The Tropical Treasure Island of the 21st Century Maritime Silk Road
Indonesia is the largest archipelagic country in the world. It is located in an important strategic position in the world and guards many important international ocean lines of communication. Indonesia is rich in natural resources. The output of palm oil ranks first in the world, and the output of natural rubber ranks second in the world. It is rich in mineral resources such as oil, natural gas, coal and tin. As the world's fourth most populous country, Indonesia's economic growth rate has been at the top of the world's major economies for many years. It is the largest economy in ASEAN and the sixteenth largest economy in the world. Indonesia was once the hardest-hit area of terrorism. In recent years, the Indonesian government has effectively controlled the core government departments, actively combated corruption, and adopted measures such as one-stop investment services to continue to attract large-scale overseas investment. The social order and political situation are generally stable, and the national economy has also achieved rapid development. increase. Indonesia's continued positive economic development prospects have continued to attract foreign capital influx in recent years. China has been Indonesia's largest trading partner for many years in a row, and Indonesia is also one of the top ten overseas markets for Chinese companies to contract foreign projects. Tsingshan Group invested in the construction of the stainless steel production base with the longest industrial chain in the world in Indonesia; Hongqiao Group invested in the construction of the first smelting-grade alumina plant in Indonesia and the largest smelting-grade alumina plant in Southeast Asia; Xiaomi, OPPO, and VIVO have become the most important smart phones in Indonesia brand ranks.
On IP, Indonesia is an active member of the WTO's Committee on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Member of the World Intellectual Property Organization (WIPO), member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, the Hague Agreement, the Berne Convention for the Protection of Literary and Artistic Works, the Trademark Law Treaty, World Knowledge Party to conventions or treaties such as the WIPO Copyright Treaty. Since receiving WTO sanctions in 1994, Indonesia has formulated and promulgated relevant intellectual property laws, creating a safer framework for intellectual property protection and providing a healthier environment for the development of intellectual property. Today we will briefly introduce the patent application system in Indonesia.
Introduction to the Indonesian Patent System
1. Types of Indonesian patent protection
The types of protection stipulated in the Indonesian patent law include invention patents, simple patents and design patents.
2. Paths for Chinese applicants to apply for patents in Indonesia
Paris Convention, PCT International Application Entry into Indonesia, Direct Application
3. Review unit
The Indonesian General Directorate of Intellectual Property, DGIP, is a department under the Indonesian Ministry of Law and Human Rights, responsible for the formulation of intellectual property policies, and is responsible for managing all intellectual property-related approvals and administrative matters. The Indonesian General Office of Intellectual Property consists of the General Office Secretariat, Copyright, Industrial Design, Integrated Circuit Layout Design and Trade Secret Bureau, Patent Office, Trademark Office, Cooperation and Development Bureau, Information Technology Bureau and other departments. The Directorate General of Intellectual Property has 33 local offices responsible for receiving IP applications. In 2010, the Indonesian Intellectual Property Directorate established an investigative council, which is responsible for investigating suspected intellectual property matters and cooperating with the police to seize suspected goods. The Indonesian Intellectual Property Office has also established a CD supervision team as an effective part of its prevention of film and television media piracy. Since August 17, 2019, DGIP has launched an online intellectual property registration service, relying on its digital system to continue serving the public, and achieved a miraculous increase in the number of intellectual property applications during the outbreak of the epidemic in the second half of 2019.
4. Submit the application
1) Deadline requirement: DGIP does not recognize priority restoration.
- via Paris Convention : within 12 months from the earliest priority date
- PCT international application entered into Singapore: within 31 months from the earliest priority date
2) Language requirements: The official language of Indonesian patent application is Bahasa Indonesia; the application can be submitted in English and the Bahasa Indonesian translation can be supplemented.
3) Application method: Paper submission or electronic submission is acceptable
5. Formal review
After the date of application is determined and the applicant has not withdrawn the application, the DGIP shall examine whether the application complies with the formal requirements prescribed by law. To file a patent application in Indonesia, signed original documents are essential. In addition to the common Power of Attorney (signed by the applicant), Indonesian signature documents also need to submit a transfer certificate (signed by all inventors) and a declaration of ownership of the invention (signed by all inventors). These signed documents do not need to be notarized and authenticated, the originals are sufficient. In addition, it should be noted that when a Chinese applicant submits an Indonesian patent application through the via Paris Convention or the direct application route, he needs to go through the confidentiality review procedures with the Chinese Patent Office in advance.
6. Public procedures
Once all formality requirements have been met, the DGIP will publish an announcement in the Patent Journal and issue a publication notice to the applicant after 18 months from the date of the patent application or the earliest priority date. The announcement period is 6 months from the date of publication. During the announcement period, any third party can submit public comments to DGIP or raise objections to the patent application.
7. Substantive examination procedure
The substantive examination procedure of an Indonesian patent application is initiated at the request of the applicant. After receiving the applicant's substantive examination request, DGIP will conduct search and examination independently, and at the same time recognize the search reports and examination opinions of other treaty countries (such as the United States, the United Kingdom, Australia, Japan, South Korea, and most European Patent Treaty member states). In addition, applicants can also request to use search or examination results from other ASPEC member states to expedite the examination process of Indonesian patent applications.
8. Authorization procedure
After the patent has passed the substantive examination procedure, if the examiner believes that the conditions for granted are met, a letter of granted will be issued. Indonesia does not charge an authorized registrar fee.
9. New Intellectual Property Regulations in Indonesia
In July 2020, the DGIP announced that assignment filings for patents could only be made after they had been granted, effectively prohibiting assignment filings for pending patent applications. On October 5, 2020, the Indonesian House of Representatives and the Indonesian government officially passed the "Comprehensive Labor Act", and Indonesian patent owners will no longer have to worry about failing to submit a request for patent use or delaying the application on time, which will cause their Indonesian patents to be forced license or be voided.
Advantages of Indonesian Patents
1. The Indonesian Intellectual Property Office recognizes the search and examination results of the United States, the United Kingdom, Australia, Japan, South Korea, and most European Patent Treaty member states. If there are related applications in these countries and patent rights have been obtained, the Indonesian official review process can be greatly accelerated.
2. Since June 1, 2013, Japanese companies may obtain patents in Indonesia earlier by using PPH. Conversely, PCT applications accepted by DGIP after June 1, 2013 can be accepted for international search/international preliminary examination at the Japan Patent Office. This helps to create an appropriate protective environment for the development results of Japanese companies' local research in Indonesia.
3. The Indonesian patent law adopts a pre-granted opposition system. Within 6 months from the date when the invention patent application is published, anyone can raise an opposition to the patent application. It is convenient to block the patent layout of competitors.
Friendliness to Chinese applicants:
★★★★
Gold content of patent rights:
★★★
The degree of perfection of the rights protection mechanism:
★★★
