Indonesia: Recordation of IP licence agreement

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Indonesia: Recordation of IP licence agreement

Indonesian IP laws have always required IP rights licences in Indonesia to be recorded at the Intellectual Property Office. This requirement is set out on the Copyright Law, Patent Law, Trade Mark Law, Industrial Design Law, Layout Designs of Integrated Circuits Law and Trade Secrets Law. However, such recordal mechanism has not been carried out due to the lack of implementing regulation, even though the legal consequence is that, if an IP licence is not recorded, it would not be binding on any third parties.

To implement that requirement, the Ministry of Law and Human Rights (MoLHR) recently enacted MoLHR Regulation No 8 of 2016 on Requirements and Procedures for Recordal of IP Licence Agreements, which stipulates the procedural steps to record an IP licence.

According to Regulation 8/2016, requests for recordation of an IP licence can be submitted to the Directorate General of Intellectual Property (DGIP) manually or online. However, the website of the DGIP does not yet provide a facility to implement this. Therefore, for now requests for recordation need to be submitted to the DGIP by hand.

To support a request for recordation of an IP licence, an application would need to submit (1) a copy of the licence agreement, (2) a copy of the certificate of registration of the IP rights, (3) an original power of attorney, and (4) an original payment receipt. The applicant is also required to submit a statement confirming that the licensed IP rights are valid, and that the licence would not jeopardise the national economy, hinder technological development or contravene the prevailing laws.

The DGIP will then examine the request for recordation of the IP licence and record the IP licence within 10 days after it receives the request. The DGIP will publish the recorded IP licence on the website of DGIP. A recordation of an IP licence is valid for five years and is renewable.

With the issuance of the implementing regulation, it is now necessary for the licensor or licensee to record their IP licence at the DGIP, to ensure that the use of the IP rights in Indonesia based on the licence agreement is protected.

Lukiantono_Daru
Utami_GayatriPutri

Daru Lukiantono

Gayatri 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

more from across site and SHARED ros bottom lb

More from across our site

IP is becoming one of the most significant drivers of major deals, and law firms are altering their practices to reflect the change
In the second in a new podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IPause, a network set up to support those experiencing (peri)menopause
Firms are adapting litigation strategy as Brazil’s unique legal system and technical expertise have made preliminary injunctions a key tool in global patent disputes
A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Gift this article