IP protection in Indonesia

You can register IP protection in Indonesia for patents, trade marks, designs and copyright.

The government body responsible for the administration and registration of IP rights is the Directorate General of Intellectual Property Rights (DGIP).

The DGIP website provides a searchable database for patents, trade marks, designs and copyright. Foreign businesses that do not have a place of business in Indonesia are required to lodge all applications through an Indonesian IP attorney or agent.

The cost of filing applications for IP rights in Indonesia is lower than in Australia, although the registration process tends to be slower. On the other hand, litigation proceedings are heard relatively quickly due to IP pre-hearing procedures, which significantly reduce time and costs. Filing of evidence in litigation proceedings can be expensive as courts require original evidence or legalisation of copies.

Infringement cases can often be resolved without resorting to legal proceedings.

Trade marks

Indonesia employs a first-to-file rule for obtaining trade mark rights. This means the first person to file a trade mark application will generally have priority over a prior user of the mark in Indonesia. Trade mark protection should therefore be sought as soon as possible in Indonesia.
In trade mark infringement matters, the police are legally required to investigate complaints. However, businesses need to be mindful of the differences between police operation in Indonesia and Australia when seeking to enforce IP rights. Austrade can provide further information about local police and business practices in Indonesia.
Indonesia has introduced stricter penalties for trade mark infringement, as well as provisions for the protection of non-traditional trade marks such as three-dimensional shapes, sounds and holograms.
Trade mark registrations may be removed from the register if they are not used during a period of three or more consecutive years after registration.
Indonesia's Customs authorities provide cross-border measures for the protection of trade marks.

Patents

There are two forms of patent protection available in Indonesia: patents (which have a 20-year term) or simple patents (which have a 10-year term and lower level of inventiveness required).
Certain types of subject matter cannot be patented in Indonesia.

Designs

Industrial Design protection is available for a 10-year period. The registration process is relatively quick as an application is only substantively examined if it is opposed by a third party.

Copyright

Registration of copyright is available in Indonesia; it is not mandatory, but it is highly recommended.

Plant varieties

Indonesia has provisions for the protection of plant variety rights.

Professional advice

If you are considering exporting to Indonesia, it is recommended that you contact an IP professional experienced in Indonesian IP law and trade to advise on local IP, customs and other laws regulating imports and trade in Indonesia. Australian IP professionals can facilitate such contact.

This information has been developed in conjunction with Griffith Hack Lawyers and SR Legals (Indonesia).