Indonesia, Southeast Asia’s largest economy, excels in palm oil, textiles, and consumer goods manufacturing. Protecting intellectual property (IP) is critical to prevent squatting, counterfeiting, and patent infringement in a first-to-file system with bureaucratic challenges. Our firm provides expert IP services to safeguard your trademarks and inventions in Indonesia.

Trademarks

Trademark protection in Indonesia is governed by the Law No. 20 of 2016 on Trademarks and Geographical Indications, administered by the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights. Indonesia is a member of the Paris

Convention and Madrid Protocol.

Trademark Registration Process

Securing a trademark in Indonesia involves a detailed process. The key steps include:

1. Trademark Search: Conduct a search through DGIP’s database to ensure that a similar mark is not alreadyregistered.

2. Filing the Application: Submit the trademark application to DGIP, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications must be in Indonesian (English applications require translation).

3. Formal Examination: DGIP examines the application on the formal aspects and if there are no deficiencies, the application is accepted for publication. .

4. Publication: Approved marks are published in the Official Gazette, allowing a two-month opposition period.

5. Opposition Period: During the two-month window, third parties can challenge the registration if they believe it infringes their rights.

6. Substantive Examination: Once the opposition period is over, the applications undergo substantive examination on the grounds of distinctiveness and/ or prior similar marks and the Examiner decides upon any opposition filed against the applied mark simultaneously.

7. Registration: If no opposition is filed or resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 18-24 months, depending on oppositions or delays. Our firm streamlines the process for efficiency.

Patents

Patent protection in Indonesia is governed by the Law No. 65 of 2024, amending the Patent Law of 2016, administered by the Directorate General of Intellectual Property (DGIP). Indonesia is a member of the PCT, Paris Convention, and TRIPS Agreement.

● Patentable Subject Matter: Inventions that are novel, involve an inventive step, and are industrially applicable are patentable. The 2024 amendment excludes computer programs (except computer-implemented inventions) and scientific theories but allows

patents for systems, methods, and uses. Traditional knowledge and genetic resources are not patentable.

● Patent Types: The law covers standard patents and simple patents (utility models). Industrial designs and plant varieties are protected separately.

● Duration: Standard patents last 20 years; simple patents 10 years, both from the filing date and arenon-renewable.

● Examination Process: DGIP conducts formal and substantive examinations. Applicants can leverage favorable foreign examination reports if claims are aligned.

● International Considerations: PCT filings are common, and Indonesia participates in the ASPEC program. No explicit data for exclusivity for pharmaceuticals exists.

Contact Us

Ready to protect your IP in Indonesia? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.