INTRODUCTION OF NATIONAL POLICY
CONCERNING PROMOTIONOF INNOVATION AND INTELLECTUAL PROPERTYIN INDONESIA

Japan Institute of Invention & Innovation
February 9, 2017
Miranda Risang Ayu, S.H., LL.M., Ph.D.
Universitas Padjadjaran, Bandung, Indonesia

Conventional Intellectual Property
in the Indonesian Legal System
Law Number 7 Year 1994 about the Ratification of WTO-TRIPS Agreement 1994
 President’s Decree Number 15 Year 1997 about the Amendment of President’s

Decree Number 24 Year 1979 concerning the Ratification for Paris Convention
1883 on the Protection of Industrial Property Rights, as amended President’s Decree Number 18 Year 1997 about the Ratification of Berne
Convention 1886 for the Protection of Literary and Artistic Works President’s Decree Number 74 Year 2004 about the Ratification of WIPO
Peformances and Phonograms Treaty 1996
 President’s Regulation Number 78 Year 2007 about the Ratification of theUNESCO Convention for the Safeguarding of the Intangible Cultural Heritage
2003
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Intellectual Property Laws
in the Indonesian Legal System
 Law Number 28 Year 2014 about Copyright Law Number 13 Year 2016 about Patent Law Number 20 Year 2016 about Trademarks and GeographicalIndications

 Law Number 29 Year 2000 about Plant Variety Protection

 Law Number 30 Year 2000 about Trade Secret Law Number 31 Year 2000 about Industrial Design Law Number 32 Year 2000 about Integrated Circuit Layout

3Intellectual Property and Innovation-Related Laws
in the Indonesian Legal System
 Law Number 18 Year 2002 about the National System of Research,

Development and Implementation of Science and Technology

 Law Number 3 Year 2014 about Industry
 Government Regulation Number 20 Year 2005 about Technology Transfer

associated with Intellectual Property and the Results of Research andDevelopment (R&D) by Higher Education and Institutes of Research andDevelopment (R&D)

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Intellectual Property and Innovation-Related Institutionsin the Indonesian Legal System
 Presidential Decree Number 47 Year 1991 about the establishment of the Agencyfor Assessment and Application of Technology (Badan Pengkajian dan Penerapan
Teknologi/BPPT) Presidential Decree Number 1 Year 1994 about the establishment of the National

Research Council (Dewan Riset Nasional/DRN)
 Presidential Decree Number 1 Year 1986 about the establishment of theIndonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia/LIPI)
 Presidential Decree Number 6 Year 2015 about the Creative Economy Agency as

the transformation of Presidential Instruction Number 6 Year 2009 about theDevelopment of Creative Economy (Badan Ekonomi Kreatif/Bekraf)
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Indonesian Legal System on Genetic Resources, Traditional
Knowledge and Traditional Cultural Expressions
Indonesian legal system on genetic resources, traditional knowledge andtraditional cultural expressions outside the conventional Intellectual Propertysystem: Law Number 5 Year 1994 about the ratification of the United Nations

Convention on Biological Diversity
 Law Number 21 Year 2004 about the ratification of the Cartagena Protocol onBiosafety to the Convention on Biological Diversity
 Law Number 11 Year 2013 about the ratification of the Nagoya Protocol inAccess to Genetic Resources and the Fair and Equitale Sharing of Benefits
arising from Their Utilization to the Convention on Biological Diversity

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Indonesian Legal System on Genetic Resources, Traditional
Knowledge and Traditional Cultural Expressions
Indonesian legal system on genetic resources, traditional knowledge andtraditional cultural expressions outside the conventional Intellectual Propertysystem: Law Number 32 Year 2009 about the Protection and Mangement of theEnvironment

 Law Number 4 Year 2006 about the ratification of the International Treaty on

Genetic Resources for Foods and Agriculture

7 More Articles devoted to related rights;

Copyright Law

28 Year 2014

 Includes Articles about a Collective

Management Organization;
 A new form of upper body for collecting,handling and distributing royalties,
especially for song and music industries,
i.e. the afore-mentioned ‘National
Collective Management Organization’; The possibility of copyrights to be used

as collateral to obtain credit from banks;
 Limitation of the duration of ‘sale as is’or ‘outright sale’ of a copyrighted work:
after 25 years the copyright of a work isdeemed to revert to the author; The change of the nature of delicts orcrimes from ‘normal crime’ (a normaloffence) into ‘crime by complaint’ or‘crime by accusation’ (a complaintoffence); Alternative dispute resolution

procedures (by mediation orarbitration) to be first conducted, prior
to court proceedings;

 Stronger criminal penalties;
 The inclusion of communal intellectual

property, especially traditional culturalexpressions, as receiving their own new‘sui generis’ protection
8 More details about the scope of patent protection;

 Shorter substantive examination procedures and administrativeprocedures; Disclosure of inventions in academic forums no longer promptly

considered to signify loss of novelty;
 When the certificate is granted, protection of patent is deemed to revert

retroactively to the date the complete administrative requirements havebeen accepted by the Directorate General of Intellectual Property;
 Compulsory disclosure of origins for inventions which are based on

genetic resources and/or traditional knowledge;
 More Articles devoted to simple patent; simple patent to be used toprotect technological know-how;PatentLaw
13 Year 2016

 Moral rights for the inventor
9 More articles devoted to geographical indications
 Indication of source is regulated differently fromgeographical indication as it is no longer a type of
unregistered geographical indication, but a declaratory
and independent one, not directly associated withnatural factor/s, by labelling certain product with itstrue geographical and/or producers’ origin; Faster way to conduct examination;
 Availability of online registration system.

Law onTrademarks &GeographicalIndications
20 Year 201610

Challenges
1.

Transforming national dependency from natural resources to humanresources, and most importantly, to intellectual and culturalresources2.

IP mainstreaming in supra-structure, middle-structure and infra
structure

3.

Systemic coordination among IP-related ministries and otherinstitutions

4.

IP focal points for ‘bottom-up’:

regulation systembusiness incubator systemeffective enforcement system
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Challenges
5.

IP commercialization strategies in educational and researchinstitutions;

6.

IP commodifications strategy for small and medium industries,including empowerment of small and medium industries to become IPfriendly and IP-oriented industries;

7.

Valuation system of IP systems (copyrights, patents and trademarks) for
business sectors;

12Challenges
8.

IP for strategic cultural resources and community-based products;

9.

Comprehensive databases for IP registrations, including for theestablishment of a defensive protection for genetic resources, traditional
knowledge, traditional cultural expressions and intangible cultural heritageof mankind;

10.

Affirmative IP programs for people with physical and mental disabilities
and indigenous and local communities;

11.

Environmental friendly IP products;

13Challenges
12.

Empowering creative critical mass;

13.

Creative programs in formal and informal education;

14.

Alternative education systems to enhance critical and creative thinking;15.

Reforming public domain for public creativity;

16.

Start-up management programs in provincial and local areas;

17.

Integrated national mapping on IP friendly areas to become: sillicon valley areas, free counterfeit products areas,
 geographical indication areas,
 traditional customary rights areas (ulayat areas).
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