INTELLECTUAL PROPERTY RIGHTS
The Government of Indonesia has been and will always play an active role in encouraging the development as well as advancement of industries that are capable to compete in the national and international trade.
Indonesia has put the following six laws relating to the intellectual property rights into effect:
Copyright
Patent
Mark
COPYRIGHT
The law also set not to grant copyright to:
a. a work out of the field of science, arts and literature;
b. an imitate work;
c. a public work;
d. any result of open meetings of the Highest State Institutions and High State Institutions and other constitutional institution;
e. laws and regulations;
f. court decisions and judicial orders;
g. state addresses and government official speeches; and
h. award of arbitration boards.
PERIOD OF PROTECTION
Copyright protection for the following fields:a. books and all other written works;
b. lecturers and other works of speech;
c. visual aid made for educational and scientific purpose;
d. songs or music with or without lyrics, including arts of Kara witan;
e. dramatic works, dances (choreographic works), puppet shows, pantomimes;
f. all forms of art, such as paintings, drawings, engravings, calligraphy, carvings, sculptures, collage, applied arts in the form of handy-crafting;
g. architecture;
h. maps;
i. batik arts; and
j. translations, interpretations, adaptations, anthologies, and other works as a result of changing of form of mode
are granted for:
the life of the author and 50 (fifty) years after his/her death if the work is owned by a single author; or
the life of the longest surviving author and 50 (fifty) years after the death of the said longest surviving author if the work if collectively owned by more than one person; or
50 (fifty) years as from the first publication if the work is owned or held by a legal body.
Products such as computer programs, phonograms, performances, broadcasting works and cinematographic works have a copyright protection of 50 (fifty) years as from the first publication of the work.
Copyright protection for photography works is granted 25 (twenty-five) years as from the first publication of the work.
PATENT
The following inventions shall not be granted patent:
a. processes or products whose announcement and utility or implementation are in violation with laws in forces, religious morality, social order, or decency;
b. examination, maintenance, treatment and/or surgical method applied to human being and/or animals;
c. theories and methods in sciences and mathematics; or
d. 1. all creatures, except micro-organisms;
2. essential biological processes to produce plants or animals, except non-biological or microbiological processes.
PERIOD OF PROTECTION
The Law on Patent provides protection for a period of 20 years for Patent and 10 years for Simple Patent. These protection periods are not extendible.
MARK
A mark cannot be registered on the basis of an application submitted by an applicant with the bad intention. It also cannot be registered if it contains any of the following elements:a. contravening laws in force, religious morality, and decency of public order;
b. not having distinguished ability;
c. already becoming public property; or
d. being information on or being connected with goods and/or services whose registration is applied for.
PERIOD OF PROTECTION
Every registered mark secures legal protection for a period 10 (ten)
years as from the date of receipt. The protection period is extendible.
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