The New Indonesian (Trade)mark Law: The Law number 20 of the Year 2016 regarding Mark and Geographical Indication
The President of the Republic of Indonesia has enacted a new (Trade)mark Law on 25 November 2016, the Law number 20 of the Year 2016 regarding Mark and Geographical Indication. This new (Trade)mark (TM) and Geographical Indication (GI) Law replaces the Law number 15 of the Year 2001 regarding Mark.
In the previous TM Law, GI could be found in few articles within the TM Law. Now, GI has a significant part in the new Law. The new Law contains 20 Chapters with in total 109 articles.
This new TM and GI Law (further TM Law) is more advanced in covering new aspects of the Trademark. With the new TM Law, Indonesia will have new forms of Trademark such as in form of 2-D, 3D, sound, and hologram. However, smell is still not a Trademark in Indonesia.
A mark is defined as a sign that can be displayed graphically in form of picture, logo, name, word, letter, number, composition of colours, in form of two and/or three dimensional, sound, hologram, or combination of two or more of the elements to distinguish goods and/or services that is produced by person or legal entities in the trade activities of goods and/or services.
Increasing of Official Fees 2016 and Introducing Fees for Electronic On-Line Filings
The Government of Indonesia has amended on 31 October 2016 for the second time the Government Regulation number 45 of the year 2014 regarding Non-tax state income, the Government Regulation number 45 of the year 2016. It is a regulation relating to Official Fees for services of Intellectual Properties at the Indonesian Intellectual Property Office (DGIP). The new regulation is valid from 10 November 2016.
In the new regulation, the government introduce new Official Fees relating to online applications of Intellectual Properties while increasing Official Fees on Manual Filing.
For many stakeholders, it was a sudden increase. It was heard that the DGIP has just received the increase on 7 November 2016. This current change of IP fees was mostly to accommodate the micro, small and medium enterprises that, for example, do not need to pay patent annuity in the first five years anymore. In the next year further increase in areas other then filing of application is expected, said a high rank DGIP Officer.
The Official Fees for a manual filing for patent applications is 50% and for on-line filing is 25% more expensive than the previous fee while for request of a Substantive Examination and Patent Annuities remain the same.
The Official Fees for a manual filing for trademark applications is 100% and for on-line filing is 80% more expensive than the previous fee.
It is to be noted that many on-line filings (except for Copyrights) are still not in function.
The New Indonesian Patent Law: The Law number 13 of the year 2016 regarding Patent
After years of plan and months of discussion in the parliament, on 28th of July 2016 the Indonesian Parliament has passed the draft of the new patent law. After that, the draft was on its way to become a law.
On 26th of August 2016 the President of the Republic of Indonesia legalized the draft and on the same day the Minister of Law and Human rights enacted the Law in the state gazette number 176 of the year 2016 and in the additional state gazette number 5922 of the year 216.
Now, if we are talking about the New Indonesian Patent Law, it is the Law number 13 of the year 2016 regarding Patent.
The new Patent Law is intended to support the transformation of Indonesian national economy toward a competitive advantage based economy.
The urgency of the new Patent Law among others are:
• Adjustment to administrative automatization system of the intellectual property related to electronic patent application
• Shorten substantive examinations and issuance of certificates
• Emphasize that second use and second medical use shall not be granted as a Patent
• Rearrange Annuity Payment System
• Extension of Patent Appeal Commission authority for a post-grant examination related to correction of description, claims, and drawings after a Patent has been granted, and deletion of a Patent
• Exclusion of criminal offences and civil actions for Parallel Import and Bolar Provision including an extension of Bolar Provision year
• Regulate of export and import related Compulsory License
• Mediation mechanism prior to criminal offence
The new Patent Law itself contains 173 articles spreading in 20 chapters. The new Law cannot stand alone. Implementing regulations is needed for the new Law to be applicable. It is planned various implementation regulations that is in total 4 (four) government regulations, 2 (two) president regulations, and 17 (seventeen) regulations of Minister of Law and Human Rights. All of the implementing regulations have to be set at the latest 2 (two) years from the enactment of this Law.