Indonesia’s IPR Domestic Situation

IPR protection was essentially an unusual concept in Indonesia’s national laws prior to the TRIPs agreement, due to its conflicting nature with Indonesia’s traditions and norms. This became a large problem within the IP lawyer Indonesia.

Despite the fact that intellectual property (IP) legislation existed in Indonesia as early as 1844, those Dutch colonial laws did not apply to native Indonesians. Under Dutch colonial rule, the legal system for indigenous Indonesians was adat (an extensive system of Indonesian traditional norms), which did not recognize IPR protection.

Under unwritten adat law, individual ownership in intellectual works or inventions is not recognized because knowledge is counted as public property, and its main function is to serve the public benefit. In this regard, it is not surprising if IPR protection has no strong roots in Indonesian society and there was no robust Indonesian legal tradition of protecting IPR.

Meaningful IP policy reform was taken by the Indonesian government only after Indonesia become a member of the WTO and therefore obliged to implement the TRIPs agreement.

The lack of IPR protection acceptance in Indonesian society seems to have not changed much even after more than a decade of IP policy reform. This is most evident from the fact that the number of resident patent applications in Indonesia is considerably lower compared to non-resident patent applications.

As can be seen from the WIPO statistical database from 2008 to 2017, more than 75 percent out of a total of 9,352 patent applications in Indonesia were made by non-residents.

In addition, compared to the other RCEP countries, Indonesia’s performance based on Property Rights Index in 2018 is also relatively poor. Indonesia, with an average score of 5.3, is behind New Zealand (8.6), Singapore (8.4), Australia (8.3), Japan (8.2), Malaysia (6.49), South Korea (6.47), China (5.9), India (5.6), and performs slightly better than Thailand (5.3), the Philippines (5.2), and Vietnam (5.07).

Furthermore, Indonesia’s relatively poor performance based on the Property Rights Index is also supported by the fact that Indonesia, along with India and China, has always been on the USTR Priority Watch List from 2010 to 2019, so far.

Based on the USTR Special 301 Report 2019, one of the main reasons why Indonesia has remained in the USTR Priority Watch List is widespread piracy and counterfeiting, and any kind of infringement of dangerous products.

The Compatibility of Indonesian Legal Framework on IPR

In the scope of trademarks, RCEP protects sound and scent marks, aspects that Indonesia’s existing law (Law No.15/2001 on Trademarks) does not recognize. Whether the protection of these types of marks is compatible or not with the current developments in Indonesia, this provision most likely will only serve the interests of foreign trademark owners.

In addition, RCEP’s IP also introduces a new mechanism called an “electronic trademark system,” a system for the electronic application for and maintenance of trademarks. To date, Indonesia does not have an online trademark registration system, as a consequence, the necessary foundation for this purpose needs to be established.

In terms of patent protection, RCEP provides provisions for broadening the scope of patentability to explicitly allow for new forms and new uses of known substances, even when there is no evidence of enhanced efficacy; patent term extensions to compensate for patent office or marketing approval delays, and data exclusivity.

With regard to industrial design, the RCEP has a specific clause on improving industrial design systems, particularly on facilitating the process of the cross-border acquisition of rights. Indonesia’s industrial design law (Law No.31/2000 on Industrial Design) does not have specific provisions on this issue. In this regard, the Indonesian government needs to improve the infrastructure and enhance its human resources to facilitate the cross-border acquisition of rights.

In regard to copyrights, the RCEP extends the duration of copyright protection. Under the TRIPs agreement, the duration of copyright protection is the life of the author plus 50 years after the author’s death. Under the RCEP, the protection is extended to a minimum of 70 years after the author’s death.

In addition, RCEP also incorporates new provisions on Technological Protection Measures (TPMs); Rights Management Information (RMI); and Collective Management. Under the Collective Management clause, the RCEP allows the recognition of the important role of collective management societies for copyright and related rights in collecting and distributing royalties. In all those aspects, Indonesia’s current copyright law (Law No.28/2014 on Copyrights) already complies with the RCEP’s IP.

On trade secret protections, Indonesian law to some extent has met the minimum requirements under the RCEP’s IP. Indonesian current law on trade secrets (Law No.30/2000 on Trade Secret) provides specific criminal provisions to prevent misappropriation of trade secrets. However, Indonesian national legislation does not have a specific clause on preventing misappropriation of trade secrets conducted by state-owned enterprises (SOEs).

In addition, to ensure the compatibility of Indonesia’s laws on IPRs, the RCEP members are also required to ratify other international agreements on IPR other than the TRIPs Agreement. This means, if Indonesia intends to join the RCEP, Indonesia will be required to accede to the rest of the international IP agreements: the Madrid Protocol, Budapest Treaty, Singapore Treaty and UPOV.

The RCEP’s IP Chapter provides higher standards for IPRs protection than Indonesia’s existing laws. Despite the fact that Indonesia’s existing IP legislation is TRIPs compliant, some aspects under Indonesia’s existing legal framework are incompatible with the RCEP’s IP.

In this regard, it is crucial to ensure that the Indonesian legal framework is compatible with the RCEP’s IP and also to ratify other international agreements on IP that have not been ratified by the Indonesian government. This may not be easy since the process for amending national laws and also ratifying international agreements under the current legislative process cannot be done in a short period of time.

Based on the assumption that the Indonesian government is still far behind in preparing this regulatory framework on IPR, not to mention providing the prerequisite infrastructure and social safety net, Indonesia’s intention to join RCEP is undermined by these realities.

Also read : Brand Registration in Indonesia: Step by Step

Brand Registration in Indonesia: Step by Step

Trademark registration Indonesia – In Indonesia the legal basis is the Trademark Act No. 15 Year 2001. Trademark protection is only obtained by registration. Protection based on prior use for unregistered trademarks is not available. Indonesia follows the first-to-file system.

Trademark registration: Requirements

A trademark application or brand registration in Indonesia has to be filed before the Trademark Office by a local registered IP agent. Foreign applicants must file an application via a local registered trademark agent appointed as their proxy. A simply signed power of lawyers and the Declaration of Entitlement are required.

Trademark registration: Procedure

The application process includes a formal examination and an examination of distinctiveness and similarity with prior trademarks. It takes approximately 18-30 months from first filing to registration. After passing the examination stage, the trademark is published in the Trademark Official Journals for three months (“Tambahan Berita Negara Merek Dagang Perusahaan dan Perniagaan”). The opposition period is 3 months from publication of the trademark application. During the publication, any party may file an opposition with the Trademark Office against your trademark application.

Trademark registration: Duration

A trademark registration in Indonesia is valid for 10 years and starts with filing date. The registration is renewable for periods of 10 years.

Trademark registration: Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

As an extra note, any third party shall be able to file a request for the deletion of the registration of a mark at the commercial court, on the following grounds: a. the mark which has not been used for 3 (three) consecutive years in trade of goods and/or services from the date of registration or of the last use, except there is an excuse which is acceptable to the Office; or b. the mark is used for the kind of goods and/or services, which is not in pursuant to the kind of goods, or services for which the mark application for registration was filed, including the use of the mark, which is not in accordance with the registered mark.

Baca juga : Indonesia’s 2019 Top Lawyers

5 Aplikasi ERP Penunjang Bisnis

Di zaman serba digital ini, manajemen bisnis berbasis ERP diperlukan bagi para pebisnis yang ingin bisnisnya lebih terstruktur, dan efisiensinya meningkat. Tak terkecuali di Indonesia, dengan perkembangan bisnis yang semakin menjamur, maka sistem ERP diperlukan untuk bisnis dalam berbagai sektor.

Nah, berikut kami mempunyai rekomendasi 5 aplikasi ERP di Indonesia yang patut dipertimbangkan bagi para pemilik bisnis ;

  1. Hashmicro

Mengusung slogan “system ERP terbaik di Indonesia”, perusahaan asal Singapura ini menawarkan sistem ERP yang terintegrasi dengan inventory, manufacturing, dan accounting.

2. Ecountrp

Aplikasi ERP ini menawarkan paket yang cukup lengkap dengan harga yang terjangkau. Mulai dari 700 ribu perbulan, anda dapat menikmati sistem ERP berbasis web.

3. Zahir Enterprise Plus

berdiri sejak tahun 1996, Zahir enterprise menawarkan sistem online antar cabang bisnis, dan garansi 1 tahun semenjak pembeliannya. Mulai dari harga 2 juta, anda dapat menikmati sistem ERP zahir, dimana nantinya ada juga fitur tambahan yang bisa anda beli untuk menunjang bisnis anda.

4. Odoo

Odoo merupakan sebuah software open-source yang dapat membantu mengelola bisnis secara keseluruhan. Modul yang difasilitasi Odoo antara lain penjualan, akuntansi, POS, inventaris, dan fitur manajemen proyek. Odoo menawarkan perangkat MPR terpadu untuk PLM dan pemeliharaan berkala, berbagai fitur pemasaran email, dan helpdesk. Namun ada pula kekurangan Odoo yaitu tidak adanya search engine dalam sistem sehingga pencarian data tidak bisa langsung ditemukan. Selain itu, pengoperasian Odoo lebih sulit jika dibandingkan dengan sistem ERP lainnya sehingga akan membutuhkan waktu lebih banyak untuk memahami dan menyesuaikan.

5. Vontis

Software inventory barang ini menawarkan paket ERP yang cukup lengkap, disertai free demo, fitur yang ditawarkan beragam mulai dari inventory hingga accounting.

Baca juga : Wi-fi VS Ethernet

Indonesia’s 2019 Top Lawyers

To be part of Indonesia’s top lawyers, one needs to be “communicative, responsive and supportive”, according to Rany Anggrainy, human resources and general administration manager of Geodis Wilson in Indonesia, when describing Indra Setiawan, a partner at ABNR.

“Indra’s response helps me to make further decisions for my company. I am happy having him as my business partner,” she adds.

“Commercial, responsive and well informed” are the specification that Freddy Karyadi, a partner at ABNR, possess, according to Matt Richards, founder and managing director of Watiga Trust in Singapore.

Muhammad Bhadra Aditya, legal, compliance & government relations manager at Digital Alpha in Indonesia, says people needs to “understand what the client needs and always come up with practical legal and commercial solutions”, which is how he described Abadi Abi Tisnadisastra, a partner at Akset Law Firm.

Speaking of Andi Walli, one of the founders and managing partners of Andi & Law, Nanda Juwita, a senior legal personnel at Cipta Integra Duta, says: “Andi is the full package when it comes to a high-quality lawyer … he is highly skilful, and has integrity and professionalism, yet is easy going.”

These comments, submitted to Asia Business Law Journal by the clients of Indonesian lawyers, suggest that they not only look for lawyers with an extensive knowledge of the law, but also those who are experienced, have skills to communicate, the ability to tailor-make solutions, and be professional and personable with their clients.

In addition, most international clients seek out Indonesian lawyers who have international experience and great mindset.

Spotlighting The Individual

With the largest economy in Southeast Asia, Indonesia’s economy has been growing at a respectable rate of 5% over the past five years amid a global slowdown, with the Indonesian government investing in US$350 million worth of infrastructure, the largest the country has even seen, and enjoying low levels of unemployment. Although the recent presidential elections create some uncertainty, it is expected that Indonesia’s economy will keep pushing forward.

In its effort to improve Indonesia’s business environment by attracting foreign direct investment, the government has been upgrading power and other infrastructure, aggressively prosecuting more corruption cases, and taking parts to improve the regulatory environment to sustain economic development and create new industries.

Indonesia’s legal system is largely based on Dutch colonial law as a result of 350 years of Dutch colonial rule until it’s independence in 1945, when the country started to establish its own laws by modifying existing Dutch legal principles and adapting from customary law that existed before colonization, as well as Islamic law (sharia), which applies to Muslims. Judicial precedent is not a source of law in Indonesia.

The Indonesian legal market has been making its best efforts to rebuild since 2016 despite economic challenges. Today, the Indonesian legal market continues to be one where clients seek out good lawyers, rather than good law firms.

Perhaps this is because of the respect and trust individual lawyers have built and nurtured in lawyer-client relationships, and, more importantly, their own reputation, which far outweighs their firm’s brand name or firm size, factors that are predominant in more developed jurisdictions.

This list is based on extensive research and nominations received from in-house counsel based in Indonesia and elsewhere, as well as Indonesia-focused partners at international law firms based outside Indonesia. Nearly all of the A-list lawyers are located in the country’s capital, Jakarta. This may reflect the premium on lawyers who are well placed to have their ear to the ground with regard to developments among the financial and sector-specific regulators, and within the corridors of power in government.

As would be expected, the heads of Indonesia’s top law firms are on the A-list. These include: Ahmad Fikri Assegaf, a partner at Assegaf Hamzah and Partners, who is described by Anne Yeo, co-head and equity partner at Rajah & Tann Singapore, as “a dynamic, articulate, knowledgeable and commercial minded lawyer who stands out with his ability to identify legal and commercial issues”.

Daru Lukiantono, the head of IP lawyer indonesia‘s practice group at Hadiputranto, Hadinoto & Partners, is described by Louis Chan, senior legal of counsel at The Procter & Gamble Company, as “having a good grasp of IP law and practice, and being responsive to client needs”.

Also making the list are: Linda Widyati, a founding partner of Linda Widyati & Partners; David Tobing, a founding partner of Adams & Co; Andi Simangunsung, managing partner at AFS Partnership; Sri Rahayu, managing partner at Rahayu & Partners; Aurora Nia Pratiwi, founding partner of ANC Attorneys at Law; and Bagus Nur Buwono, managing partner at Bagus Enrico & Partners.

High praise

Marissa Octrinanda, a business development personnel at Kian Santang in Indonesia, spoke about Dianyndra Kusuma Hardy of Suhardi Somomoljono & Associates: “Dianyndra always believe in the ethos of the client, not the lawyer, determining the format and amount of legal services to be provided.

He listens to the client, takes the time to determine client’s wants and needs, and works within that framework.” She adds, “Dianyndra works to ensure that the scope of his legal services stays consistent with our expectations and budget.”

Fabian Buddy Pascoal, a partner at Hanafiah Ponggawa & Partners, received high praise from Azman Jaafar, the deputy managing partner at RHT Law Taylor Wessing in Singapore: “Fabian is one of those rare lawyers who navigates the legal world and the business world seamlessly … by being actively involved in the business community, Fabian is able to get a deep understanding of the needs of his clients and offer advice attuned to the business landscape.”

Catherine Stemp, executive director and senior counsel at Goldman Sachs, Hong Kong, commended Theodoor Bakker, foreign counsel at ABNR, with this observation: “Theo has an encyclopaedic knowledge of Indonesian law as it relates to our finance business, as well as strong regulatory relationships and knowhow, which means that we get accurate, relevant and up-to-date steers on how to structure and run our business.”

Toplist women lawyers

Not to be outclassed by their male peers, a good portion of the A-list was filled by Indonesia’s leading women lawyers including: Helena Adnan, a senior partner at Adnan Kelana Haryanto & Hermanto, who also serves as director of legal and compliance, and independent director at Pelita Samudera Shipping; Melli Darsa, founder and senior partner at Melli Darsa & Co, who was recently named one of Globe Asia’s 99 most powerful woman in Indonesia; and Irawati Hermawan, managing partner at Hermawan Juniarto, who is currently active in several organizations such as the Indonesia Chambers of Commerce, the Indonesia Transport Society and the Indonesia Advocates Association. 

SH Fransisca, a partner at Makes & Partners, received praise from Lawrence Foo, a partner at WongPartnership in Singapore, who says, “Fransisca is a top corporate finance lawyer, and also has considerable experience in the real estate and M&A practices. Her strong analytical skills and ability to provide legal solutions place her in the top bracket of lawyers in Indonesia.”

Kevin Kileen, managing counsel at Amway, USA, describes Chandrawati Dewi, a partner at Ali Budiardjo Nugroho Reksodiputro, as “an exceptional lawyer, and we have worked with lawyers and firms around the world in gaining this perspective”. He adds, “she is a wise business counsellor, providing both accurate legal advice and common sense, [and] practical solutions that help us operate in a compliant, growth-oriented manner.”

The Future Lawyers

Included in the A-list lawyers is also Indonesia’s young legal talent. Pramudya Oktavinanda, managing partner at UMBRA Strategic Legal Solutions, received this positive note from Hendrawan Hendrawan, AVP – financial advisory services at RHB Sekuritas, Indonesia: “Pramudya is a young, passionate and talented lawyer. He always shows professionalism, providing significant solutions and advice in situations involving legal matters. I believe he will become one of the influencing leaders in legal practice in the future.”

Satisfied clients such as these are what make a lawyer or foreign legal consultant, counsel or adviser one of Indonesia’s top 100.

Compiling the Toplist

The Toplist is based on extensive research conducted by Asia Business Law Journal. To identify the top 100 lawyers in Indonesia, we turned to thousands of in-house counsel in Indonesia and around the world – as well as partners at international law firms – and asked them to tell us which lawyers should make the cut.

Nominations were made by professionals at a wide range of Indonesian and global companies, financial institutions and law firms, including: Adani Global; Allen & Gledhill; Amway; Astro Computer; AUG Consulting; Badan Pertanahan Nasional; Bank ANZ; Bank CIMB Niaga; Bank Dinar Indonesia; Bank Mandiri; Baramulti Group; BDO Indonesia; Beijing Kingsoft Office Software; Bintraco Dharma; BT; Carlson Rezidor Hotel Group; Centrepark Citra Corpora; Chatham House; Citibank; CMS; Covington & Burling; DLA Piper; Goldman Sachs; Grab; Hogan Lovells; Hutchison 3 Indonesia; Indonesia Stock Exchange; Konsultan Partisipasi Publik; KTC Coal Mining & Energy; Linklaters; Mapletree Investments; Mayer Brown; Mitsui & Co; Mizuho Asia Partners; Moka Teknologi Indonesia; Morrison & Foerster; Nestle Indonesia; Nishimura & Asahi; ORIX Corporation; Panasean Investama Indonesia; Panasonic Gobel Energy Indonesia; Pasifik Satelit Nusantara; Pengadilan Negeri Bangko; Pengelolah RPTRA; PT Indonesia Power; PT Jasa Digital Nusantara; Public infrastructure development of Dki Jakarta Province; RHB Sekuritas Indonesia; Saipem Indonesia; Singapore Airlines; Telekomunikasi Indonesia; Total Marine & Claims Services; Volvo Group Trucks Asia; Watiga Trust; Xendit; Xiaomi Communications Indonesia; and many more.

All Indonesian private-practice lawyers were automatically eligible for inclusion in the nominations process and, as always, there were no fees or any other requirements for entry.

Baca juga : Law 31 of 2000 about industrial design