Thursday 10 December 2009

Priority on IP by Minister Patrialis Akbar

Minister of Law and Human Rights, Mr Patrialis Akbar, included intellectual property as one of his priorities in his first 100 day program. The program on IP focused on the completion of backlogs of applications. He targeted that during the 100 day period:
  • 1500 applications in the field of copyright will be granted a final decision whether an application for recordal of a work can be appoved or refused;
  • 1000 applications in the field of industrial design will be granted a final decision whether an application for registration of an industrial design can be approved or refused;
  • 1250 applications in the field of patents will be granted a final decision whether an application of patent can be granted or refused; and
  • 15000 applications for registration or trademark will be granted a final decision whether a registration for registration of trademark can be approved or refused.
From the evaluation of the program, after only three weeks the DGIPR has completed about 35% of the target.

Friday 23 October 2009

Publication of IIPD (3rd Edition)

In the effort to contribute to the promotion of the Indonesian intellectual property system to the international community, in 2006 I published the first edition of a book with a title "Indonesian Intellectual Property Directory - IIPD". The second edition and a special edition of IIPD were published in 2008. IIPD has so far been the most complete reference (in the English language) about intellectual property system in Indonesia. It contains a lot of information, from laws to statistics, which is needed by foreign stakeholders who want to know how intellectual property system operates and develops in Indonesia.




The publication of IIPD is mainly aimed for non commercial purposes. The books were distributed for free to various stakeholders both in Indonesia as well as overseas. In Indonesia, they were sent to foreign embassies, international organizations, chambers of commerce, ministers, universities and other IP related organizations and associations. For the international community, the books were sent to IP offices including WIPO, WTO, APEC Secretariat, ASEAN Secretariat, and other international organizations. They were also sent to the Indonesian embassies throughout the world (with the courtesy of the Ministry of Foreign Affairs in Jakarta).

The third edition of IIPD is now being finalized and will be released before the end of 2009. The book will be updated with a lot of information about intellectual property in Indonesia in the last one year.

For those who are interested to support and contribute to the publication of IIPD (third edition) please contact me at yasmon2005@yahoo.com

Awards of Outstanding Intellectual Property 2009

In the effort to create a culture within the society which produces and respects intellectual properties, creativity and innovations as well as to improve the competitive power of the country, the National Task Force of Intellectual Property Rights ("NTF IPR"), as a follow-up of the direction from the President, had decided to give awards to creators, inventors, innovators or producers of intellectual properties which are considered excellent and very useful for the country's advancement.

The competition or selection for best / outstanding achievements in intellectual property was held in good cooperation by Ministry of National Education, State Ministry for Research and Technology, Ministry of Law and Human Rights, Ministry of Trade and Ministry of Agriculture.

The awards were given for four categories, i.e.
  1. Industrial products / technologies protected by Patent;
  2. Innovation on Plant Varieties protected by New Plant Variety Right;
  3. Scientific works protected by Copyright; and
  4. Creative Industries protected by Copyright.

The celebration and presentation of awards was held on October 2, 2009 at Grand Hyatt Hotel Jakarta. This special event was Minister of National Educations, State Minister for Research and Technology, Minister of Law and Human Rights, Minister of Trade, Minister of Agriculture, foreign ambassadors, and representatives from various IP-related organizations and associations including rectors from state and private universities.

Twenty one outstanding inventors and innovators received the Award of Outstanding Intellectual Property 2009 ("Anugerah Kekayaan Intelektual Luar Biasa - AKIL 2009"). Each of them received certificate, trophy and cash money in the amount of Rp. 250.000.000,- (two hundred and fifty million rupiahs).

Source: DGIPR

Wednesday 21 October 2009

New Minister of Law and Human Rights

President of the Republic of Indonesia, HE Dr Susilo Bambang Yudhoyono, on Wednesday, October 21, 2009 at 22.00 PM, announced the composition of ministers in the Cabinet of United Indonesia (Kabinet Indonesia Bersatu) II. The cabinet comprises 34 ministers and state ministers.

Among the thirty four ministers, Mr. PATRIALIS AKBAR, a senior politician from Partai Amanat Nasional (PAN), has been chosen and assigned as Minister of Law and Human Rights. Mr Akbar replaced Mr Andi Mattalatta who had been in office since May 2007.

Mr. Patrialis Akbar was born in Padang, the capital city of West Sumatera Province, on October 31, 1958. He obtained his bachelor degree in law from the University of Muhammadyah Jakarta. From 1999 to 2009 he served as member of the parliament, representing PAN.

As Minister of Law and Human Rights, Mr Akbar's responsibilities will include, among others, intellectual property laws. Many stakeholders of intellectual property system hope that under the supervision of Mr Akbar, the implementation and development of the national intellectual property system will continue to improve. It was noted that after the interview with the President during the fit and proper test, Mr Akbar mentioned that the issues of intellectual property is one of the concerns and directions given by the President.

Congratulations, Mr Akbar. We wish you the best of health and the greatest of success in conducting your duties as the new Minister of Law and Human Rights. May Allah bless you.

Report by
yasmon rangkayo sati

Wednesday 14 October 2009

Indonesian Intellectual Property Society ("IIPS")

BACKGROUND

In this contemporary age, intellectual property rights and their legal protection have become a deep concern of nations all over the world. The reason is simple: effective intellectual property protection will obviously have a direct impact on international trade and eventually boost magnitude of national economic development.

Bearing in mind the importance of an effective system of intellectual property protection, a group of prestigious IPR Indonesian professionals, in November 1996 decided to establish the Indonesian Intellectual Property Society (IIPS) with headquarters in Jakarta. Vice Cabinet Secretary/ Vice Chairman of The Presidential Commission on IPR, Mr. Bambang Kesowo, SH., LL.M., gave his full support to the establishment on IIPS at its inauguration.

The main purpose of establishing the Society is to unify the diverse national potentials as well as to strengthen human resources through the driven of an intellectual property rights system. The society will establish a discussion forum for those who are interested in IPR issues. As such, its programs will focus on increasing and/ or disseminating the development of intellectual property rights in Indonesia and mainly be devoted to its members and society at large and thus, indirectly, serving the development of societal awareness of IPR issues.

OBJECTIVES & ACTIVITY

The Indonesian Intellectual Property Society (IIPS) has as its main objective the promotion of understanding and awareness of the importance of effective intellectual property protection and enforcement, thus promoting a new wave of creativity and innovation in Indonesian Society. To this end, the IIPS will endeavor to organize regular meetings at the national and international level concerning the following issues:
  • Intellectual property rights;
  • Establishment of networking relationship with governmental and non-governmental organizations on a national, regional or international level that are interested in the development of intellectual property issues;
  • Establishment of a distribution system for publications and information; and
  • Initiation and execution of studies with a view to improve domestic intellectual property legislation or policy.

MEMBERSHIP

Membership in the Society is open to any person possessing serious commitment and interest in the development of intellectual property rights in Indonesia. The society offers members the opportunity:
  • to exchange and discuss up-to-date information and ideas concerning intellectual property rights;
  • to utilize an information network regarding the development and problems of IPR protection;
  • to generally play an important role in the development and protection of intellectual property in Indonesia.

Source: IIPS

For further information, please contact Mr. Gunawan Suryomurcito (President of IIPS).

List of Treaties / Conventions Ratified by Indonesia

1. Paris Convention for the Protection of Industrial Property
  • Date on which Indonesia became a Party: 24 December 1950
  • Latest Act of the Convention to which Indonesia is a Party and Date on which Indonesia became a Party to that Act: Stockholm, Articles 13 to 30 (20 December 1979, Articles 1 to 12 (5 September 1997)
  • Number of Notification: 95
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 24 of 1979, which was amended by Decree of President of the Republic of Indonesia No 15 of 1997

2. Hague Agreement Concerning the International Registration of Industrial Designs
  • Date on which Indonesia became a Party: 24 December 1950
  • Date on which Indonesia became party to the London Act (1934): 24 December 1950

3. Convention Establishing the World Intellectual Property Organization
  • Date on which Indonesia became a member of WTO: 18 December 1979
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 24 of 1979, which was amended by Decree of President of the Republic of Indonesia No 15 of 1997

4. Agreement Establishing the World Trade Organization
  • Date on which Indonesia became a member: 1 January 1995
  • Instrument of Ratification: Law of the Republic of Indonesia No 7 of 1994
  • Reference numbers of related documents on Indonesia’s IP in the WTO: IP/Q/IDN/1, IP/Q2/IDN/1, IP/Q3/IDN/1, IP/Q4/IDN/1, IP/N/1/IDN/2, IP/N/IDN/I/1, IP/N/1/IDN/C/1, IP/N/1/IDN/2/Rev.1

5. Berne Convention for the Protection of Literary and Artistic Works
  • Date on which Indonesia became a Party: 5 September 1997
  • Latest Act of the Convention to which Indonesia is a Party and Date on which Indonesia became a Party to that Act: Paris, 5 September 1997
  • Number of Notification: 184
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 18 of 1997

6. Patent Cooperation Treaty (PCT)
  • Date on which Indonesia became a Party: 5 September 1997
  • Number of Notification: 119
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 16 of 1997

7. Trademark Law Treaty (TLT)
  • Date on which Indonesia became a Party: 5 September 1997
  • Number of Notification: 16
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 17 of 1997

8. WIPO Copyright Treaty (WCT)
  • Date on which Indonesia became a Party: 6 March 2002
  • Number of Notification: 1
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 19 of 1997

9. WIPO Performances and Phonograms Treaty (WPPT)
  • Date on which Indonesia became a Party: 15 February 2005
  • Number of Notification: 50
  • Instrument of Ratification: Decree of President of the Republic of Indonesia No 74 of 2004

(Source: WIPO, DGIPR, WTO)

Tuesday 13 October 2009

Civil Servant Investigator of IPR

In the Indonesian IP system, there exists the so-called "Civil Servant Investigator of Intellectual Property Rights". In Bahasa Indonesia, it is called Penyidik Pegawai negeri Sipil or commonly kown as PPNS. The existence of PPNS is regulated in almost all laws on intellectual property rights (See Article 129 of Law on Patent, Article 89 of Law on Mark, Article 71 of Law on Copyright, Article 16 of Law on Trade Secret, Article 53 of Law on Industrial Design, Article 41 of Law on Layout Design of Integrated Circuit)

Functions and duties of PPNS are as follows:
  • to conduct examination of the truth of reports relating to criminal offences in the field of intellectual property rights;
  • to conduct examination of persons or legal entities suspected of committing criminal offences in the field of Patents based on the reports as referred to in letter a;
  • to collect information and evidence from persons or legal entities in connection with criminal offences in the field of intellectual property rights;
  • to conduct examination of books, records and other documents relating to criminal offences in the field of intellectual property rights;
  • to inspect locations on which evidence, books, records, and other documents to be found, as well as to confiscate materials and goods resulting from infringements which can used as evidence in the criminal trials in the field of intellectual property rights;
  • to request expert assistance in the scope of carrying out the duties of investigation of criminal offences in the field of intellectual property rights;

PPNS shall inform the investigating officers at the State Police of the Republic of Indonesia about the initiating and the result of an investigation, and forward the results of an investigation to the Public Prosecutor through the investigating officers at the State Police of the Republic of Indonesia in view of the provision of Article 107 of Law no. 8 of 1981 on Criminal Proceedings.

Milestones of the Indonesian IP System

1961 :
Enactment of Law of the Republic of Indonesia No 21 of 1961 regarding Company Marks and Commercial Marks

1982 :
Enactment of Law of the Republic of Indonesia No 6 of 1982 regarding Copyright

1986 :
Establishment of a Working Team on Intellectual Property Rights (known as TIM KEPPRES 34) based on the Decree of President of the Republic of Indonesia No 34

1987 :
Enactment of Law of the Republic of Indonesia No 7 of 1987 regarding the Amendment of Law No 6 of 1982 regarding Copyright

1989 :
Enactment of Law of the Republic of Indonesia No 6 of 1989 regarding Patent

1992 :
Enactment of Law of the Republic of Indonesia No 19 of 1992 regarding Mark

1994 :
Enactment of Law of the Republic of Indonesia No 7 of 1994 regarding the Ratification of the Agreement Establishing the World Trade Organization

1997 :
Enactment of Law of the Republic of Indonesia No 12 of 1997 regarding the Amendment of Law No 6 of 1982 regarding Copyright as amended by Law No 7 of 1987 ;

Enactment of Law of the Republic of Indonesia No 13 of 1997 regarding the Amendment of Law No 6 of 1989 regarding Patent ;

Enactment of Law of the Republic of Indonesia No 14 of 1997 regarding the Amendment of Law No 19 of 1992 regarding Mark ;

Indonesia renewed its membership in the Paris Convention for the Protection of Industrial Property based on the Decree of President of the Republic of Indonesia No 15 which amended the Decree of President of the Republic of Indonesia No 24 of 1979 ;

Indonesia joined the Patent Cooperation Treaty (PCT) based on the Decree of President of the Republic of Indonesia No 16 ;

Indonesia joined the Trademark Law Treaty (TLT) based on the Decree of President of the Republic of Indonesia No 17 ;

Indonesia joined the Bern Convention for the Protection of Literary and Artistic Works based on the Decree of President of the Republic of Indonesia No 18 ;

Indonesia joined the WIPO Copyright Treaty (WCT) based on the Decree of President of the Republic of Indonesia No 19

1999:
The Provincial/Regional Offices of Ministry of Justice were assigned to receive IP based on the Decree of Minister of Justice of the Republic of Indonesia No M.09-PR.07.06

2000 :
Enactment of Law of the Republic of Indonesia No 29 of 2000 regarding the Protection of Plant Variety ;

Enactment of Law of the Republic of Indonesia No 30 of 2000 regarding Trade Secret ;

Enactment of Law of the Republic of Indonesia No 31 of 2000 regarding Industrial Design ;
Enactment of Law of the Republic of Indonesia No 32 of 2000 regarding Layout Design of Integrated Circuit ;

2001:
Enactment of Law of the Republic of Indonesia No 15 of 2001 regarding Marks which replaced the previous Law on Marks ;

Enactment of Law of the Republic of Indonesia No 14 of 2001 regarding Patent which replaced the previous Law on Patents ;

2002:
Enactment of Law of the Republic of Indonesia No 19 of 2002 regarding Copyright which replaced the previous Law on Copyright ;

Establishment of the National Task Force on the Empowerment of Intellectual Property in the Field of Genetic Resources, Traditional Knowledge, and Expressions of Folklore based on the Decree of Minister of Justice and Human Rights.

2003:
Establishment of the Coordination Team for the Tackling of Infringement of Intellectual Property Rights based on the Decree of Minister of Justice and Human Rights No H-72. PR.09.02

2004:
Indonesia joined the WIPO Performances and Phonograms Treaty (WPPT) based on the Decree of President of the Republic of Indonesia No 74

2006:
Establishment of National Team on the Tackling of Infringements of Intellectual Property Rights based on Decree of President of Republic of Indonesia No 4

Monday 12 October 2009

Directorate General of Intellectual Property Rights (DGIPR)

The Directorate General of Intellectual Property Rights ("DGIPR") is the governmental institution which has the authority to administer and develop the IPR system in Indonesia. The DGIPR operates under the Ministry of Law and Human Rights. Currently the Director General of the DGIPR is Dr. Andy Noorsaman Sommeng.

Unlike the other directorate generals, the DGIPR is not located in Jakarta. It is located in Tangerang which is about 25 kilometers from Jakarta.

Complete address of the DGIPR :
Jln. Daan Mogot Km. 24
Tangerang 15119
Province of Banten

The DGIPR comprises 1 secretariat and 5 directorates. These directorates are:
  1. Directorate of Copyright, Industrial Design, Lay-out Design of Integrated Circuit, and Trade Secret;
  2. Directorate of Patent;
  3. Directorate of Trademark;
  4. Directorate of Cooperation and Development; and
  5. Directorate of Information Technology.
For complete information about the DGIPR, please visit the DGIPR's website at http://www.dgip.go.id

Laws on Intellectual Property Rights

Indonesia has a complete set of laws in the field of intellectual property, namely:

  1. Law Number 19 of 2002 regarding Copyright ;
  2. Law Number 14 of 2001 regarding Patent ;
  3. Law Number 15 of 2001 regarding Trademark ;
  4. Law Number 29 of 2000 regarding the Protection of Plant Variety ;
  5. Law Number 30 of 2000 regarding Trade Secret ;
  6. Law Number 31 of 2000 regarding Industrial Design ; and
  7. Law Number 32 of 2000 regarding Lay-out Design of Integrated Circuit.

The above laws, except Law Number 29 of 2000 regarding the Protection of Plant Variety, are administered by the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights. Law Number 29 of 2000 is administered by the Center for the Protection of Plant Variety of the Ministry of Agriculture.