Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, trademarks, industrial designs, copyrights, trade secrets, etc, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Ensuring that your intellectual property is protected means that you have exclusive rights to make, sell, or use what you have created. For example, by patenting an invention you ensure that competitors are not able to copy its design and profit from your hard work. When you register a trademark, you ensure that a particular sign or symbol becomes associated with your brand. Failing to manage these things could lead to you missing valuable opportunities for enhancing your brand.

Yes, Directorate General of Intellectual Property (DGIP) is the federal government agency responsible for administering intellectual property laws. DGIP handles applications and registrations for patents, trademarks, industrial designs and provides advice and assistance regarding intellectual property.

The three main areas of intellectual property law, patents, copyright, and trademarks, are all protected by federal legislation. This ensures that intellectual property rights and obligations are largely uniform throughout Indonesia.

Some forms of intellectual property protection require registration in order for them to be enforced. For example, a patent application must be lodged with IP Australia. Trademarks also require registration, again through IP Australia. Copyright protection on the other hand is free and automatic, with no requirements for registration or application.

Although intellectual property laws grant you exclusive rights to the commercialisation of your creation, you do not need to handle this commercialisation on your own. You are able to license other companies or entities to commercialise your product for you, in a way which suits your interests. For example, an author may license a publisher to print a book. The same goes with trademarks and patents; they can be licensed and sold at the discretion of the owner.

If you have concerns about your intellectual property rights you should consult a lawyer as soon as possible. Damage caused by intellectual property breaches often becomes harder to reverse the longer the problem is left unchecked. Examples of breaches might be if someone else has been manufacturing a product that you have patented without a licence, or someone has made your music available for free download online. An intellectual property lawyer will be able to examine your circumstances and advise you on how best to protect your intellectual property interests.

Patent is an exclusive right granted to the inventors by the State as the result of his/her invention in the field of technology for a definite period of time to exclusively implement his/her given invention or to give consent to other party.

Invention is an idea of an inventor embodied into a specific problem solving activity in the field of technology in the form of product or process, or refining and developing product or process.

Inventor is the person or persons collectively executing an idea in an activity to produce an Invention.

Patent Holder is the Inventor as the owner of Patent, recipient of such right from the owner of Patent or a subsequent recipient of Patent from the person mentioned above who is registered in the general register of Patents.

Patent or Standard Patent is granted for a new invention, involving inventive steps, and susceptible to industrial application.

Simple Patent (in some countries known as Utility Model) is granted for a new invention, an improvement from existing product or process, and susceptible to industrial application.

The Patent Holder has the exclusive rights to implement the patents owned and to prohibit the other party which without his consent:

1. in case of a product-Patent: making, using, selling, importing, renting, handing over, or provide for sale or rented or handed over the products that is granted a Patent;
2. in case of a process-Patent: using the production process that is granted a Patent for making goods or other actions as intended in letter a.

Prohibition to use the patented production processes only applies to importing product merely produced from using the process which is granted a Patent protection.

In case for education purposes, research, experiment, or analysis, prohibition as intended can be excluded as long as does not harm reasonable interests of the Patent Holder and not commercial in nature.

For 20 (twenty) years since receiving date for Standard Patent, for 10 (ten) years since receiving date for Simple Patent (Utility Model), and cannot be extended.

The Inventor or person who receives further concerned Inventor’s rights.

1. implements the patent in Indonesia;
2. pays the annual fees (patent maintenance fees).

Is the party who implements the invention at the time the same invention application is submitted.

To be recognized as a prior user, the party who implements the patent must submit an application to the Minister, with fulfilling the requirements and paying the fees.

No, if the party who implements the invention as prior user use the knowledge about said invention based on the description, image, example, or claim of the invention for which a patent is applied.

At the expiration of the patent on said invention.

Owned rights only for implementing the invention, cannot be assigned to other party, except for inheritance, and not entitled to prohibit others from implementing the invention.

Mark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in the (two) dimensional and/or 3 (three) dimensional forms, sound, hologram, or combination of 2 (two) or more elements to differentiate goods and/or services produced by the person or legal entity in trading goods and/or services activity.

A Trademark is a Mark which is used on goods traded by person or several persons altogether or legal entity to differentiate with other kind of goods.

A Service Mark is a Mark which is used on services traded by person or several persons together or legal entity to differentiate with other kind of services.

1. Evidence for rightful owner for registered Mark;
2. Basis for rejection against the same mark in entirety or the same in essential part which is applied for registration by other person for the same kind of goods/services;
3. Basis for prevent other person from using the same Mark in entirety or in essential part in the market circulation for the same kind goods/services.

1. Contradictory to the government ideology, legislation, morality, religion, morality, or public order;
2. Same as, related with, or only mention goods and/or services applied for registration;
3. Contain the elements that can mislead the public about the origin, quality, type, size, kind, usage purposes of the goods and/or services applied for registration or denote the name of a protected plant varieties for the same kind of goods and/or services;
4. Contain the information that is not in accordance with quality, benefit, or efficacy of goods and/or services produced;
5. Don't have differentiating power; and/or
6. Represents generic name and/or publicly owned symbol.

Geographical Indications is a sign that showing place of origin of goods and/or product which due to geographical environment factor including natural factor, human factor or combination of both factors give reputation, quality, and certain characteristics on goods and/or products produced.

The rights on Geographical Indications are the exclusive rights granted by the government to the registered Geographical Indications right holder, as long as reputation, quality, and characteristics that become the basis of granted protection on Geographical Indications is still exist.

The Geographical Indications user is the party who gets permission from the right holder on a registered Geographical Indications to process and/or to market Geographical Indications goods and/or products.

The Geographical Indications document is a document containing information, including reputation, quality, and characteristics of goods and/or products related to geographical factor of goods and/or products which the Geographical Indications is applied.

The Geographical Indications is protected after the Geographical Indications is registered by the Minister. To obtain protection as referred to, the Geographical Indications applicant must submit an Application to the Minister.

The Applicant of Geographical Indications is:
a. institution that represents communities in certain geographical areas who exploits a good and/or product in the form of:
     1. natural resource;
     2. handicraft goods; or
     3. industrial output;
b. provincial regional government or district/city.

Geographical Indications Application cannot be registered if:
a. contradictory to government ideology, legislation, morality, religion, morality, and public order;
b. mislead or deceive the public regarding reputation, quality, characteristics, source origin, manufacturing process of goods, and/or its usage; and
c. denotes a name that has been used as plants varieties and is used for similar plant varieties, except there are additional equivalent words that indicate similar geographical indications factor.

Geographical Indications is protected as long as maintained the reputation, quality, and characteristics that become the basis of granting the Geographical Indication protection on a good.

Geographical Indications can be deleted if:
a. non-fulfillment of provisions; and/or
b. violates the provisions.

Industrial Design is a creation about form, configuration, or line composition of color, or line and color, or combined form of them that is shaped in three dimensions or two dimensions that provide an impression aesthetic and can be realized in three dimensions or two dimensions pattern as well as can be used to produce a product, good, industrial commodity, or handicraft.

The rightful one to obtain an industrial design right is the designer or the recipient of right from the designer. In case the designer consists of several people together, industrial design rights is awarded to them together, except if agreed otherwise.

The priority right is the applicant right for submitting the application originating from the member countries in Paris Convention to gain recognition that the filing date submitted to the destination country, which is also a member of Paris Convention or formation agreement of World Trade Organization, has the same date with the filing date submitted in the originating country during the time period that has been determined based on Paris Convention.

The application using the right priority must be submitted within a maximum of 6 months since the filing date of the application filed at the first time received in another country which is a member of Paris Convention or a member of World Trade Organization Formation Agreement. The Application with priority right must be equipped with priority documents authorized by the administering office of industrial design registration accompanied with the translation in Indonesian within a maximum of 3 months counted after the end period time of application submission with priority right. If said requirements are not met, said application considered to be submitted without using the priority right.

The industrial design license is a permission granted by the industrial design holder right to the other party through an agreement based on giving rights (not assignment) to enjoy economic benefits of an industrial design which is given the protection within certain period of time and certain requirements.

The Copyright is the creator's exclusive right, which automatically arises based on the declarative principle after creation is realized in real form without reducing the restrictions in accordance with provisions of the legislation.

The Related Right is the rights relating to Copyright, which is the exclusive right for show performers, phonogram producers, or broadcasting institutions.

1. The Copyright Protection of a Creation: a. books, pamphlets, and all other written works; b. keynotes, lectures, speeches, and other kind of Creations; c. props made for educational and scientific purposes; d. song or music with or without text; e. drama, musical drama, dance, choreography, puppetry, and pantomime; f. fine art works in all forms such as paintings, drawings, carvings, calligraphy, chisel arts, sculpture, or collage; g. architecture works; h. map; and i. batik art works or other motif arts, valid during the Creator’s life and continue for 70 (seventy) years after the Creator dies, counting since January 1 of the following year.
2. The Copyright Protection of a Creation: a. photograph works; b. portraits; c. cinematography works; d. video games; e. computer programs; f. written work layouts; g. translations, interpretations, adaptations, potpourris, databases, adaptations, arrangements, modifications and other works of transformation result; h. translations, adaptations, arrangements, transformations or modifications of traditional culture expressions; i. compilation of Creation or data, either in any format possible to be read with a computer program or other media; and j. compilation of traditional culture expression as long as said compilation is the original work, valid for 50 (fifty) years since the first time the Announcement was made.
3. The Copyright Protection of a Creation is in the form of applied art works valid for 25 (twenty five) years since the first time the Announcement was made.
4. The economic right protection for:
   1. The Show Performer, valid for 50 (fifty) years since the show is fixed in Phonogram or audiovisual;
   2. The Phonogram Producer, valid for 50 (fifty) years since the phonogram is fixed; and
   3. The Broadcasting Institutions, valid for 20 (twenty) years since the broadcast works broadcasted at the first time.
   

- The Applicant can change the creation type as long as the copyright application still in the verification process and based on verifier suggestions/recommendations, and during create type that will be changed is still in the same rates/fees with previous creation type. If the rates/fees of the creation type are different, then must be submitted as new application.
- The Applicant cannot change the creation type if the creation application has been approved.
- No. If the examples/creation works not in accordance with the change of creation type application submitted.

The Creator’s name addition can be done if the Applicant can prove that said name is written on the authentic evidence/attachments of his creation.

The copyright holder’s name list addition can be done with Post Application Assignment Recording of Creation and/or Related Rights Products recorded in the General Register of Creations.

A trade secret shall mean information in the field of technology and/or business that is not known by the public and has economic values as it is useful in business activities, and the confidentiality of which is maintained by its owner.

The scope of protection on Trade Secret shall include methods of production, methods of processing (preparation), methods of selling, or other information in the field of technology and/or business that has economic values and is not known by the public in general.

Trade secrets can be protected legally through the use of trade secret laws. These laws generally provide for civil and criminal remedies against any party that misappropriates or discloses a trade secret without authorisation. Companies can protect their trade secrets by ensuring that employees know which information/data is considered to be confidential (e.g. customer lists, manufacturing techniques, etc.) and/or taking physical precautions such as using password-protected databases or locked filing cabinets. Additionally, if discussions with an outside party are going to involve any confidential information, then that can be legally protected by using a non-disclosure agreement.

Trade secrets can be protected indefinitely if they remain confidential and the company takes reasonable steps to maintain their secrecy.

The penalties for misappropriating a trade secret can vary depending on the jurisdiction. Still, they may include civil penalties such as damages or injunctions or criminal penalties such as fines and imprisonment.

Yes, trade secrets can be licensed to another party, allowing the licensee to use the information in exchange for a fee or other consideration. Licensing is an essential way of protecting and monetising trade secrets. It also allows companies to benefit from shared resources and expertise.

The best way to protect trade secrets is to keep them confidential by taking physical precautions such as using password-protected databases or locking filing cabinets, and also legally protecting them by using a non-disclosure agreement. Additionally, it is vital to monitor who has access to the information and to ensure that anyone with access is aware of their obligations not to disclose the secret. Finally, it is essential to keep records of when and how the trade secret was acquired, as this could be used in any legal proceedings regarding its misuse.

A trade secret is information which is kept confidential and has economic value. At the same time, a patent protects an invention which is published as part of its examination and granting procedure. Patents provide protection for inventions by giving the inventor the right to prevent others from using them for a certain period of time. Trade secrets do not grant any exclusive rights but rather rely on keeping the secret in order to maintain its value.

Yes, under certain circumstances. If the trade secret meets the criteria for patentability—namely that it is novel, useful and non-obvious—then it can be patented. However, once a trade secret has been made public through the patent application process, it then loses its status as a trade secret and cannot be protected as such.

Once a trade secret is no longer secret, it loses its value and can no longer be legally protected as such. At this point, the best course of action is to seek patent protection if possible (although that could be difficult in countries that don’t have a grace period within which a patent application can still be filed after the invention has been made public) or to otherwise find ways to maintain the economic value of the information. This could include finding other potential uses for it or marketing the information as a product or service.

The main benefit of trade secret protection is that it can provide indefinite protection for valuable information without having to go through the expensive and time-consuming process of obtaining a patent. Additionally, trade secrets can be licensed to other parties for a fee or other consideration, which can be an important source of revenue for the company. Finally, trade secret protection allows companies to keep their competitive edge by preventing others from gaining access to valuable information.

If you believe your trade secret has been misappropriated, it is important to take immediate action. The first step should be to contact an attorney or solicitor who specialises in trade secret law. They will be able to advise you on the best course of action and help you protect your rights. Additionally, you may wish to consider filing a lawsuit against any party that has misused or disclosed your trade secret without authorisation.

The main risk of trade secret protection is that it relies on keeping the information confidential and taking reasonable measures to maintain its secrecy. If these steps are not taken, or if the information is made public, then it can no longer be legally protected as a trade secret. Additionally, if a party succeeds in reverse engineering your trade secret, then they may be able to avoid liability for misappropriation.