From the islands of Indonesia, the IP Komodo prowls South East Asia and beyond looking for succulent morsels of intellectual property news with the aim of to raising awareness of South East Asia's IP issues to help people understand this diverse region's IP complexities.
Indonesia's slow IP law amendment process continues
4 main IP laws are all under amendment :
Copyright Law -
Designs 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.
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.
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
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.