INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Gustaaf Reerink, Adri Dharma, Karina Widyaputri and Ilma Sulistyani, ABNR Counsellors at Law
abusive conduct may still fall within the scope of other provisions under the ICL, even if they do not meet the market share thresholds for dominance, as long as they possess market power. Market power exists when an undertaking can profitably raise prices above competitive levels. This power may arise from domi - nance or a substantial market share, or from specific factors such as: • ownership of intellectual property rights or exclu - sive licences; • special positions granted by government regula - tions; • control over distribution networks; • financial backing (eg, from a parent company); or • high entry barriers. Provisions applicable to undertakings with market power include Article 6 (Price Discrimination), Article 11 (Cartels), Article 14 (Vertical Integration), Article 15 (Exclusive Agreements), Article 19 (Market Control), and Article 20 (Predatory Pricing) of the ICL.
• Standard patents – granted for inventions with a higher level of inventiveness; protection lasts 20 years from the filing date (non-renewable). • Simple patents – granted for inventions with a low - er level of inventiveness, typically improvements to existing products or processes; protection lasts ten years from the filing date (non-renewable). Patent Registration Process 1. Application submission – filed with the Directo - rate General of Intellectual Property of the Ministry of Law (DGIP) and includes a request form, description, claims, abstract, and drawings (if applicable). 2. Administrative examination – DGIP reviews formal compliance. 3. Publication – application is published in the official gazette. 4. Substantive examination – must be requested with - in 36 months of filing; DGIP assesses novelty, inven - tive step, and industrial applicability. 5. Granting of patent – if approved, the patent is grant - ed and published. Foreign applicants must appoint a registered Intellec - tual Property Consultant in Indonesia. Enforcement includes civil remedies (damages and injunctions) and criminal penalties. Patent disputes are adjudicated by commercial courts. 7.2 Trade Marks Trade mark protection is governed by Law No 20 of 2016 on Trademarks and Geographical Indications. A trade mark is any sign capable of being graphically represented – such as images, logos, names, words, letters, numbers, colour arrangements (in two or three dimensions), sounds, holograms, or combinations thereof – used to distinguish goods or services of one party from those of others. Trade mark protection lasts ten years from the filing date and is renewable for subsequent ten-year terms. Renewals must be filed within six months before expi -
7. Intellectual Property 7.1 Patents
Patent protection in Indonesia is governed by Law No 65 of 2024, the third amendment to Law No 13 of 2016 on Patents (“Patent Law”). A patent is an exclusive right granted by the state to an inventor for a tech - nological invention, allowing personal exploitation or
licensing to others for a specified period. A patent is granted for an invention that: • is novel (new); • involves an inventive step; and • is industrially applicable.
The invention may take the form of a product or a pro - cess that introduces a new method or offers a techni - cal solution to a problem. Indonesia recognises two types of patents.
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