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Indonesia: E-filing of trade marks and copyrights




The Directorate General of Intellectual Property Rights (DGIPR) has developed an e-filing system for copyright registration since mid-2014. According to the Indonesian Copyright Law No 28 of 2014, copyrights can be registered although the right itself exists only once the creation has been created. The registration of a copyright is only a supporting tool for the copyright owner to get their copyright recorded at the database of the DGIPR.

Although it does not have the same function as the registration of patents, trade marks and industrial designs, the process of copyright registration took quite long (about one to two years). The length of the process has been shortened in the last one year, and now a copyright registration can be processed in only six months to one year.

By developing an e-filing system for copyright registration, DGIPR expects that the copyright registration may take even less than one year.

The same efforts have been made for trade mark e-filing. Further to the integration of WIPO-IPAS into the DGIPR trade mark registration system since mid-2012, DGIPR is in the midst of creating a trade mark e-filing system to simplify the trade mark filing process. This system also factors in the accession of the Madrid Protocol that is expected to be made within this year.

DGIPR has set a self-imposed deadline to accomplish the trade mark e-filing system of July this year. However, filing trade mark manually is still recommended before the e-filing system is completely proven without any technical problems. Further, there are some details that have to be paid attention to especially regarding the payment system and also confirmation on whether the first-to-file will be counted from the submission of the trade mark registration (before the payment) or after payment confirmation.

In the meantime, the copyright e-filing system that has been developed since mid-last year has not been chosen as a recommended option due to several technical failures that have not been completely fixed until now. As trade mark application is even more complicated compared to copyrights registration due to the long and various stages of the examination process, creating a trade mark e-filing application system is much more challenging.

DGIPR has also said that in the future, each Indonesian IP attorney will receive a user ID and password that will enable them to conduct online monitoring of the registration process. It will be more effective and efficient compared to the current practice.

Trade mark e-filing applications will also be slightly cheaper than applications filed manually, but DGIPR has not confirmed the amount of the e-filing application.

In brief, the e-filing system will be very useful once it can be used smoothly without technical problems. While the e-filing system is still being tested though a trade mark application filed manually will be the best option for all parties.

Fortuna Alvariza

Fortuna Alvariza IP (FAIP)
Jl. Cipaku 6 No. 14
Kebayoran Baru
Jakarta Selatan (12170)
Indonesia
Tel: +62 21 723 3925
Fax: +62 21 723 3919 
fortuna@fortunaalvariza.com
www.fortunaalvariza.com


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