You can register intellectual property (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 (DGIPR).
The DGIPR 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. However, 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.
- 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.
- There are two forms of patent protection available in Indonesia: patents (which have a term of 20 years) and simple patents (which have a term of 10 years and a lower required level of inventiveness).
- Certain types of subject matter cannot be patented in Indonesia.
- 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.
- Indonesia has provisions for the protection of plant variety rights.