Intellectual Property Rights (IPR) are a critical component of a company’s global competitiveness. IP protection assures a return on investment through innovation, and is especially important for SMEs expanding into developing markets like Indonesia.
Despite the fact that SMEs generally have limited resources, it is crucial to understand how IP could benefit businesses. The infringement of intellectual property rights (IPR) is one of the most common concerns for overseas business dealing, and can result in a loss of business, revenue, reputation, and competitive advantage, both in Indonesia and in core domestic markets.
These threats could be mitigated through proactive measures to protect IP and deter potential infringers. This article will help readers obtain a grasp of Indonesian Intellectual Property Protection Rights and the importance of trademark registration in Indonesia.
What is Intellectual Property in Indonesia?
According to the World Intellectual Property Organization, intellectual property means “creations of the mind.” It involves inventions, literature, works of art, designs, symbols, and other forms of intellectual property.
New forms of IP, such as geographical indications, sound trademarks, three-dimensional trademarks, and holograms, are becoming recognized as businesses and technologies advance. Intellectual assets, just like physical assets, have the ability to generate revenue for a company but also bear the potential risk of being stolen or misused by others.
How to Protect Intellectual Property in Indonesia
The following is a list of intellectual assets that are protected under Indonesian law to help businesses deal with IPR infringements:
- Industrial designs
- Geographical indications
- Trade secrets
A trademark, which acts as a means to legally differentiate a brand or product, is the most prevalent type of intellectual property that has to be safeguarded for businesses. The owner’s rights are protected by trademark registration in Indonesia, and can take legal action against the unlawful use of trademarks in the country.
Trademark Registration Indonesia – A Step-by-Step Guide
The ‘first-to–file’ approach is widely accepted in the Indonesian trademark system. However, companies are required to present adequate documentation, such as trademark registrations in other countries, to demonstrate that their trademark is well-known.
The registration of IPs from well-known and established nations, such as Europe, Japan, Canada, and the United States, are normally valued higher by Indonesian courts. They also value trademark registration in neighboring South-East Asian countries such as Singapore, Malaysia, and Thailand, as well as populous nations like China and India.
It is also a good idea to include representative countries from other continents to demonstrate that the brand is well-known throughout the world.
There are additional rules on unconventional markings, such as three-dimensional trademarks, sound marks, and holograms, as well as provisions on the Madrid Protocol, which allow Indonesia to join the worldwide trademark registration system.
After the application is submitted, it takes between 36 and 42 months for a trademark to be registered in Indonesia.
Protect Your IP Rights with Cekindo’s Trademark Registration Service
Foreign applicants for a trademark are required to file for the processing of their application via a local IP consultant with a signed Power of Attorney and Declaration of Entitlement.
Cekindo will make sure that the trademark you intend to register has not been registered by other entities and confirm whether the trademark complies with the Trademark Act following both religious and public values in Indonesia.
Cekindo will translate all needed documents and verify that the application is comprehensible to local Indonesians, as trademark applications must be presented in the Indonesian language.
Your trademark application is ready to proceed once you have completed your research, chosen an IP Consultant, and translated all of the papers. Alternatively, you may contact Cekindo, and we will handle all necessary preparation and application submission on your behalf.