A trademark, trade mark, or trade-mark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. Under the Indonesian Trademark Law, a mark means a sign in the form of a picture, name, word, letters, figures, composition of colors, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services. Trademark shall mean a mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind. While, Service Mark shall mean a mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kind. The right of a mark provides a monopoly to the owner of the mark to use the mark or to grant permission to another party to use it. Well-known marks are protected by refusing the application of a mark which is similar in its essential part or in its entirety with a well-known mark by an illegitimate owner. Type of Applications Trade mark application, and Service mark application. Term of Protection The term of protection for a registered mark is 10 years as of the filing date. The term can be extended for the same duration within a period of not more than 12 months before the expiry of the protection period.
A patent is a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, and may be a product or a process. Patents are a form of intellectual property. Under the Indonesian Patent Law, patent means an exclusive right granted by the State to an Inventor for his/her invention in the field of technology, for a certain period, to exploit his/her invention or to authorize another person to exploit it. Invention shall mean an Inventor’s idea that is poured in any activity of solving a specific problem in the field of technology, either in the form of a product or process, or an improvement and development of a product or a process. Patent Holder shall mean an Inventor as the owner of Patent or a 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. Inventor shall mean a person or several persons acting together implementing an idea poured in an activity resulting in an Invention. Type of Applications Patent application Simple patent application PCT application Patent Duration 20 years for inventions filed as patent applications from the filing date 10 years for inventions filed as simple patent applications from the filing date
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. Generally, it is "the right to copy", but also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. Under the Law, copyright shall mean an exclusive right for an Author or the recipient of the right to publish or reproduce his Work or to grant permission for said purposes, without decreasing the limits according to the prevailing laws and regulations. Term of Validation The Copyright on: a. books, pamphlets, and all other written works; b. dramas, musical dramas, dances, choreographic works; c. all forms of arts, such as paintings, engravings, sculptures; d. batik arts; e. songs or music with or without lyrics; f. architecture; g. sermons, lecturers, addresses and other works of utterance; h. visual aids for educational and scientific purposes; i. maps; j. translations, interpretations, adaptations, anthologies shall be valid for the life of the Author and 50 (fifty) years after his death. When a Work as referred to above is jointly owned by 2 (two) persons or more, the Copyright shall be valid for the life of the longest surviving Author and shall continue until 50 (fifty) years after the death of the said longest surviving Author. The Copyright on: a. computer programs; b. cinematographic works; c. photographic works; d. data-bases; and e. works resulting from adaptations shall be valid for 50 (fifty) years as of the first publication. The Copyright on typographical arrangement of a published work shall be valid for 50 (fifty) years as of the first publication of the Work.
Industrial Design is the use of both applied art and applied science to improve the aesthetics, ergonomics, functionality, and/or usability of a product, and it may also be used to improve the product's marketability and even production. The role of an industrial designer is to create and execute design solutions for problems of form, usability, physical ergonomics, marketing, brand development, and sales. Under the Industrial Design Law, an industrial design means a creation on the shape, configuration, or the composition of lines or colors, or lines and colors, or the combination thereof in a three or two dimensional from which gives aesthetic appearances and can be realized in a three or two dimensional pattern and used to produce a product, good or an industrial commodity and handy craft. The philosophy behind the industrial design system in Indonesia is to create a conductive climate for the creations and innovations of the people in the field of industrial designs as a part of the intellectual property rights system Designs that are contrary to the prevailing laws and regulations, public order, religion, or morality cannot be registered in Indonesia. An industrial design application coming from the any country which is the member of the Paris Convention may claim the priority rights within 6 months from the first filing date. Term of Protection Term of protection for a registered industrial design in Indonesia is 10 years as from the filing date.