WORLD TRADE
ORGANIZATIONIP/N/1/IDN/2/Rev.1
25 April 2000
(00-1632)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
INDONESIA
Revision
The following communication, dated 18 April 2000, has been received from the Permanent
Mission on Indonesia.
_______________
With reference to my letter Nº 19/WTO/IV/2000 dated 31 March 2000 regarding the
Indonesian notification of laws and regulations under Article 63.2 of the TRIPS Agreement, I wish toinform you that under instruction of my capital, I would like to make the following corrections to the
notification as submitted on the afore-mentioned date, as follows:
1. Correction to the document IP/N/1/IDN/2 dated 12 April 2000:
(a) The main dedicated laws and regulations listed in Annex I.
(b) Other laws and regulations listed in Annex II.
2. Correction to document IP/N/6/IDN/1 dated 5 April 2000 containing the checklist of
issues on enforcement.
All of these corrections are attached to this letter.  It would be appreciated if you could
distribute these improvements to WTO Members as a revision to the Indonesian notification.
_______________
A revised text of document IP/N/1/IDN/2 as attached to this communication is reproduced
below.
A revised text of document IP/N/6/IDN/1 is reproduced in document IP/N/6/IDN/1/Rev.1.
_______________IP/N/1/IDN/2/Rev.1
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE BRIEF DESCRIPTION
Copyright1
Law Nº 6 of 1982
(Entry into force:  12 April 1982.)This was the first national Copyright Law for the
protection of scientific, literary and artistic
works.
Law Nº 7 of 1987
Amendment to Law Nº 6 of 1982,and Implementing Regulations.
(Entry into force:  9 September 1987.)The amendment contains the following elements:
(a) Increasing the penalty of criminal
provisions and amending the
infringement status from a report-based
crime to a common crime.
(b) Increasing the duration of copyright
protection.
(c) Recognizing provisions on computer
program works and eliminating
paleoanthropology as protected works..
(d) Correlation between State and any
copyright holders in connection with
compulsory licensing.
Law Nº 12 of 1997
Amendment to Law Nº 7 of 1987.
(Entry into force:  9 May 1999.)The amendment contains the following elements:
(a) Protection of works of unknown authors.
(b) Exception of copyright infringement.(c) The right and authority to file a lawsuit.
(d) Rental right.
(e) Neighbouring right.
(f) Licensing.
                                                     
1 See document IP/N/1/IDN/C/1.IP/N/1/IDN/2/Rev.1
Page 3
TITLE BRIEF DESCRIPTION
Patents2
Law Nº 6 of 1989
and Implementing Regulations.
(Entry into force:  1 August 1991.)This was the first national Patents Law for the
protection of inventions, which among others
covers:
(a) patentable inventions;
(b) unpatentable inventions;(c) simple patent;
(d) examination ;
(e) right derived from prior use;
(f) patent consultant;
(g) priority right;(h) licensing patents;
(i) compulsory licence;
(j) Appeal Commission;
(k) criminal sanction.
Law Nº 13 of 1997
on the amendment of Law Nº 6 of 1989.
(Entry into force:  7 May 1997.)The amendment contains the following elements:
(a) Extending the term of protection.(b) Redefining the scope of protection.
(c) Establishing the exclusive right of patent
holders.
(d) Adopting the TRIPS Agreement.
(e) Harmonizing the procedure for
publication.
Trademarks3
Law Nº 19 of 1992
(Entry into force:  1 April 1993.)The first Trademark Law was Law Nº 21 of 1961
which was replaced by Law Nº 19 of 1992.  This
law regulates:
(a) Scope of marks:
- trademark;
- service mark;- collective mark.
(b) Registrable mark, including the
protection of well-known marks.
(c) Priority right.
(d) Licensing of marks.(e) Deletion and annulment of marks.
(f) Appeal Commission.
(g) Investigation and penal sanction and use
of the constitutive system.
(h) Criminal sanctions.
                                                     
2 See document IP/N/1/IDN/P/1.
3 See document IP/N/1/IDN/I/1.IP/N/1/IDN/2/Rev.1
Page 4
TITLE BRIEF DESCRIPTION
Nº 14 of 1997
on the amendment of Law Nº 19 of 1992.
(Entry into force:  7 May 1997.)This law contains the following aspects:
(a) Multi-classes application.
(b) Geographical indication and indication of
origin.IP/N/1/IDN/2/Rev.1
Page 5
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright and related rights
Government Regulation Nº 14 of 1986
on the Copyright Council.The main task of the Copyright Council is to
provide advice to the Government of Indonesia
concerning the development of copyright and to
the author upon request.
Government Regulation Nº 1 of 1989
on translation and/or reproduction of works in thefield of education, sciences, research and
development.This regulation contains provisions with respect
to the implementation of Article 15 of the
Copyright Law known as Compulsory Licence.
Government Regulation Nº 26 of 1999
on tariff of non-taxed State income.As implementation of Law Nº 20 of 1997, it is
deemed necessary to stipulate a government
regulation on tariff of non-taxed State income in
the Department of Justice.
Government Regulation Nº 70 of 1991
on the implementation of Law Nº 4 of 1990 inrespect of the deposit of printed and recordedworks.This regulation contains provisions with respect
to the deposit of printed and recorded works .
Government Regulation Nº 6 of 1994
on the operation of film business.This regulation contains provisions with respect
to the operations of film business, including filmproducing, technical services, exporting, film
importing, censorship, broadcasting and the
distribution of films.
Government Regulation Nº 7 of 1994
on the Film Censorship Agency.This regulation contains provisions with respect
to the organization, working procedure, function,
duties and the authorities of the Film Censorship
Agency.IP/N/1/IDN/2/Rev.1
Page 6
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Government Regulation Nº 8 of 1994
concerning the National Film Consultation
Agency.This regulation contains provisions with respect
to the organization, working procedure, function,duties and the authorities of the National Film
Consultation Agency.
Presidential Decree Nº 18 of 1997
concerning the ratification of the BerneConvention for the protection of literary and
artistic works.
Presidential Decree Nº 19 of 1997
concerning the ratification of the WIPOCopyright Treaty.
Trademarks
Government Regulation Nº 23 of 1993
regarding the procedure of request for markregistration.This regulation prescribes the request procedures
for mark registration.
Government Regulation Nº 24 of 1993
regarding the classification of goods and services
for mark registration.This regulation prescribes the classification of
goods and services.
Government Regulation Nº 32 of 1995
regarding the Mark Appeal Commission.This regulation prescribes the organizational
structure, duties and function of the Mark Appeal
Commission.
Government Regulation Nº 26 of 1999
on tariff of non-taxed State income.As implementation of Law Nº 20 of 1997, it is
deemed necessary to stipulate a government
regulation of tariff on non-taxed State income inthe Department of Justice.
Presidential Decree Nº 17 of 1997
regarding the ratification of the Trademark Law
Treaty.IP/N/1/IDN/2/Rev.1
Page 7
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Geographical indications
---
Industrial Designs The draft of the design product industry law is
currently under deliberation in the House of
Representatives.
Patents (including plant variety protection)
Government Regulation Nº 33 of 1991
concerning special registration for patentconsultant.This regulation governs the procedures for
registration of Patent Consultant.
Government Regulation Nº 34 of 1991
concerning procedures for patent application.This regulation governs the procedures for patent
applications.
Government Regulation Nº 11 of 1993
concerning the form and contents of the patentcertificate.This regulation contains the form and contents of
the patent certificates.
Government Regulation Nº 31 of 1995
concerning the Patent Appeal Commission.This regulation governs the organizational
structure, duties and function of the Patent
Appeal Commission.
Government Regulation Nº 26 of 1999
concerning the tariff on non-taxed State income.As implementation of Law Nº 20 of 1997
concerning tariff on non-taxed State income, it is
deemed necessary to stipulate a government
regulation of tariff on non-taxed State Income by
the Department of Justice.
Presidential Decree Nº 16 of 1997
concerning the ratification of the PatentCooperation Treaty (PCT) and Regulation of the
PCT.IP/N/1/IDN/2/Rev.1
Page 8
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Decree of the Minister of Justice
Nº M.01-HC.02.01 of 1991
on simple patents.This decree regulates the specific provisions
concerning simple patents.
Decree of the Minister of Justice
Nº M.02-HC-02.10 of 1991
on patent publication.This decree regulates the procedure of patent
publication.
Decree of the Minister of Justice
Nº M.06.HC.02.10 of 1991
on the procedure for patent application.This decree regulates the implementation rule for
patent applications.
Decree of the Minister of Justice
Nº M.07-HC.02.10 of 1991
concerning request for substantive examination.This decree regulates the procedure to request for
substantive examination.
Decree of the Minister of Justice
Nº M.08.HC.02.10 of 1991
concerning the recording and request for copies
of patent documents.This decree regulates the procedure to apply for
recording and request for copies of patent
documents.
Plant Varieties Protection Law The draft of the plant varieties protection law iscurrently under deliberation in the House ofRepresentatives.
Layout-designs (topographies) of integratedcircuitsThe draft of the layout-designs of integrated
circuits law is currently under deliberation in theHouse of Representatives.
Protection of undisclosed information The draft of the trade secret law is currently
under deliberation in the House ofRepresentatives.
In the absence of a trade secret law, the existing
regulation relating to the protection of
registration for finished drug products is covered
by the Decree of the Minister of Health
Nº HK.00.06.2.03186 on Detailed Criteria,Completeness of Application and Registration
Procedures for Finished Drug Products.IP/N/1/IDN/2/Rev.1
Page 9
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Prevention of abuse of intellectual property
rights
---
Civil judicial procedures and remedies
Indonesian Civil Code
(Burgerlijk Wetboek)General enforcement provisions for infringement
of intellectual property rights.
Civil Procedure Law
(Het Herziene Indonesisch Reglement)General enforcement provisions for infringement
of intellectual property rights.
Provisional judicial measures
---
Special requirements related to bordermeasures
Customs Law Nº 10 of 1995 The Customs Office has the authority to seize andhold items suspected to be infringing the law with
or without a complaint being filed.  The relevant
sections are Articles 54 to 62.
Criminal Procedures
Indonesian Criminal Procedure Law
in Law Nº 8 of 1981The general enforcement provisions forinfringement of intellectual property rights.
Indonesian Penal Code
(Wetboek van Strafrecht)The general enforcement provisions for
infringement of intellectual property rights.
Any administrative procedures and remedies
not covered above
---IP/N/1/IDN/2/Rev.1
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Others
Presidential Decree Nº 15 of 1997
concerning the ratification of the Paris
Convention for the Protection of IndustrialProperty.
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