Each of business activities needs to get the legal protection on behalf to avert every disputesbetween the parties in the future. One of the legal protection which urge to be applied for every companies is related to their intellectual property which have the high economic value in the commerce field. Commonly we named it as The Intellectual Property Rights, especially under the law of Indonesia’s Regulations.

 

The urgency of the intellectual property rights protection have become an obligation and responsibility, following of the enactment of General Agreement on Tariff and Trade (GATT) and as well after the establisment of World Trade Organization which has been ratified under the Indonesia’s Regulation through the The Law of The Republic of Indonesia No. 7/1994 about The Ratification of the WTO establishment. Therefore, the Indonesia’s regulation cope every regulation which regulate and protect every object of intellectual property rights. Each of the intellectual property rights regulation in Indonesia oblige the person who has the rights to register in the Directorate General of Intellectual Property Rights on their behalf. The regulations of intellectual property rights divided into two forms, those are Copyright under the Law of the Republic of Indonesia No.28/2014 and the Industrial Right, one of the which is the Trademarks under the Law of the Republic of Indonesia No.20/2016.

 

The protection could we get from the registration of the intellectual property rights could only applies in the territorial of the country, that means the country only obtains protection within the territory of the country where the registration is made. In any other words, the other countries which have not done the registration of intellectual property rights which certainly does not get the legal protection. The conclusion is every business entities who has the intellectual property rights in Indonesia has the obligation to register their rights under the Law of the Republic of Indonesia on behalf to protect their rights.

 

The intellectual property rights divided into two forms, as follows:

1.    Copyrights (The Law of The Republic of Indonesia No. 28/2014)

2.    The Industrial Rights, includes:

       1.    Patents (The Law of The Republic of Indonesia No. 13/2016)

       2.    Trademarks (The Law of The Republic of Indonesia No. 20/2016)

       3.    Trade secrets (The Law of The Republic of Indonesia No. 30/2000)

       4.    Industrial Design Rights (The Law of The Republic of Indonesia No. 31/2000)

       5.    Design of the Integrated Circuits Layout (The Law of The of Republic Indonesia No. 32/2000)

       6.    Geographical Indications (The Law of The Republic of Indonesia No. 13/2016)

       7.    Plant Varieties Protection (The Law of The Republic of Indonesia No. 29/2000)

 

All the types of intellectual property rights above are managed by the Directorate General of Intellectual Property Rights, except the Plant Varieties Protection is under management of The Ministry of Agriculture.

 

The definitions and scope of the intellectual property rights regulations in Indonesia are as follows:

 

1.    Copyrights : the exclusive rights of the owner of the rights which arise automatically based on the declarative principle following after the object of the intellectual property manifested in a tangible forms, but that does not eliminate the obligations to register in the directorate on behalf to protect the rights or as an evidence in a court;

2.    Patents : the exclusive rights which given by the state to the investors of their inventions in the field of technology;

 

3.    Trademarks : as a “marks” manifested in a pictures, names, words, sentences, letters, numbers, arrangement of colors or combinations, which every elements of those part has a distinguishing mark and used in the trade activities of goods and services;

4.    Trade secrets : an information that is classified to the general public in the field of technology and/or business, it has an economic value because it is to be used in business activities and the owner of trade secret decided to keep it classified, which includes production methods, processing methods, sales methods or other information in the field technology and/or business that has economic value and it doesn’t to be known by the general public;

5.    Industrial Design Rights : the exclusive rights which given by the state to the designer of an industrial design in a certain period of time to use it, or to grant it to the others to exercise the rights;

6.    Design of the Integrated Circuits Layout : the exclusive rights which given by the state to the designer of the Design of the Integrated Circuits Layout in a certain period of time to use it, or to grant it to the others to exercise the rights;

7.    Geographical Indications : a sign indicating the origin of an item, which due to geographical environmental factors including natural factors, human factors, or a combination of these two factors, gives certain characteristics and qualities to the goods produced.

Registration of Intellectual Property Rights begins with applications filed by the owners of intellectual property objects through their legal counsel addressed to the Directorate General of Intellectual Property of the Ministry of Law and Human Rights of the Republic of Indonesia. The procedures and requirements for the registration of each Intellectual Property Rights in detail can be seen in any relevant intellectual property laws.