Indonesia Intellectual Property
Intellectual property protection system was first introduced to the territory region back in the early decades of the 20th Century, when what is now known as Indonesia was still a Dutch colony under the name of Dutch East Indies. Following ratification of Bern and Paris Conventions at the end of 19th century, the Colonial Government thus enacted Patent Law (Octrooiwet) in 1910, followed by Trademark (Reglement Industriele Eigendom) and Copyright (Auteurswet) both in 1912).
Following Indonesian independence in 1945, the colonial laws on IPR were gradually replaced by national laws, first with Law on Commercial Mark in 1961, Copyright Law in 1982 , and Patent Law in 1989. Amendment was made to the Copyright Law 1982 by introducing a new law in 1987, whereas a new trademark law was also introduced in 1992 to replace the 1961 law.
Indonesia joined the WTO in 1994, which include Indonesia’s ratification to the TRIPs Agreement. Consequently, major changes were made to the existing IPR laws with the amendments issued in 1997. In 2000, to conform with TRIPs, four new regimes of IPR protection were introduced with the promulgation of laws on Plant Variety Protection Rights, Trade Secrets, Industrial Designs and Integrated Circuit Layout Design. The TRIPs-based reforms didn’t stop there, however, as in new laws on Patent and Trademark were enacted in 2001, followed by Copyright in 2002.
Government Regulation on Geographical Indications was issued in 2007. The latest, in September 2012, the Indonesian parliament has approved the bill for a new copyright law replacing the 2002 law.
In late 2014 Indonesia once again embarked on a series of IPR reforms, marked by the issuance of Law no. 28 of 2014 concerning Copyright. This was followed two years later by the Law no. 13 of 2016 concerning Patent and the Law no. 20 of 2016 concerning Mark and Geographical Indications. Legislation process of a new Industrial Design Law is currently underway.
Except for the Plant Variety Protection Rights under the PVP Office of the Ministry of Agriculture, all IPR regimes in Indonesia are administered by the Directorate General of Intellectual Property Rights of the Ministry of Laws and Human Rights.
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Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
Copyright
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.
Trademark
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
Industrial Design
Industrial design is the professional service of creating and developing concepts and specifications that optimize the function, value and appearance of products and systems for the mutual benefit of both user and manufacturer.
Trade Secret
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers.[1] In some jurisdictions, such secrets are referred to as confidential information.
IC Layout Design
Integrated circuit layout, also known IC layout, IC mask layout, or mask design, is the representation of an integrated circuit in terms of planar geometric shapes which correspond to the patterns of metal, oxide, or semiconductor layers that make up the components of the integrated circuit.
Geographical Indication
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g. a town, region, or country). The use of a geographical indication, as a type of indication of source, may act as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.
Plant Varieties
Plant variety. Plant variety may refer to: Variety (botany), a taxonomic nomenclature rank in botany, below subspecies, but above subvariety and form. Plant variety (law), a non-taxonomic, exclusively legal term.