Tag Archives: intellectual property

Legal Guarantee for Protection of Intellectual Property Rights in Indonesia

Protection of Intellectual Property Right (HAKI) is one of the basic rights protected by legal products in various countries. Not only that guarantees for intellectual property rights are also included in various international documents and agreements.

The Universal Declaration of Human Rights (UDHR) for example, in Article 27 paragraph (2) states, “Every human being has the right to protection, both morally and in material interests, resulting from scientific work, literature, as well as the art he made. “

Indonesia itself also has a legal framework to guarantee IPR. Among them is Law No. 28 of 2014 concerning Copyright and Law No. 13 of 2016 concerning Patents. In Article 1 of the Copyright Law, for example, it is stated that “Copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations.”

Meanwhile, in Article 1 of the Patent Law, it is stated that a patent is an “exclusive right granted by the state to an inventor for the results of his invention in the field of technology for a certain period of time to carry out the invention by himself or to grant approval to other parties to implement it.”

The history of Intellectual Property Right protection law products in Indonesia can also be traced back to before Indonesia’s independence. The Dutch colonial government, for example, enacted the Trademark Law in 1885 and the Copyright Law in 1912. After independence, in 1953, the Minister of Justice of the Republic of Indonesia issued the first national regulation on patents, namely the Announcement of the Minister of Justice no. J.S 5/41/4.

However, unfortunately, even though Indonesia already has a legal framework for IPR protection which is followed by a long history, the implementation of this Law is still too minimal.

Also read : What Is The Brand Appeal Commission?

What is the Brand Appeal Commission?

According to Article 1 point 23 of the Trademark and Geographical Indication Law, the Trademark Appeal Commission is a special independent body within the Ministry of Law and Human Rights which is tasked with receiving, examining, and deciding appeals against rejection of requests for registration of marks. The Mark Appeal Commission consists of a chairman who is also a member, a deputy chairman who is also a member, an expert in the field of marks as a member, and a senior examiner as a member. They seek to protect intellectual property rights in indonesia

The maximum number of members of the Mark Appeal Commission is 30 (thirty) consisting of 15 (fifteen) senior examiners and 15 (fifteen) experts in the field of marks who are appointed and dismissed by the Minister of Law and Human Rights for a term of 3 ( three years. The chairman and vice chairman of the Mark Appeal Commission are elected from and by the members of the Mark Appeal Commission. In order to examine the appeal, the Mark Appeal Commission shall form an odd numbered panel of at least 3 (three) persons. One of the panels is a senior examiner who has not conducted a substantive examination of the application for registration of a mark. In the appellate hearing process, the appellant and / or their attorney may submit a request to be able to convey their opinion in the hearing before the panel through the Chair of the Mark Appeal Commission. The appeal hearing trial is open to the public. For further information, you could ask IP law firm Indonesia you trusted. 

Application for appeal of marks The applicant or his attorney may submit an appeal against the receipt of a trademark registration to the Mark Appeal Commission with a copy submitted to the Minister of Law and Human Rights. The application is submitted describing in full the objections and reasons for the rejection of the application in writing. This reason is not an improvement or improvement of the rejected application for trademark registration. The application for an appeal against the rejection of the application for registration of a mark is submitted within a maximum period of 90 days from the date of sending the notification letter of rejection of the application for registration of a mark.  If it sounds hard, you will need law firm jakarta assistance for the application.

Also read : Pengagalan Trademark yang Sudah Terdaftar Di Indonesia