WORLD TRADE
ORGANIZATIONIP/N/1/IDN/2
12 April 2000
(00-1468)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
INDONESIA
By means of a communication from its Permanent Mission, dated 31 March 2000, the
following notification has been received from Indonesia under Article 63.2 of the Agreement.
_______________
In accordance with Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) Indonesia hereby notifies to the Council, the laws and regulations relating to
the fields covered by the Agreement, as follows:
- The main dedicated laws and regulations are listed in Annex I.
- Other laws and regulations are listed in Annex II.- Responses to the Checklist of Issues on Enforcement Issues.
1
                                                     
1 See document IP/N/6/IDN/1.IP/N/1/IDN/2
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE BRIEF DESCRIPTION
Copyright2
Copyright 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.
Copyright Law Nº 7 of 1987
Amendment to Law Nº 6 of 1982,and Implementing Regulations.
(Entry into force:  September 1987.)The amendment to the Copyright Law of 1982
consists of 5 sections:
(a) Increasing the penalty of the criminal
provision.  This has been changed from
"a crime conduct by report" to "a plain
crime".
(b) Increasing the duration of copyright
protection.
(c) Recognizing computer programs as
protected works.  Not being considered
as a human creation, the Law excludes
paleoanthropology from protected works.
(d) Scope of the Copyright Law.(e) Correlation between the State and any
copyright holders which regulates the
expropriation of copyright from its holder
and also a mechanism for the procedure
of compulsory licensing.
Copyright Law Nº 12 of 1997
Amendment to Law Nº 6 of 1982,as amended by Law Nº 7 of 1987.
(Entry into force:  9 May 1999.)The amendment of the Copyright Law of 1987
contains the following elements:
(a) Protection of works of unknown authors.(b) Exception of infringement of copyright
(Restriction of Right).
(c) The right and authority to claim a
lawsuit.
(d) Rental right.(e) Neighbouring right.
(f) Licensing.
                                                     
2 See document IP/N/1/IDN/C/1.IP/N/1/IDN/2
Page 3
TITLE BRIEF DESCRIPTION
Patents3
Patent Law Nº 6 of 1989
and Implementing Regulations.
(Entry into force:  1 August 1991.)This law contains:
(a) Scope of Patents:
- patentable inventions;
- unpatentable inventions;
- simple patent;- examination;
- right derived from prior use;
-e t c .
(b) It also regulates:
- patent consultant;- priority right;
- examination;
- licensing patents;
- compulsory licence;
- Appeal Commission.
Patent Law Nº 13 of 1997
on the amendment of Law Nº 6 of 1989.This law has enlarged elements related to TRIPS
by adding:
(a) term of protection;
(b) scope of protection, right of holder;
(c) burden of proof.
Trademarks4
Trademark Law Nº 19 of 1992
(Entry into force:  April 1993.)This law regulates:
(a) Registrable and non-registrable
trademark:- the mark should not be in
contradiction with good marks
and public property;
- mark without enough distinctive
character;
- constitutive and information
relating to the goods or services
applied for the registration.
(b) Well-known marks:
- priority right;- licensing of marks;
- deletion and annulment of marks;
- Appeal Commission;
- Investigation and penal sanction
and use of the constitutive
system;
- fine/imprisonment.
                                                     
3 See document IP/N/1/IDN/P/1.
4 See document IP/N/1/IDN/I/1.IP/N/1/IDN/2
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TITLE BRIEF DESCRIPTION
Trademark Law Nº 14 of 1997
on the amendment of Law Nº 19 of 1992.This law contains the following aspects:
(a) multi-classes application;
(b) geographical indication and indication of
origin.IP/N/1/IDN/2
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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.  This advice is provided upon requestfrom the Government or the author.
Government Regulation Nº 1 of 1989
on translation and/or reproduction of works in the
field 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-tax State income for the
Department of Justice of the Republic ofIndonesia.This regulation contains provisions with respect
to the application fees of intellectual property
rights, including copyright.
Government Regulation Nº 70 of 1991
on the implementation of Law Nº 4 of 1990 ongranting the printing and recording of works.This regulation contains provisions with respect
to granting the printing and recording of worksfor public purpose.
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,
importing, censorship, broadcasting and its
distribution.
Government Regulation Nº 7 of 1994
on the film censorship agency.This regulation contains provisions with respect
to the organization, work procedure, function,
duty and the authority of the film censorship
agency.IP/N/1/IDN/2
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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, work procedure, function,duty and the authority of the national film
consultation agency.
Presidential Decree Nº 13 of 1983
concerning supervising video recording activities.This Decree contains provisions with respect to
the authority of the Minister of Information to
supervise video recording activities including
importing, exporting, producing, distributing,broadcasting and licensing.
Presidential Decree Nº 18 of 1997
concerning the ratification of the Berne
Convention for the protection of literary and
artistic work.Indonesia has adopted the Berne Convention by
Presidential Decree Nº 18 of 1997.
Presidential Decree Nº 19 of 1997
concerning the ratification of the WIPOCopyright Treaty.Indonesia has adopted the WIPO Copyright
Treaty by Presidential Decree Nº 19 of 1997.
Minister of Information Decree
Nº 197/KEP/MENPEN/1983
on video recording companiesThe Decree regulates the activities of video
recording companies.
Minister of Information Decree
Nº 198/KEP/MENPEN/1983
on the activity of licensing inside and outside
Indonesia.The Decree regulates licensing procedures for the
production of Indonesian video recordings.  It is
also applicable to licensing this productionabroad.
Minister of Information Decree
Nº 199/KEP/MENPEN/1983
on joint video recording production between
Indonesian and foreign companies.The Decree regulates the mechanism of joint
video recording production between Indonesianand foreign companies.
Minister of Information Decree
Nº 200/KEP/MENPEN/1983
on requirements for importing video recordings.The Decree regulates requirements for importing
video recordings.IP/N/1/IDN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Minister of Information Decree
Nº 201/KEP/MENPEN/1983
on the reproduction of video recordings.The Decree regulates requirements for the
reproduction of video recordings and limitationas stipulated in the Copyright Law.
Minister of Information Decree
Nº 202/KEP/MENPEN/1983
on the video recording distribution system.The Decree regulates the mechanism for the
video recording distribution system.
Minister of Information Decree
Nº 203/KEP/MENPEN/1983
on broadcasting and performing video recordings.The Decree regulates the requirements for
broadcasting and performing video recordings.
Trademarks
Government Regulation Nº 23 of 1993
regarding the application procedure for mark
registration.This regulation prescribes the implementation of
the Trademark Law Nº 19 of 1992 (published in
the State Gazette Nº 81 on the application
procedure for mark registration).
Government Regulation Nº 24 of 1993
regarding the classification of goods and servicesfor mark registration.This regulation prescribes the implementation of
Article 8 of Trademark Law Nº 19 of 1992 on the
classification of goods or services for mark
registration.
Government Regulation Nº 32 of 1995
regarding the Trademark Appeal Commission.This regulation prescribes the implementation of
Article 33 of the Trademark Law and the
procedure to appeal to the Trademark AppealCommission.
Presidential Decree Nº 17 of 1997
regarding the ratification of the Patent LawTreaty.Indonesia has adopted the Trademark Law Treaty
and accommodated all of its principles inTrademark Law Nº 14 of 1997.
Geographical indications
-IP/N/1/IDN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Industrial Designs The draft of the design products industry law is
currently under deliberation in the House ofRepresentatives.
Patents (including plant variety protection)
Government Regulation Nº 33 of 1991
concerning special registration for patentconsultants.This regulation governs the implementation of
Patent Law Nº 6 of 1989 in order to provide a
legal  basis for carrying out patent consultantservices.
Government Regulation Nº 34 of 1991
concerning the procedure for patent applications.This regulation governs the implementation of
Patent Law Nº 6 of 1989 concerning the
procedure 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 certificate.
Government Regulation Nº 31 of 1995
concerning the Patent Appeal Commission.This regulation governs the implementation of
Article 68 of the Patent Law concerning the
organizational structure and work procedure of
the Patent Appeal Commission.
Government Regulation Nº 26 of 1999
concerning the tariff on non-tax State income.This regulation governs the implementation of
Law Nº 20 of 1997 concerning tariff on non-tax
State income.  It is deemed necessary to stipulatea government regulation of tariff on non-tax State
income by the Department of Justice.
Presidential Decree Nº 15 of 1997
concerning the ratifications of the ParisConvention for the Protection of Industrial
Property and the Convention Establishing the
World Intellectual Property Organization.Indonesia has adopted the Paris Convention by
Presidential Decree Nº 15 of 1997.  With regard
to the patent sections in the Convention,
Indonesia has accommodated them in Patent Law
Nº 13 of 1997.IP/N/1/IDN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Presidential Decree Nº 16 of 1997
concerning the ratification of the Patent
Cooperation Treaty (PCT) and Regulation of the
PCT.Indonesia has adopted the Patent Cooperation
Treaty (PCT) by Presidential Decree Nº 16 of1997.  In this regard, Indonesia has made
reservations to Article 59 of the PCT.
Plant Varieties Protection Law The draft of the plant varieties protection law is
currently under deliberation in the House of
Representatives.
Layout-designs (topographies) of integrated
circuitsThe draft of the layout-designs of integrated
circuits law is currently under deliberation in the
House of Representatives.
Protection of undisclosed information The draft of the trade secret law is currently
under deliberation in the House of
Representatives.
In the absence of a trade secret law, the existing
regulation relating to the protection ofregistration 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.
Prevention of abuse of intellectual property
rights
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Civil judicial procedures and remedies
Section 1365 of the Indonesian Code of Civil
ProcedureGeneral enforcement provisions for infringementof intellectual property rights.
Provisional judicial measures
-IP/N/1/IDN/2
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TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Special requirements related to border
measures
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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 Code of Law Nº 8
of 1981, section 382 bisThe general enforcement provisions for
infringement of intellectual property rights.
Any administrative procedures and remedies
not covered above
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