The Indonesian government has issued Government Regulation No. 36 of 2018 regarding the Recordation of Intellectual Property License Agreement (“GR No. 36/2018“). GR No. 36/2018 is the implementing regulation of Law No. 30 of 2000 regarding Trade Secrets, Law No. 31 of 2000 regarding Industrial Design, Law No. 32 of 2000 regarding Layout Designs of Integrated Circuits, Law No. 28 of 2014 regarding Copyright, Law No.13 of 2016 regarding Patent, and Law No. 20 of 2016 regarding Trademark and Geographical Indication.
GR No. 36/2018, which comes into effect on 27 July 2018, contains provisions for the procedure of recordation of intellectual property (“IP“) license agreement at the Directorate General of Intellectual Property (“DGIP“).
Below are the key points of GR No. 36/2018:
The license arrangement should be in the form of a written agreement and if it is in a foreign language, it must be translated into the Indonesian language.
A license agreement should not contain any provisions that may:
Either the licensor or the licensee may file for the recordation of the IP license agreement with the DGIP. An IP license agreement should at least consist of:
In the event that the licensor or licensee is domiciled outside the territory of the Republic of Indonesia or is a foreigner, then the application for recordation of the IP license agreement should be filed through a local registered IP Consultant.
The application for recordation of an IP license agreement can be filed, either manually or electronically, by attaching the following required documents:
Within 5 working days after the application is deemed complete, each application for recordation of IP license agreement will be examined on its conformity with the required documents. Within 2 working days after the documents are deemed complete and in conformity with the requirements, the DGIP will issue a notice of IP license agreement recordation. The DGIP will thereafter record the IP license agreement in the relevant General Registrar and announce such recordation in the relevant Official Gazette.
The term of recordation will be identical to the term of the relevant IP license agreement.
A recordation of IP license agreement may be revoked by:
AHP Client Alert is a publication of Assegaf Hamzah & Partners. It brings an overview of selected Indonesian laws and regulations to the attention of clients but is not intended to be viewed or relied upon as legal advice. Clients should seek advice of qualified Indonesian legal practitioners with respect to the precise effect of the laws and regulations referred to in AHP Client Alert. Whilst care has been taken in the preparation of AHP Client Alert, no warranty is given as to the accuracy of the information it contains and no liability is accepted for any statement, opinion, error or omission.