Indonesian law provides legal protection for intellectual property rights.
There are six (6) intellectual property rights protected in Indonesia, as follows:
1. COPYRIGHT
Copyright protects works in the fields of science, art, and literature. This right is declarative, meaning protection arises automatically once a work is manifested in a tangible form.
Regulated by Act No. 28/2014.
The objects of protection include: books, computer programs, songs/music, drama, fine art, architecture, maps, cinematography, photography, translations, and interpretations.
Legal protection generally lasts for the lifetime of the creator and continues for 70 years after his or her death.
2. PATENTS
Patents are granted for inventions in the field of technology that are new, contain inventive steps, and can be applied in industry.
Regulated in Act No. 13/2016.
Generally, legal protection granted to inventors is 20 years from the date of registration.
3. TRADEMARK RIGHTS AND GEOGRAPHICAL INDICATIONS
Trademark rights protect signs, images, logos, names, words, letters, numbers, color combinations, or combinations of these elements that have distinguishing power in the trade of goods or services.
Geographical Indications protect a product that indicates its area of origin due to geographic environmental factors (natural, human, or a combination thereof) that provide a certain reputation, quality, and characteristics.
Regulated in Act No. 20/2016.
4. INDUSTRIAL DESIGN
Protects creations in the shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof, in a three-dimensional or two-dimensional form that creates an aesthetic impression.
Regulated in Act No. 31/2000.
5. TRADE SECRETS
Protects information not publicly known in the fields of technology and/or business that has economic value and is useful in business activities and is kept confidential by its owner.
Regulated in Act No. 30/2000.
6. CIRCUIT LAYOUT DESIGN
Protects three-dimensional layout creations of integrated circuit elements (semiconductors).
Regulated in Act No. 32/2000.
Indonesia is a member of the World Intellectual Property Organization (WIPO).
Indonesia has ratified several international agreements, such as the TRIPs (Trade-Related Aspects of Intellectual Property Rights) Agreement, the Berne Convention, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), the Paris Convention, the Patent Cooperation Treaty (PCT), and the Madrid Protocol. Regarding intellectual property rights disputes,
Indonesia has a Commercial Court specifically designed to hear and adjudicate such disputes.
Medan is the only city in Sumatra with a commercial court. Medan is also home to the Indonesian National Arbitration Board (BANI).
