Indonesia

IndonesiaCapital: Jakarta
Capital Timezone: GMT + 7
Population: 242,300,000 (est. 2013)
Languages: Bahasa Indonesia (official) & English
Currency: Rupiah (IDR)
Legal System: Civil law system based on the Roman-Dutch model and influenced by customary law

Key Issues

• All litigation and prosecution in Bahasa Indonesia
• Ranked 55th in the world for IP protection in the World Eco¬nomic Forum’s Global Competitiveness Report 2013/2014

Enforcement

• Penal provisions – Deliberate patent infringement is a criminal offence punishable by imprisonment of up to 4 years and/or a fine of five hundred million rupiahs
• Available remedies include injunctions, and if the infringe¬ment was deliberate, damages may be awarded
• It is possible to obtain preliminary injunctions for restraint of continuing infringement
• Alternative dispute resolution is available by arbitration

Prosecution

• National phase entry deadline for PCT applications in Indo¬nesia: 31 months
• Non-patentable subject matter – Methods of treatment of the human or animal body, inventions that may encourage offensive, immoral or anti-social behaviour, scientific / mathematical theories or methods, all living creatures (ex¬cept micro-organisms), and biological processes which are essential in producing plants or animals
• Voluntary divisional applications possible as long as original parent application has not been withdrawn, abandoned or granted

Other Issues

• No post-grant opposition
• An Indonesian patent shall be deemed void if annuity payments are not paid for three consecutive years. Once considered void, it is not possible to restore the patent. Late annuity payments can be made before the three year dead¬line, subject to penalty fees
• Participant in the ASEAN Patent Examination Co-operation (ASPEC)
• Compulsory license – If within 36 months from grant, a patent has not been implemented in Indonesia or only partially implemented by the patent holder, a third party may file a request for a compulsory license

For more information contact us on mail@fak.com.au or +61 7 3011 2200.