IP enforcement in Indonesia

Summary: Guidance on IP Enforcement in Indonesia

The Guide provides an overview of intellectual property (IP) enforcement in Indonesia, aimed at foreign businesses operating in or planning to expand into Indonesia. The document outlines the laws and regulations, as well as IP enforcement procedures, in Indonesia.

Indonesia's IP enforcement system is complex, with various laws and regulations, including the Trade Marks Law and the Copyright Law. The country has made efforts to improve its IP enforcement, including the establishment of the Intellectual Property Office's (IPO) Civil Service Investigation Office (PPNS) as an alternative to the police for criminal complaints.

Key takeaways:

1. Indonesia has a largely TRIPS-compliant IP system, with some gaps in implementation.
2. Trade marks and copyrights are protected through registration at the Directorate General of Intellectual Property (DGIP).
3. Criminal IP enforcement is complaint-based, with options to file complaints with the police or the IPO's PPNS.
4. The Guide highlights challenges in IP enforcement, including corruption, lack of transparency, and limited resources.
5. Indonesia is working to improve its IP enforcement, including through new Customs systems and IP laws.

Recommendations:

1. Foreign businesses operating in Indonesia should engage with local IP lawyers and experts to understand the regulatory landscape.
2. Businesses should consider registering their IP rights in Indonesia to protect their interests.
3. Effective IP enforcement requires cooperation between government agencies, businesses, and civil society.