INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Gustaaf Reerink, Adri Dharma, Karina Widyaputri and Ilma Sulistyani, ABNR Counsellors at Law
ration, with a six-month grace period available post- expiration (subject to additional fees). Trade Mark Registration Process 1. Application submission – via DGIP’s online sys - tem, including applicant details, mark representation, goods/services list, and supporting documents. 2. Administrative examination – DGIP verifies com - pleteness. 3. Publication – mark is published for a two-month opposition period, during which third parties may file written objections. 4. Substantive examination – DGIP assesses registra - bility and considers any oppositions. 5. Registration – approved marks are registered and published; a certificate is issued. Foreign applicants must appoint a registered Intellec - tual Property Consultant. Enforcement includes civil and criminal remedies, including damages, injunctions, fines and imprison - ment. 7.3 Industrial Designs Industrial design rights are governed by Law No 31 of 2000 on Industrial Design. An industrial design refers to a creation of form, configuration, or composition of lines or colours – either in two-dimensional or three- dimensional form – that gives an aesthetic impression and can be applied to a product, goods, industrial commodity, or handicraft. Protection of industrial design lasts ten years from the filing date and is non-renewable. Industrial Design Registration Process 1. Application submission – filed via DGIP’s online system in Indonesian, including design description, drawings/photos, priority documents (if applicable), and designer details.
2. Administrative examination – DGIP checks for com - pleteness; applicants have three months to rectify deficiencies. 3. Publication – design is published for three months. 4. Opposition period – third parties may file oppo - sitions; applicants may rebut within three months of notification. 5. Substantive examination – DGIP considers opposi - tions and rebuttals. 6. Registration and certificate issuance – upon approv - al, DGIP issues a certificate. Foreign applicants must appoint a registered Intellec - tual Property Consultant. Enforcement includes civil and criminal remedies. 7.4 Copyright Copyright is governed by Law No 28 of 2014 on Copy - right, which provides automatic protection upon cre - ation, based on the declarative principle. Protection applies once a work is expressed in tangible form. Protected works include: • literary works (books, articles, poetry and scripts); • artistic works (paintings, sculptures and photogra - phy); • musical compositions; • films and audiovisual works; and • computer programs and software. Copyright consists of two distinct rights. • Moral rights – these are perpetual and remain with the creator, regardless of ownership. • Economic rights – these grant the creator or rights holder the ability to commercially exploit the work. The duration of economic rights varies depending on the type of work and the rights holder, ranging from 20 to 70 years.
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