Any previous request for recordal or notification will be processed under the new regulation.
Tuesday, March 8, 2016
IP license recordal now mandatory in Indonesia
Indonesia has long mandated in its IP laws the recordal of all IP licenses. But there was no implementing regulation for the last 20 years. So most licenses could not be filed. Some were, where parties had contractual or other obligations to fulfil, but they are presumably in a filing cabinet at DGIPR somewhere.
On 24 February 2016, the Ministry of Law and Human Rights issued Ministerial Degree No. 8 of 2016 on Requirements and Procedures for Intellectual Property License Recordal. Technically this is not the full government regulation, but a shortcut Ministerial Decree, however it should suffice. Now License Agreement Applications can be submitted via electronic and non-electronic applications to the DGIPR. The rules provides for a simple application form and fees. Recordals however are only valid for 5 years and so need to be renewed.
Companies need to review these regulations, find out what licenses they have, and now prepare to make these applications. Older ones filed previously may now need to be re-recorded.