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Wednesday, February 13, 2013

Indonesia's slow IP law amendment process continues

The 4 main IP laws are all under amendment :

- Trademark Law
- Copyright Law
- Designs Law
- Patents Law

This began around 4 years or so ago. The new draft Copyright Bill is undergoing public comment now, for what appears to be the second time. Also the Penal Code, which contains some criminal provisions relating to unfair competition, so is relevant to IP is also under amendment this year.

Under Indonesia's legislative process, usually a national law bill is prepared by either the related Ministerial, Legislation or other committee in Parliament. The IP laws all have a drafting team connected to the IP Office. Then it goes into the National Legislative Program timetable, called Prolnegas. Then it goes to a Parliamentary Committee Meeting of the House of Representatives. After the discussion in the committee concludes, the bill is discussed and approved by the Assembly. Then signed into law by the President.

Last year the 4 IP law drafts were all included in the 2012 Prolnegas, but were sent back for further drafting. So they appear to have undergone a further round of amendments. It is not yet certain if they will then be put back in the Prolnegas for 2013. The Penal Code bill is included in the Prolegnas for 2013.

There is however a general election in 2014 and this could potentially delay the IP law amendments as members of Parliament will be more focused on re-election.

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