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Monday, October 10, 2011

Indonesia IP law changes


Long in the pipeline, IP Komodo hears that the amendments to Indonesia's IP laws are now at last on the way. Draft patent and trademark law amendments have been circulating for a while. The Directorate General of Legislation is still working on these. 

Now according to Bisnis Indonesia magazine, the Indonesian Government is targeting the amendment to be finished by next year. This will lead to a consolidation of all the 3 main laws into a Copyrights Law and an Industrial Property Law (covering patents, trademarks and industrial designs).

The process for preparing the Laws is as follows:

Ministry - Directorate General of Legislation - Parliament - President        

At present it is in the second stage and a request for comment has been sent to IP consultants. IP Komodo is concerned that the law will look great but there are two further steps that are needed. First the implementing regulations. For example Indonesia still has not enacted its well know mark regulations, preliminary injunction rules, or the Customs IP border protection regulations, despite their theoretical existence in the law. Then of course the practical application which comes down to effective work by government officials. That's another story.

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