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Indonesia: Electronic trade mark filing

The Indonesian IP Office will soon accept electronic filing for new trade mark applications, trade mark renewal applications, patent applications and industrial design applications. The Indonesian IP Office is expecting to launch the electronic filing by the end of this year. Several post-registration services, such as recordation of assignment rights, change of name and address, as well as change of trade mark attorney, are scheduled to be launched in 2016.

As a preparation to implement the forthcoming new Trade Mark Law and in order to allow the Indonesian IP Office and IP practitioners to prepare for the accession of the Madrid Protocol, the Indonesian IP Office has developed the infrastructure and procedure for online electronic filing. The registration procedure will be streamlined and the trade mark registration process will take less time. Further, the Indonesian IP Office, which handles a high number of applications, will be more efficient. Once the electronic filing system is launched, IP practitioners will be able to file and track the current status of their applications through the Indonesian IP Office's website, as the system promises real-time updating of the database.

To access the system, a registered IP consultant is required to register his/her email address at the Indonesian IP Office. Under the new system, all supporting documents of a trade mark application will be submitted online to the Indonesian IP Office, while original supporting documents will be kept by the IP consultant. Foreign applicants will still be required to provide original supporting documents to their Indonesian IP consultants, as there are several procedures which require the original documents to be acceptable to the Indonesian IP Office, for example stamp duty payment for supporting documents, and sworn translation of priority documents.

Upon submission of an electronic application together with scanned copies of supporting documents, the Indonesian IP Office will issue a billing code to the applicant to enable payment of official fees. Applicants will then be able to pay the official fees through electronic means, as opposed to the current system which requires direct deposit at the approved bank. The Indonesian IP Office will then issue an official filing receipt by email upon receiving the payment. The payment date of the trade mark application will be considered as the filing date of the trade mark.

This administrative efficiency seems to be heading in the right direction as it speeds up IP registration procedures. However, infrastructure development and training for both Indonesian IP Office officers and end users will be required to fully implement the system.

Lukiantono_Daru-100

Daru Lukiantono

Putri Utami


Hadiputranto, Hadinoto & PartnersThe Indonesia Stock Exchange Building, Tower II, 21st FloorSudirman Central Business DistrictJl. Jendral Sudirman Kav 52-53Jakarta 12190, IndonesiaTel: +62 21 2960 8888Fax: +62 21 2960 8999www.hhp.co.id

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