INTELLECTUAL PROPERTY RIGHTS IN INDONESIA

The Trademark Act of August 1, 2001 - is the primary law governing the mechanism of trademark registration and protection in Indonesia.
For getting a trademark registered in Indonesia, an application has to be filed with Directorate General of Intellectual Property Rights (DGIP), which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for obtaining trademark protection.
Indonesia follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
Opposition can be filed against a trademark application within three (03) months following its date of publication.
In Indonesia, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

Indonesia is a member of the Paris Convention for the Protection of Industrial Property.
Law No. 13 of 2016 (New Patent Law) - deals with the mechanism of patent protection in Indonesia.
For seeking patent protection in Indonesia, an application has to be filed with the DGIP, which administers the entire process of patent grant.
In Indonesia, an invention that is novel and has industrial applicability subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Indonesia, pre-grant opposition can be filed within six (06) months from the date of publication.
A patent in Indonesia is valid for twenty (20) years from the filing date. Annual maintenance fees are due each year starting from the first one and are payable after the patent is granted. Annuities, which were due before the grant, should be paid within six (06) months from the issuance of the notice of allowance, plus the annual fee for the next year. Subsequent annual fees should be paid at least one (01) month before the due date (the anniversary of the filing date).

The Law No. 31 of 2000 on Industrial Designs - governs and deals with the mechanism of registration of industrial designs in Indonesia.
For getting an industrial design registered in Indonesia, an application has to be filed with the DGIP, which administers the entire process of registration.
The types of industrial design applications that can be filed in Indonesia include Non-Convention Application and Convention Application.
Objection against an industrial design application can be filed within three (03) months of the date of commencement of the publication.
The industrial design registration in Indonesia is valid for ten (10) years from the filing date. Further renewal is not possible.

Indonesia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Law of the Republic of Indonesia No. 28 of September 16, 2014, on Copyright, is the basic legislation governing copyright protection in Indonesia.
In Indonesia, copyright comes into existence as soon as the work is created. However, a copyright owner can choose to register the copyright. The application must be filed in the Indonesian language to the DGIP.
The standard copyright term for literary, musical, fine art and architectural works is the author's life plus seventy (70) years.
For works of joint authorship, protection lasts for the life of the last surviving author plus seventy (70) years.
For works authored by legal entities, protection lasts for fifty (50) years from publication.
A term of fifty (50) years from publication applies to anonymous or pseudonymous works.
For photographs, portraits, cinematographic works, derived works and collected works, copyright lasts for fifty (50) years from publication.
For works of applied art, protection lasts for twenty-five (25) years from the first publication.