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03 May 2016
REGISTRATION PROCEDURE OF IP LICENSING AGREEMENT


The Ministry of Law and Human Rights of the Republic of Indonesia (“MOLHR”) has issued a new regulation which requires that all IP licensing agreements be registered for recordation at the ministry.  The regulation is MOLHR Regulation No. 8 of 2016 regarding Rules and Procedures for the Recordation of Intellectual Property License Agreements (“Regulation No. 8 / 2016”).


Regulation No. 8 / 2016 applies to all of the intellectual property rights, namely, copyright and related rights, patents, marks, industrial design, integrated-circuit layout design, and trade secrets. For the recordation an application must be submitted by the licensor or the licensee or their representative. The application may be submitted either electronically or non-electronically. Below are the basic rules and procedures.

 

Electronically

 

Non-Electronically

 

The application is to be submitted through the official website of the Directorate General of Intellectual Property’s (“DGIP”). The below documents must be uploaded along with the application:

 

The application is to be manually submitted to the Ministry. The below documents must accompany the application:

 

  • A copy of the License Agreement or another evidence thereof;
  • A copy of the certificate of the respective patent, mark, industrial design,  integrated circuit layout design or ownership evidence of the respective copyright, related right, or trade secret which is still valid;
  • Original specific power of attorney, if the application is made through a proxy; and
  • Original receipt of the payment of the application fee.

 

In addition to the above, the applicant must complete and submit the electronically available Declaration Form which states that  the intellectual property right referred in the respective license agreement:

 

In addidtion to the above, the applicant must complete and submit the  Declaration Form  provided as an  attachment to Regulation No. 8 / 2016 which states that  the intellectual property right referred in the respective license agreement:

 

  • is still validly protected;
  • does not prejudice national economic interests;
  • does not inhibit the development of technology;
  • is not contrary to the provisions of the prevailing laws, morality and public order;

 

Foreign applicants must be represented by an IP consultant who is domiciled in Indonesia.


Under Regulation No. 8 / 2016, the processing of an application should not take more than 10 days as of the acceptance of the application. Incomplete applications will be returned to the applicants and the applicants will have no more than 10 days as of the date of the notification to complete the application. Failure in submitting the application within the prescribed time frame will result in that the application will be deemed as withdrawn. Successful recordation applications will be announced in the official website of the DGIP. The recordation is valid for 5 years, at the end of which the applicant may re-apply for the continued recordation.  
 
This regulation has been in force since 24 February 2016. All recordation applications which were submitted before this issue of this Regulation No. 8 / 2016 will be processed on the basis of the provisions of Regulation No. 8 / 2016. (by: Evelyn Irmea Sinisuka)