Indonesia

Spruson

Overview

Capital: Jakarta

Population:  248,216,193 (est. 2012)

Languages: Bahasa Indonesia (official), English

Area: 1,904,569 km²

Currency: Rupiah (IDR)

Legal System: Civil law system based on the Roman-Dutch model and influenced by customary law

Patent Practice Summary

Filing Statistics

indo_graph

Key Issues

  • All litigation and prosecution in Bahasa Indonesia
  • Ranked 55th in the world for IP protection in the World Economic Forum’s Global Competitiveness Report 2013/2014

Enforcement

  • Penal provisions – Deliberate patent infringement is a criminal offence punishable by imprisonment of up to 4 years and/or a fine of five hundred million rupiahs
  • Available remedies include injunctions, and if the infringement was deliberate, damages may be awarded
  • It is possible to obtain preliminary injunctions for restraint of continuing infringement
  • Alternative dispute resolution is available by arbitration

Prosecution

  • National phase entry deadline for PCT applications in Indonesia: 31 months
  • Non-patentable subject matter – Methods of treatment of the human or animal body, inventions that may encourage offensive, immoral or anti-social behaviour, scientific / mathematical theories or methods, all living creatures (except micro-organisms), and biological processes which are essential in producing plants or animals
  • Voluntary divisional applications possible as long as original parent application has not been withdrawn, abandoned or granted

Other issues

  • No post-grant opposition
  • An Indonesian patent shall be deemed void if annuity payments are not paid for three consecutive years. Once considered void, it is not possible to restore the patent. Late annuity payments can be made before the three year deadline, subject to penalty fees
  • Participant in the ASEAN Patent Examination Co-operation (ASPEC)
  • Compulsory license – If within 36 months from grant, a patent has not been implemented in Indonesia or only partially implemented by the patent holder, a third party may file a request for a compulsory license

Filing Requirements in Indonesia

 

Affiliations

Bodies

  • Directorate General of Intellectual Property Rights
  • Department of Law and Human Rights
  • World Intellectual Property Organization

 

Member

  • Nairobi Treaty on the Protection of the Olympic Symbol
  • WIPO Performances and Phonograms Treaty
  • WIPO Copyright Treaty
  • Berne Convention for the Protection of Literary and Artistic Works
  • Patent Cooperation Treaty
  • Convention Establishing the World Intellectual Property Organization
  • Paris Convention for the Protection of Industrial Property

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