Ahmad M Ramli : New Director General of Intellectual Property Rights

Friday, 15 October 2010, 10.00 AM : Minister of Law and Human Rights of Indonesia, Mr. Patrialis Akbar, inaugurated Prof. Dr. Ahmad Mujahid Ramli as Director General of Intellectual Property Rights to replace Dr. Andy Norrsaman Sommeng. Before his appointment as Director General of IPR, Prof. Ramli, who was born on July 4, 1961, held the position as Head of Agency for National Legal Development (BPHN).

Prof. Ramli has written a number of publications, including three books on intellectual property rights, i.e.

1. Filem Independen : Dalam Perspektif Hukum Hak Cipta dan Hukum Perfileman di Indonesia, published in January 2005 by Ghalia Indonesia (ISBN: 979450498X / 9789794504987)
2. Cyber Law & HAKI dalam Sistem Hukum Indonesia, published in January 2004 by Refika Aditama (ISBN: 9793304197 / 9789793304199);
3. H.A.K.I., Hak Atas Kepemilikan Intelektual: Teori Dasar Perlindungan Rahasia Dagang, published in January 2000 by Mandar Maju (ISBN: 9795381946 / 9789795381945)

Book by Nurul Barizah

Nurul Barizah, Ph.D., a senior lecturer from Airlangga University, in February 2010, launched a book with a title "Intellectual Property Implications on Biological Resources" (ISBN:978-979-1436-23-6). The book analyses whether the choices made by the Indonesian Government in response to Indonesia's obligation under the TRIPs Agreement concerning biological resources are suitable for Indonesia in its current state of economic, social and cultural development, and national interest.

The book focuses on five lines of enquiry; (i) an investigation on current IPR policy in the field of biological resources from theoretical perspectives; (ii) an investigation of the development of international and regional legal frameworks relevant to the issues of IPR and biological resources, and their implementation in several national jurisdictions; (iii) an analysis of the Indonesian legal framework and policy direction for the protection of IPR and biological resources, including the questions of implementations and potentional implications; (iv) an investigation of the protection of IPR concerning genetic resources and related traditional knowledge from an Indonesian legal culture perspective; and (v) an identification of the appropriate and adequate legal policy and option for the protection of IPR on biological resources, including creating a fair, ethical and equitable biopartnership agreement.

Nurul Barizah, the writer, holds a Bachelor of Laws (S.H.) degree from the Faculty of Law, Airlangga University, Surabaya, Indonesia (1990-1994). She completed her Master of Laws (LL.M) degree (2000-2001) and Doctor of Philosophy in Laws (Ph.D) degree (2005-2008) from the Faculty of Law, University of Technology, Sydney (UTS), Australia.

The publisher of the book : NAGARA, Jln. Veteran I/25 Jakarta Pusat, Telephone:+62 21 3840127

Doctoral Promotion of Belinda Rosalina

Belinda Rosalina, who is a registered Consultant of Intellectual Property Rights, has just finished her doctorate degree from the Law Faculty of Universitas Indonesia. She successfully passed her final examination on 19 June 2010 and presented a doctoral paper with a title "Architectural Work Protection in Copyright Law: Substantial Similarity Perspective of the Dispute on Copyright Architectural Work".

Dr. Belinda Rosalina is the daugther of Mrs. Amalia Rooseno who is also a registered Consultant of Intellectual Property Rights and founder of Amroos & Partners, which is one of the leading IP law firms in the country.

Abstract of the doctoral paper:
There are some shortcomings of architectural work protection in Indonesian Copyright Law, those are the term of clarification, clariy and comprehensiveness. Such shortcomings create negative impact for architects in particular and the public in general. In relation thereto, improvements should be made in the coming Copyright Law among others on the concept of architectural work protection by comparing them to the Copyright Law of other countries. Hence it is proposed that its revision on architectural work adhere to American Architectural Works Copyright Protection Act (AWCPA), while also equip with the definition of Copyright Law of other countries. As regards on moral rights, it is recommended to comply with the provision of Australian moral Rights which consider the moral rights of Architectural Work of the creator (Author), with several modification. Not less important is the understanding on the exact formulation on how to determine the existence of substantial similarity if there is a dispute in copyright architectural work. Copyright protection on architectural work can be provided by stipulating on the Copyright provision into an agreement between architect and service user. Departing from these constructions of the legal protection, it is expected that architectural work could be well-protected and the creator's (author's) right could be more preserved.

Seminar on IPR Management

Asosiasi Konsultan Hak Kekayaan Intelektual - AKHKI (Association of Intellectual Property Rights Consultants of Indonesia) will be organizing a Seminar on the Management of Intellectual Property Rights with a topic "Functions and IPR Consultant and the Marketing Strategies" on 30 July 2010 in the Amaroossa Hotel Bandung.

For further information about the seminar, please contact the Secretariat of AKHKI at (+62 21) 5793 1631, 5793 2040 or sekretariat_akhki@yahoo.com

Inauguration of New Consultants of Intellectual Property Rights

HE Minister of Law and Human Rights of the Republic of Indonesia, Mr. Patrialis Akbar, inaugurated 55 new Consultants of Intellectual Property Rights (IPR Consultants) on Thursday, 22 July 2010 at the Kirana Ballroom of Kartika Chandra Jakarta. With this inauguration, the total number of IPR Consultants that are registered at the Directorate General of IPR reaches 506.

The new IPR Consultants are listed as follows:

Adidharma Wicaksono, Aditirta Parlindungan, Agian Wahyu Wibisono Rahardja, Albert Joenio, Aldrien Steven Patty, Anggiat Hutapea, Ansori Sinungan, Anthony Maruli Purba, Anton Ramada Saragih, Bhoma Satriyo Anindito, Christian Fajar Harapan, Deli Adriansyah, Dipa Kurniyantoro, Djoni Irawan, Edwin Candra, Ekaraya M. Rasidi, Fery Darlim, Haratua Panggabean, Henky Solihin Mz, Hifni Hasan, Imelda Septiana Rikin, Intan Kumalasari, Iwan Darusuryoatmodjo, Iwan Hilmansyah, Karna, Lexyndo Hakim, Lury Elza Alex, Maria Carola D. Monintja, Milwani Ibrahim, Mintauli Sitinjak, Muhammad Thoha, Muliyati Dharmawan, Najab Khan, Neni Ayuni, Nirizki Perdana Putra, Nurhayati, Pipit Yunianingsih, Purgatorio Siahaan, R. Prista Devina, Ratu Santi Ermawati, Ray Ruswandha Rizaldi, Reiner Mayas, Rolas Budiman Sitinjak, Rusdi Agus Salim, Sandra Salim, Sri Dewi Novani, Sri Wahyuni, Sry Titin Hartini, T. Tuegeh-Longdong, Wie Wie, Yafet Y.W. Rissy, Yanne Sukmadewi, Yufendy, Yuherman, Zisca Af. Pesiwarissa

The total number of IPR Consultants will grow as currently the University of Airlangga is conducting a training for candidates of IPR Consultants.

National Seminar on Law Enforcement

Jakarta, Borobudur Hotel, Timor Room, 15 June 2010

The Directorate General of Intellectual Property Rights (DGIPR) in cooperation with Japan International Cooperation Agency (JICA) organized a National Seminar with a theme on Law Enforcement.

The Seminar was officially opened by Mr. Mohammad Adri, Director of Cooperation and Development of the DIPR, on behalf of the Director General. Mr. Ryuji Kuroda, a representative from JICA Indonesia Office also gave a speech in the opening ceremony.

The topics of the seminar included the 2010 Action Plan of the IPR National Team, the Mechanism of Appeal Commissions, and the Appeal Commission System in Japan.

The seminar was attended by 100 participants coming from related law enforcement agencies, and practitioners.

IPR Arbitration and Mediation Body to be Established

The Government of Indonesia will soon establish a body for arbitration and mediation of intellectual property rights (Badan Arbitrase dan Mediasi Hak Kekayaan Intelektual - BAM HKI).

According to Prof. Achmad Zen Umar Purba, S.H., LL.M., the coordinator of the initiating team for the establishment of BAM HKI, the body will soon be established to handle disputes on ownership of intellectual property rights.The initiative to establish an alternative dispute resolution (ADR) body on IPR was initially expressed in a joint statement signed by nine members of the Initiating Team and fifteen IP-related organizations and associations. Prof Purba further mentioned that Minister of Law and Human Rights Patrialis Akbar gladly welcomed the initiative.

The settlement of disputes on IPR through ADR has actually been regulated in all laws on IPR.


Source/reference: Harian Media Indonesia, 14 May 2010, page 3

Training of Candidates of IPR Consultants

Faculty of Law of Universitas Airlangga Surabaya is conducting a special training for candidates of consultants of intellectual property rights. The opening ceremony of the training was held on Saturday, May 15, 2010, attended by, among others, Vice Deans of Faculty of Law, and Director General of Intellectual Property Rights of Ministry of Law and Human Rights (represented by Director for Cooperation and Development). Vice Rector of Universitas Airlangga officially opened the training.

The training is attended by 39 participants coming not only from Surabaya but also from other cities such as Batam, Jakarta, Denpasar and Makassar.

The chair of organizing committee of the training is Prof. Dr. Rahmi Jened, S.H., M.H.

New Doctor on Intellectual Property Rights

Yogyakarta, 3 May 2010


Indonesia noted the achievement of Mr Henry Soelistyo Budi in the academic field. He successfully presented and defended, with a cum laude distinction, his doctoral research paper with the title "Perlindungan Hak Moral Menurut Hukum Hak Cipta di Indonesia: Kajian mengenai Konsepsi Perlindungan, Pengaturan dan Pengelolaan Hak Cipta (The Protection of Moral Rights According to the Copyright Law in Indonesia: Study on the Concepts of Protection, Administration and Implementation of Copyright) before the doctoral examination panel at the Faculty of Law of Universitas Gadjah Mada in Yogyakarta.

The doctoral examination was attended by a number of high ranking officials and eminent figures including HE Vice President Boediono and His Royal Highness Sri Sultan Hamengkubuwono X.

Mr Henry Soelistyo Budi, born on 27 September 1995 in Solo, is currently working as Deputy for Administrative Affairs at the Secretariat of Vice President of Republic Indonesia. He graduated from Faculty of Law of Universitas Diponegoro in Semarang in 1980 and obtained his master of commercial law specializing in intellectual property rights (IPR) from the University of London in 1993.

Mr Budi has enriched his knowledge in the field of IPR through various learning and teaching activities and experiences. He attended, either as participant or speaker, a number of trainings, seminars, and diplomatic meetings on IPR in Indonesia as well as overseas. Currently Mr Budi also holds the position of Secretary General of the Indonesian Intellectual Property Society.

New Management of AKHKI

Asosiasi Konsultan Hak Kekayaan Intelektual Indonesia - AKHKI (Association of Indonesian Registered Consultants of Intellectual Property Rights) has formed a new management, as follows:

Chairman : Mr. Justisiari P. Kusumah
Secretay General : Mr. Firoz Gaffar

Address of Secretariat:
Senayan Trade Center (STC), 5th Floor, No. 125
Jln. Asia Afrika, Pintu IX, Gelora Senayan
Jakarta Pusat 10270
Indonesia

E-mail: sekretariat_akhki@yahoo.com
Website: www.akhki.or.id

Launch of IIPD (Third Edition), April 21, 2010

The third edition of Indonesian Intellectual Property Directory ("IIPD") will be launched on April 21, 2010. This latest edition has been updated with various information regarding IP system in Indonesia in the last two years. New information including geographical indication and plant variety have been added to complete the book.



Only printed in limited copies. Those who want to get hold of the most comperehensive source about intellectual property system in Indonesia, please order immediately to indonesian.ip.directory@gmail.com or call at +62 811 813964.

WIPO Sub-regional Roundtable in Bandung

World Intellectual Property Organization ("WIPO") in cooperation with the Directorate General of Intellectual Property Rights ("DGIPR") of Ministry of Law and Human Rights of Indonesia, and Japan Copyright Office ("JCO") held A Roundtable on Management of Copyright and Other Intellectual Property Rights in the Advertising Industry on March 17 and 18, 2010 in the capital city of West Java Province, Bandung.

The Roundtable was attended by delegates from 12 countries (Bangladesh, Cambodia, India, Malaysia, Pakistan, Philippines, Si Lanka, Thailand, and Vietnam) and local participants from Jakarta, Surabaya, and Bandung. The speakers included Mr Tomoyuki Aosaki (Producer, Social Projects Planning Division, Densu Inc., Tokyo), Mr Candra Darusman (Deputy Director, WIPO Office in Singapore), Mr Gordon Smith (President, AUS Consultants, New Jersey), Mr. Michael CM Soo, Head of IP and IT Department, Shook Lin & Bok, Kuala Lumpur, and Mr Ricky Pesik (General Secretary, Indonesian Advertising Industry, Jakarta).

The Director General of the DGIPR, Mr Andy N Sommeng, officially opened the roundtable which was held in Hotel Aston Tropicana Bandung.

In that occasion, the DGIPR also organized a visit for foreign delegates to Sawung Udjo which is the famous art center for Sundanese traditional cultures, especially Angklung musical instruments.

Signing of MoU on IP Cooperation

Jakarta, 24 February 2010


In the framework of strengthening the awareness and utilization of intellectual property rights (IPRs) system, three ministers i.e. Minister of Law and Human Rights Patrialis Akbar, Minister of Research and Technology Suharna Supranata, and Deputy Minister of National Education Fasli Jalal, signed a Memorandum of Understanding regarding Intellectual Property-based Innovations on Wednesday, 24 February 2010 at the headquarters of Ministry of Law and Human Rights.

In the same occasion, the ministers also witnessed the signing of cooperation agreement on intellectual property between the Directorate General of Intellectual Property Rights (DGIPR) and six universities (Universitas Diponegoro Semarang, Universitas Gadjah Mada Yogyakarta, Universitas Padjadjaran Bandung, Universitas Muhammadyah Jakarta, Universitas Muhammadyah Malang and Universitas Trisakti Jakarta).

New Principal Officers at the DGIPR

Jakarta, Wednesday, 24 February 2010

Minister of Law and Human Rights, Mr. Patrialis Akbar, inaugurated four principal officers of the Directorate General of Intellectual Property Rights (DGIPR) at the headquarters of Ministry of Law and Human Rights in Jakarta. The principal officers included:

1. Mr. Arry Ardanta Sigit as Director of Information Technology, replacing Mr. Freddy Harris, who is also at the same time inaugurated as Executive Secretary of the Directorate General of Administration of General Laws;
   
2. Mr. Sumardi Partoredjo as Director of Copyright, Industrial Design, Layout Design of Integrated Circuit, and Trade Secret, replacing Mr. Arry Ardanta Sigit;
   
3. Mr. I Nengah Mahardika as Executive Secretary of DGIPR, replacing Mr. Sumardi Partoredjo; and
4. Mr. Mohammad Adri as Director of Cooperation and Development, replacing Mr. Ansori Sinungan who is entering his retirement.

The other two principal officers remain in their position. They are Mr. Razilu as Director of Patents and Mrs. Herdwiyatmi as Director of Trademark.

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.

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

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

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)