.
To protect your design in the Indonesia you should file an application directly to DGIP.
Good to know
Indonesia operates a ‘first to file’ principle. If two people apply for an identical design, the first one to file the application will be awarded the protection. Indonesia does operate grace period where you can register a patent within 6 months of specific public disclosures.
Applications must be made in Bahasa Indonesia and can be made either by the designer or an individual on your behalf e.g., a lawyer.
Copyright
As in the UK, copyright is an automatic right under Indonesian law.
Copyright in Indonesia protects original literary, artistic, and scientific works including computer programmes.
The length of protection varies but generally lasts for 70 years counted from 1 January of the year following the author’s death.
Good to know
Although protection is automatic, you may want to register your work with DGIP. Registration is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authority.
Declarations of copyright must be made in Bahasa Indonesian and can be made either by yourself or another individual on your behalf for example a lawyer.
Enforcing your rights
Businesses mention IP infringement and IP enforcement as issues when operating in
Indonesia.
If your rights are infringed, there are 3 main options you can consider: civil litigation, criminal prosecution, and customs seizures however mediation via legal professionals is often an effective and lower cost option.
IP infringement is a criminal offence however enforcement is often difficult. In practice, only minor fines are given for IP crimes. IP infringement is a complaint-based crime where the IP holder needs to file a complaint with the police or DGIP before any action such as raids is taken.
If you suspect goods infringing your trade mark or copyright are being imported into Indonesia, you can notify the customs via the courts of suspected shipments however in practice seizures are rare.
More information
For specific support on IP enforcement we have developed a manual including details on the laws and regulations as well as the IP enforcement procedures in Indonesia.
Visit these pages for more information about doing business in Indonesia.
To report a market access barrier on IP in Indonesia.
UK ASEAN Business Council (UKABC) provides awareness on the latest opportunities in the region for UK companies looking to expand their operations into markets across Southeast Asia including Indonesia.
British Chamber of Commerce in Indonesia provide a variety of business advice, services and support to businesses in Indonesia.
The British High Commission in Indonesia supports UK businesses operating in Indonesia.
https://www.gov.uk/guidance/ip-in-indonesia
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.