Legal framework overview

The Indonesian IP legal framework mainly consists of:

• Trademark and Geographical Indication Law (Law No. 20 of 2016 on Marks and Geographical Indications)

• Patent Law (Law No. 13 of 2016 on Patents)

• Industrial Design Law (Law No. 31 of 2000 on Industrial Designs)

• Copyright Law (Law No. 28 of 2014 on Copyrights)

• Trade Secret Law (Law No. 30 of 2000 on Trade Secrets)

Competent authority:

• DGIP (Directorate General of Intellectual Property, Kemenkumham)

Indonesia is a member of WIPO, PCT, the Madrid System, the Paris Convention, TRIPS and the ASEAN IP Network.

International cooperation and regional integration

• Indonesia is a member of WIPO, PCT, the Madrid System, the Paris Convention and TRIPS;

• Actively participates in ASEAN IP cooperation mechanisms (ASEAN IP Portal);

• Has established PPH and information-exchange programmes with JPO, KIPO, EPO and MyIPO;

• Implements the national strategy Indonesia IP Blueprint 2020–2030, with a strong focus on digitalisation and innovative patent examination.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with DGIP;

• Alternatively, Indonesia may be designated (since 2018) under the Madrid System (Madrid Protocol).

Classification

• Applies the Nice Classification for goods and services;

• Each class must be filed in a separate application; multi-class applications are not accepted.

Examination procedure

• Formal examination: approximately 15 working days;

• Substantive examination: approximately 9–12 months;

• Opposition period: any opposition must be filed within 2 months from the publication date.

Use and renewal

• Initial registration term is 10 years, renewable indefinitely;

• Continuous non-use for 3 years may lead to cancellation.

Examination features

• Examination language is Indonesian;

• Focuses on distinctiveness, likelihood of confusion and conflicts with earlier rights;

• Allows registration of collective marks and geographical indications.

Patent system

Types and terms of protection

• Invention patent (Patent): protection for 20 years from the filing date;

• Simple Patent (utility model): protection for 10 years from the filing date.

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 36 months from the filing date;

• Average examination time is around 3–5 years.

International routes

• Indonesia has been a PCT member state since 1997;

• PCT international applications may enter the national examination phase in Indonesia;

• Applications may initially be filed in English, but an Indonesian translation must be submitted after national phase entry.

System features

• Examination language is Indonesian;

• Applies the “first-to-file” principle;

• Annual fees must be paid after grant to maintain patent rights;

• Pharmaceutical and biotechnology patents must be supported by experimental data;

• Allows accelerated examination (PPH) and certain mutual recognition arrangements with foreign patent offices.

Industrial design protection

Legal basis

• Industrial Design Law (Law No. 31 of 2000 on Industrial Designs).

Scope of protection

• The external appearance of a product, including shape, patterns, ornamentation, colours and their combinations;

• Applicable to both industrial and handicraft products.

Term of protection

• Protection lasts for 10 years from the filing date and is not renewable.

Examination procedure

• Examination period is usually around 6–9 months;

• Examination language is Indonesian;

• Only formal examination is carried out; creativity is not assessed ex officio.

System features

• A single registration is valid nationwide;

• Multiple designs may be combined in one application;

• Indonesia has not yet acceded to the Hague Agreement.