Intellectual Property
Overview
Intellectual Property ("IP") has come a long way in Indonesia, from the days when domain squatting and other abuses were rampant (although new abuses still occasionally arise), to the rapid acceleration of innovation, including the rise of Artificial Intelligence. The country’s IP regime is now broadly compliant with TRIPs and WTO requirements, and the government’s determination to further modernize it is evidenced by the passage of a comprehensive new Patent Law in 2014. Plans to amend or enact new laws for Trademarks, Copyrights, and Industrial Designs are also in the pipeline.
Our rapidly expanding IP practice is making its mark in an area of Indonesian law that has traditionally been dominated by boutique law firms, which have tended to focus narrowly on specific aspects rather than the bigger picture. In contrast, as a full-service law firm, we offer end-to-end services to help you register, protect and enforce your intellectual property rights.
As foreign IP holders are obliged to be represented by a registered IP consultant when registering their IPs in Indonesia, we are more than equipped to assist foreign clients. We currently have seven dedicated, registered IP consultants, most of whom are also lawyers.
Services and Expertise
We are equally at home with both contentious and non-contentious aspects of IP across a wide range of industries, including F&B, hospitality, entertainment, consumer goods, technology, and many other mainstream and specialized industries. In addition to our team of registered IP consultants, we provide access to a pool of approximately 30 lawyers with general IP and commercial experience in our Disputes Department, as well as a network of IP lawyers throughout Southeast Asia through our membership in the Rajah & Tann Asia Network.
Clients can expect the following services from our lawyers:
Advisory
We offer IP advisory services to clients at the stage of developing their IPs. Our core services include advice on the availability and registrability of IP (IP searches), including, but not limited to, assessing the potential risk of infringement claim from third parties. We also conduct IP due diligence for M&A transactions and asset transfers.
Registration and Prosecution
Our registered IP consultants are experts in managing diverse portfolios of IP registrations and recordation (copyright). Our services include filing applications, managing the registration process, monitoring applications filed by third parties, and handling the recordation of assignments, changes of name or address, and licensing.
Dispute
As most of our registered IP consultants are also lawyers, we are well-equipped to handle a wide range of IP dispute matters. These include filing oppositions, responding to refusals, filing appeals, handling infringement claims, and assisting with both in-court and out-of-court settlements.
Commercialization and Transactions
We also have extensive experience handling IP-related transactions, including licensing, franchising, and drafting commercial and employment agreements that address IP ownership and usage, as well as the transfer and assignment of IP rights. In the entertainment industry, we have handled complex transactions involving movie remake rights, book-to-film adaptations, recording agreements, and more.
MAIN IPs |
HOW TO OBTAIN PROTECTION |
PROTECTION PERIOD |
RENEWABLE |
REGISTRATION PROCESS (estimate) |
TRANSFER |
LICENSING |
---|---|---|---|---|---|---|
Trademark |
Registration |
10 years |
Yes |
10-12 months
|
All of IP transfers must be made in writing and be recorded with the Indonesian IP office, save for the unrecorded copyright |
All of IP licensing must be made in writing and be recorded with the Indonesian IP office |
Copyright |
First publish, but it can be recorded to obtain the certificate |
Owned by individual, 70 years after the death, calculated from 1 January of the following year Owned by company, 50 years* |
No |
n/a |
||
Patent |
Registration |
20 years for patent, and 10 years for simple patent |
No |
Patent: 5-6 years Simple Patent: 3-4 years |
||
Industrial Design |
Registration |
10 years |
No |
10-12 months |
||
Trade Secret |
It must be secret information, has economic value, the secrecy of the information is maintained** |
It may last indefinitely as long as it keeps confidential |
n/a |
Experience Highlight
- Representing clients across the entire economic spectrum, including blue-chip local and foreign investors, state-owned enterprises, foundations, and tech start-ups.