Overview
As the fourth-most populous country in the world, Indonesia’s potential is enormous. Its growth in recent years has been exponential, and this is in no small part due to improvements in its IP regime.
Since the sanctioning of the World Trade Organization’s (WTO) Agreement on Trade-related Aspects of Intellectual Property Amendments (TRIPs Agreement) in 1994, Indonesia has taken active steps to develop and issue IP laws, creating a better framework for IP protection and providing a better environment for the development of IP.
In 1997, it became party to the Patent Co-operation Treaty (PCT), meaning that patent applications in Indonesia can be filed in Indonesia as part of one application in conjunction with other PCT states.
As a result of the ASEAN Economic Community’s Harmonisation Plan, Indonesia committed to becoming signatory to the Madrid Agreement Concerning the International Registration of Marks (also known as the “Madrid Protocol”). The Protocol entered into force in Indonesia on January 2nd, 2018, with Indonesia becoming the 100th member of the Madrid Union.
Growth of Indonesia’s IP landscape
The governmental body concerning IP in Indonesia, the Directorate General of Intellectual Property (DGIP), has drafted and circulated new IP laws including a “cyberlaw” for online copyright provision, regulations on geographical indications and legislation relating to the recordal of patent assignments.
Meanwhile, existing laws on copyright, trademarks and patents are regularly revised in accordance to international best practices.
Given all these initiatives, Indonesia’s IP legislation is considered comprehensive and in accordance with international standards.
| Major international treaties signed |
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| Costs of obtaining a patent | Please contact us at indonesia@mirandah.com | |
| Average time to obtain a patent | 24 to 48 months from PCT national phase entry 24 to 48 months from the filing date for Paris Convention entry 24 months from the filing date for Simple patent |
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| Official language for patent prosecution |
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| Non-patentable subject matter |
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| Grace period for prior disclosure or sale | 6 months before the Indonesian filing date (for experiments, R&D or disclosure to learned community) | |
| Major prosecution events | Paris Convention entry:12 months from priority
National phase entry: 31 months from priority Request for Examination:36 months from filing Payment of first annual fees or backfees: within 6 months from issuance of notice of grant Renewals of patents:Every year |
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| Filing and prosecution procedures | Stage 1: Filing Stage 2: Formality Examination Stage 3: Publication & Opposition (if any) Stage 4: Substantive Examination Stage 5: Grant Stage 6: Renewal/ Annuity |
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| Extension of office action deadlines | Available | |
| Necessary document for filing | Power of Attorney Deed of Assignment*English translation is additionally required for documents not originally in English (e.g. patent specification) |
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| Pharmaceutical Data Exclusivity Laws | Not available | |
| Search and Examination | The Patent Office conducts its own Search and Examination but favours Search and Examination reports issued in prescribed countries such as US, UK, Australia, Japan and South Korea and mostly from European Patent Office | |
| Opposition term | 6 months during publication period | |
| Term of patent protection | 20 years commencing from the filing date for PCT and Paris Convention application 10 years commencing from the filing date for Simple Patent |
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| Patent term extension | Not available | |
| Restoration of lapsed patent | Not available | |
| Parallel Imports | Patent Law no. 14 of 2001 regulates that parallel imports are not permissible, however, in practice, this is still difficult to implement due to a lack of coordination between the IP office and customs office | |
| Other forms of patents (e.g. Petty/innovation patents) | Simple Patent: A maximum of one invention is allowable.
The scope of invention for simple patents has been expanded to include new inventions – or developments of existing products or processes – that may be applied within an industry. |
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| Useful links | Patent Agents & Attorneys in Indonesia www.dgip.go.id |
| Infringement offence | Available |
| Specialised courts for IP | Not available |
| Outline of the enforcement steps | Cease and Desist Letter Infringement lawsuit |
| Relief against groundless threats | Regulated but cannot be implemented due to lack of technical regulation |
| Declaration of non-infringement | Not available |
| Preliminary injunctions | Available |
| Time frame for various legal actions | Revocation – 6 to 8 months for first instance and 8 to 12 months for Cassation Infringement proceeding – 6 to 8 months for first instance and 8 to 12 months for CassationAppeal against decision to grant – within 9 months from date of notification of grant. |
| Alternative dispute resolution | Mediation Arbitration Conciliation |
| Availability of damages and other relief for infringement | Injunction Loss of revenue |
| Civil remedies | Not Available |
| Criminal Sanctions | Penalty Jail sentence (max. 4 years) |
| Legal Basis | Law No. 20 of 2016 concerning Trademark and Geographical Indications effective 25 November 2016. |
| Major international treaties signed |
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| Cost of obtaining a trademark | Please contact us at indonesia@mirandah.com |
| Average time to obtain a trademark | 12 to 18 months |
| Official language for trademark prosecution | Bahasa Indonesia |
| Registrable marks | A sign in the form of a picture, name, word, letters, numerals, composition of colors, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services |
| Filing and prosecution procedures | Stage 1: Filing Stage 2: Formality Examination Stage 3: Publication Stage 4: Opposition (if any) Stage 5: Substantive Examination Stage 6: Registration Stage 7: Renewal |
| Number of classes | 45 (11th Edition Nice Classification) |
| Multiple class filing | Available |
| Filing of series marks | Available – as long as proprietor/applicant is the same party |
| Necessary document for filing | Power of Attorney Priority document and sworn translation (for application claiming priority) |
| Common objections | Deceptiveness Bad faith Prior conflicting rights Non-distinctiveness Descriptiveness |
| Extension of office action deadlines | Not available |
| Publication term for opposition filing | 2 months |
| Term of trademark protection | 10 years (renewable) |
| Restoration of lapsed trademark | Not available |
| Parallel Imports | Not available |
| Minimum period of use to avoid non-use cancellation action | 3 years (continuous) |
| Useful links | www.dgip.go.id and https://pdki-indonesia.dgip.go.id/ |
| Infringement offence | Available |
| Specialised courts for IP | Not available |
| Outline of the enforcement steps | Civil Infringement pursuant to the Law No. 20 Year 2016 concerning MarksCriminal Trademark counter/infringement pursuant to the Law No. 20 Year 2016 concerning Marks Border Measures |
| Relief against groundless threats | Not available |
| Declaration of non-infringement | Not available |
| Preliminary injunctions | As per below |
| Time frame for various legal actions | Infringement proceedings (civil case): 4 to 7 months for first instance and 4 to 7 months for Cassation Revocation: 4 to 7 months for first instance and 4 to 7 months for Cassation |
| Alternative dispute resolution | Mediation Arbitration Conciliation |
| Availability of damages and other relief for infringement | Revocation (Cancellation Action) |
| Civil Remedies | Injunction Damages |
| Criminal Sanctions | Trade Description Order Monetary fines or imprisonment or bothBorder Measure Seizure; detention; forfeiture of counterfeit trademark goods |
Indonesia's IP landscape?
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