Indonesia Support Office

Indonesia is an important supplier of natural resources to Japan, and Japan is Indonesia's largest export partner. Both countries are also members of the G20 and APEC. Indonesia's economic growth has been strong in recent years, and the number of Japanese companies expanding into Indonesia is increasing year by year. In this way, the economic ties between Indonesia and Japan are becoming closer.

Therefore, in addition to assisting with the application procedures and protection of intellectual property rights in Indonesia and Japan, our office has opened an Indonesia support office to respond to various requests.

The Indonesia Support Office will promptly and appropriately support Indonesians in acquiring intellectual property rights in Japan, and support Japanese people in acquiring intellectual property rights in Indonesia, in coordination with relevant staff as appropriate.

If you have any requests regarding the acquisition of intellectual property rights in Indonesia or Japan, please feel free to contact the Indonesia Support Office. All the staff are looking forward to seeing you.

Indonesia Support Office Manager Masanori Kawato

 

Indonesian intellectual property information

We have summarized the status of intellectual property protection in Indonesia, which is an emerging country that continues to experience stable growth and is included in VISTA. We hope this will be of help to you in your activities in Indonesia.

概況

In Indonesia, it is administered by the Intellectual Property Department of the Ministry of Justice and Human Rights. We mainly accept and register applications for patents, simple patents (equivalent to utility models), industrial designs, trademarks, and copyrights, as well as register trade secrets and semiconductor integrated circuit layouts. Additionally, many applications are filed through intellectual property consultants (equivalent to Japanese patent attorneys).

The main international treaties to which Indonesia is a member are listed below.

  • treaty of paris
  • Patent Cooperation Treaty (PCT)
  • TRIPS agreement
  • Berne Convention
  • madpro

 

Table 1 Overview of each jurisdiction

  Patent simple patent industrial design 商標
The need for a local agent want
Application language Indonesian
Examination system will get will get will get will get
Request for examination 36 months from application 24 months from application No No
Release 18 months from application 3 months from application 3 months from application Public announcement after examination
Duration 20 years since application 10 years since application 10 years since application 10 years since application
(can be updated)
Invalidation trial None (filed suit in commercial court)
Limitations on effectiveness

Government at the time of compulsory license establishment
Use determined by
Education and training that is permitted to be carried out by
Purpose

Government at the time of compulsory license establishment
Use determined by
Education and training that is permitted to be carried out by
Purpose
Educational/research purpose
(No prior user rights)
No prior user rights
Remarks The examination period is as follows:
Within 36 months from date
The examination period is as follows:
Within 24 months from
The review period is now open to the public.
Within 6 months from
The examination period is 30 days after application.
Within 9 months after start

*The examination period for designs and trademarks actually takes more than one year.

 

Table 2001 Trends in the number of applications in Indonesia (2015-XNUMX)

  Patent simple patent industrial design 商標
2001 3,929 221 2,514 39,000
2002 3,877 209 2,431 30,241
2003 3,326 196 1,601 36,980
2004 3,693 209 901 49,743
2005 4,325 197 577 41,122
2006 4,635 270 632 53,233
2007 5,174 247 567 44,797
2008 5,156 248 4,375 48,939
2009 4,553 290 4,669 44,458
2010 5,694 651 96 49,077
2011 5,897 295 79 54,779
XNUMX 76 4 31 1,806
XNUMX 7,542 352 4,316 63,705
2014 8,092 337 3,785 49,239
2015 9,269 410 4,011 49,470

(From WIPO IP Statistics database)

Patent

Approximately 4000 to 5000 patent applications are filed every year in Indonesia, and approximately 90% of these applications are from foreign countries. In other words, there are many applications that claim priority or are filed via the PCT, and although a substantive examination is conducted, it seems that examination results from other developed countries are often referred to.

Furthermore, the country with the highest number of patent applications is said to be the United States, followed by Japan.

 

Points to note when applying

Please note the following when applying directly to Indonesia or via the Paris route.

 

① The language of proceedings is Indonesian. However, it is possible to secure the filing date by using the English Civil Code. (An Indonesian translation must be submitted within 30 days of application.)

②Documents to be submitted
 (1)Application, claims, specification, necessary drawings, and abstract
 (2) Power of attorney (must be submitted at the same time as application; general power of attorney is not accepted)
 (3) Assignment letter (required if the applicant and inventor are different. It can be submitted within 16 months from the filing date and can be extended.)
 (4)Priority certificate (required when applying through the Paris route)
 (5) Declaration (required if the applicant and the inventor are the same)

③The application will be published 16 months after the filing date/priority date, and a third party can file an opposition.
However, the contents of the objection and written answer are only used as examination materials and are considered to be equivalent to Japan's provision of information.
Also, please note that if you do not file a request for examination within 36 months from the date of application, the application will be deemed to have been withdrawn.

 

In addition, when entering the Indonesian national phase with a PCT application, information on the nationality of the inventor and detailed requirements stipulated by the treaty, a power of attorney, the original of the priority certificate or a notarized copy of the priority transfer certificate. is also required.

The Indonesian translation of the document must be submitted within 30 days of the start of the national phase proceedings. (Article 24 of the Patent Act, Article 5 of the Patent Regulations) 

In addition, the PCT national phase entry deadline was 1 months from the earliest priority date for Chapter 30, and 2 months from the earliest priority date for Chapter 31, but now it is 1 months from the earliest priority date for both Chapters 2 and 31. It appears that a monthly deadline applies.

 

Other considerations

  • Application changes and divisional applications are possible.
  • There is no provisional application or domestic priority system.
  • There is no relief for missed deadlines.
  • A company registration certificate and a designated power of attorney are required for name change.

 

patent requirements

The patent requirements are novelty, inventive step, and industrial applicability.

Grounds for non-patentability include violations of public order and morals, methods of testing and treatment of the human body or animals, mathematical theories, biological methods for producing living things (excluding microorganisms), animals and plants (excluding microbiological methods).

 

After registration

You can request an appeal only if your application is refused. However, there is no system for requesting a trial to invalidate a registered patent. To seek invalidity, you must file a lawsuit with the Commercial Court. There is also no system for extending the patent term.

Infringement is a criminal offence.

 

simple patent

It is equivalent to a Japanese utility model.

 

Protection target

Inventions of articles that are novel and have practical value due to their shape, form, structure, or a combination thereof are eligible.

 

industrial design

Approximately 5000 applications are filed each year, and approximately XNUMX% of the applications are from within Indonesia. Of all the foreign countries, Japan has the highest number of applications.

 

Points to note when applying

Please note the following points when applying to Indonesia.

 

① The language of proceedings is Indonesian.

②Documents to be submitted
 (1)Application/design drawings/samples/photos and explanations
 (2) Power of attorney (must be submitted at the same time as application; general power of attorney is not accepted)
 (3) Assignment letter (required if the applicant and creator are different)
 (4)Priority certificate

③There is no system equivalent to secret designs or related designs.

④There is a system equivalent to applications for assembly designs and partial designs.

 

Registration requirements

Only novelty will be judged. Previously, if there was even the slightest difference, it was registered. However, in recent years, the scope of determining novelty has been expanded to include whether or not a product is substantially the same.

 

Examination

Publication of the application gives third parties the opportunity to object.

Previously, substantive examination was conducted only for applications that had been opposed, but now all applications are subject to substantive examination.

There is no referee system. If you are dissatisfied, you must file a lawsuit with the Commercial Court.

 

After registration

Infringement is a criminal offence.

 

商標

The results from 72000 to 15000 are shown in the table below. The number of applications filed in Indonesia is steadily increasing, reaching around XNUMX in XNUMX. On the other hand, although the number of direct applications to Indonesia from foreign countries picked up in XNUMX, it has fallen below XNUMX in the last three years.

Additionally, on January 5000, 10000, Indonesia became the XNUMXth country to join Madpro. As a result, there were approximately XNUMX applications in XNUMX, immediately after the introduction, and approximately XNUMX applications the following year, and this may be the reason for the sluggish growth in the number of direct applications to Indonesia. On the other hand, in XNUMX, while the number of direct applications increased by about XNUMX, the number of applications from foreign countries via MadPro decreased by about XNUMX, which is interesting.

Number of trademark applications

Source: Japan Patent Office commissioned project: Survey on the actual status of trademark system and operation in Indonesia (March 2022, Japan External Trade Organization Bangkok Office)

 

Points to note when applying

Please note the following points when applying to Indonesia.

① The language of proceedings is Indonesian.

②Documents to be submitted
 (1) Classification of goods and services using trademarks
 (2)Affidavit of trademark ownership
 (3) Power of attorney (must be submitted at the same time as application; general power of attorney is not accepted)
 (4)Trademark printing sample
 (5)Priority certificate

③There is a collective trademark system.

④There is no defensive mark system.

⑤Adopts one application multiple classification system.

 

Registration requirements

  • ①Registration targets trademarks, geographical indications, and country of origin indications used for products and services.
    (Geographical indications and indications of origin are protected only after they are registered.)
  • ② Three-dimensional trademarks, trademarks with smells or sounds are not permitted.
  • ③ Trademarks that lack distinctiveness will be rejected.

 

Examination

All applications will undergo substantive examination, which will be completed within September. After the review is complete, a third party will be given the opportunity to lodge an objection.

You can request an appeal only if your application is refused.

 

After registration

Infringement is a criminal offence.

If a trademark is not used for the designated goods or services for which it has been registered for three consecutive years, the registration may be canceled by a non-use cancellation trial.

⇒ Regarding use, it is necessary that the trademark and designated goods/services are "consistent" with the registered one. In other words, unlike in Japan, social convention does not mean that it is sufficient to be the same, and changes in color are not recognized as use of a registered trademark, so care must be taken.

 

to fight against the rights of others

Trademark oppositions, trademark cancellations based on non-use (by the Trademark Office's own authority), and registration cancellation lawsuits (filed in the Commercial Court) are possible.

 

Measures against counterfeit products

The need for countermeasures against counterfeit products in Indonesia

Indonesia has developed particularly rapidly in Southeast Asia in recent years, and boasts the world's fourth largest population and high GDP growth rate, making it a major market indispensable for business in Southeast Asia.

At the same time, due to its proximity to China, the world's largest producer of counterfeit products, there are concerns that it is becoming one of the world's largest markets for counterfeit products. The Office of the United States Trade Representative (USTR) has designated Indonesia as a priority watch country or monitoring country for many years in its Special Section 301 Report on Intellectual Property Rights, and from 2009 to 2023. The country has been listed as a "priority watch country" for 15 consecutive years.

(Source: March 2023, Japan External Trade Organization Jakarta Office, Survey on Counterfeit Product Distribution Trends in Indonesia)

 

*According to the figure below, from 2013 to mid-2019, the number of seizures with Indonesia as destination recorded by Chinese customs was 130, but 15 of the total seizures resulted in penalties in China. %, the actual number of foreclosures is estimated to be much higher.

(Source: March 2023, Japan External Trade Organization Jakarta Office, Survey on Counterfeit Product Distribution Trends in Indonesia)

 

Additionally, as Indonesia is becoming an exporter of counterfeit products, taking countermeasures against counterfeit products in Indonesia is expected to be effective in preventing the distribution of counterfeit products to Southeast Asia and the rest of the world. However, on the other hand, problems such as low awareness among local companies regarding intellectual property protection and insufficient border enforcement have been pointed out.

Leaving counterfeit products unattended will not only hinder your company's ability to sell genuine products, but also lead to poor quality counterfeit products being distributed, leading to loss of trust in your brand and incurring large losses. On the other hand, taking measures against counterfeit products and pirated copies will appeal to investors and others as an important initiative to fulfill corporate responsibility to achieve the SDGs.

Below is a summary of the distribution situation of counterfeit products in Indonesia. We hope that this will help Japanese companies take countermeasures against counterfeit products locally.

Importance of acquiring intellectual property rights

Below, we will introduce countermeasures against counterfeit products in Indonesia, but before that, in order to take these countermeasures,Don't forget that acquiring intellectual property rights such as trademark rights and design rights is a prerequisite.Trademark rights and design rights are not rights that arise with creation, like copyright, but are rights that arise by filing and registering with the Directorate General of Intellectual Property Rights (DGIP). Without these registered rights, it is impossible to take legal action against third parties' imitations or free rides, so the first step is to acquire the rights.

ECResponse to the site

A report by the USTR and the European Commission in early 2019 named Bukalapak, Tokopedia, and Shopee as online marketplaces in Southeast Asia that play a direct or indirect role in the sale of counterfeit and pirated products worldwide. . It has been pointed out that these online marketplaces allow the sale of a wide variety of counterfeit products, including textbooks, clothing, hygiene products, daily necessities, sporting goods, jewelry, cosmetics, electronic devices, auto parts, and agricultural chemicals. I am. Additionally, these platforms often sell counterfeit products in packaging that closely resembles the original product, or with trademarks that are confusingly similar to the original product. Some of these products appear to have been repackaged in original packaging, and many products are sold where it is difficult to tell whether they are counterfeit products or not, leading to damage caused by people accidentally purchasing counterfeit products.

Under these circumstances, the main way to distinguish between counterfeit products and genuine products is to compare prices. For example, in the case of high-end products, counterfeit products may be sold at around 80% of the price of the genuine product, making it easy to spot them. However, the price of a counterfeit product depends on the selling price of the genuine product, so it may not be possible to tell the difference based on the price difference, and you may need to actually purchase the product to confirm.

For these platforms, intellectual property rights owners or their agents may request trademark rights, copyrights, design rights (Shopee only), patent rights (Shopee only), FDA permission violations, etc. ( Tokopedia only) You can report a violation. If the operator determines that there is a problem with the site, the infringing link will be deleted.

Since e-commerce sites can be monitored from Japan, it can be done at a lower cost than criminal prosecution or customs registration. (However, it cannot be said that the platform operators have yet created an effective system to deal with repeated infringements.)

criminal charges

The most effective and common form of counterfeit control in Indonesia is criminal prosecution. The suspected infringing items are seized as part of the police investigation following a criminal complaint. Although it does not provide monetary relief, it is effective in physically seizing inventory. *However, there are disadvantages such as the police not taking action, it takes time, and it is unrealistic if the number of infringing items is small, so active involvement of rights holders is required.

Intellectual property infringement cases can also be lodged with the Investigation Department of the Indonesian Director General of Intellectual Property (DGIP) or the police.

In addition, in Indonesia, negotiations often begin during the criminal procedure, which is more advantageous in terms of time and cost. Using the withdrawal of the criminal case as a bargaining chip, we will also demand an end to the infringement, the destruction of the infringing products, and an apology advertisement.

Civil action

The right holder brings the case to the commercial court. Although it is possible to claim damages, there is no formula or guideline for calculating the amount of damages. In reality, it will be calculated based on the actual damages suffered by the right holder due to the infringing act of the rights infringer/defendant.

Border enforcement by customs

The right holder registers information with customs in advance and prepares for border enforcement. When a suspected infringing item is imported, the customs office notifies the right holder, who verifies the authenticity, applies to a court for a temporary injunction, and conducts a joint cargo inspection to detect the infringing item.

(Source: March 2023, Japan External Trade Organization Jakarta Office, Survey on Counterfeit Product Distribution Trends in Indonesia)

 

A new system was established in 2018,Border enforcement for trademarks and copyrights onlyhas become possible since June 2018, 6,Under the customs registration system, overseas rights holders must apply for registration via an Indonesian company.(Only rights holders with local business entities are allowed to apply) are serious barriers;In order to issue a detention order for infringing goods, the right holder must apply to the Commercial Court within a very short period of time, and the1billion rupiah (approximately 7200USD) must be paidTherefore, they are forced to bear a huge burden. For this reason, there are currently very few applications submitted to customs authorities.

In recent years, counterfeit ballpoint pens manufactured by PT STANDARDPEN INDUSTRIES have been arrested, as well as counterfeit razors manufactured by the American company Gillette.

 

As mentioned above, with regard to the effectiveness of crackdowns on counterfeit products, it cannot be said that customs and investigative authorities are functioning adequately, so there are currently some skeptics about the effectiveness of the rights. However, if you have not acquired intellectual property rights, you cannot take any action against infringing products. Additionally, if your trademark rights are stolen by a counterfeit product seller or the like, it will be difficult to get them back and you will be in a disadvantageous situation, so we recommend that you start preparing to acquire intellectual property rights now. To do.

reference:

・JPO commissioned project Survey on counterfeit product distribution trends in Indonesia March 2023 Independent Administrative Agency Japan External Trade Organization Jakarta Office

・(INPIT) Emerging Countries Intellectual Property Information Data Bank Official Website » Enforcement of trademark rights in Indonesia and response to counterfeit designs »- https://www.globalipdb.inpit.go.jp –

・Intellectual Property Department, Intellectual Property Division, Singapore Office, Intellectual Property Department, Intellectual Property and Innovation Department, Japan External Trade Organization, March 2018, Japan External Trade Organization Intellectual Property and Innovation Department

・Japan External Trade Organization (JETRO) Business Brief https://www.jetro.go.jp/biznews/2022/03/0c9bcb51d32bdd49.html

・Countermeasures against counterfeiting manual Indonesia edition

 

 


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