Marks shall mean a sign shown graphically in the form of a picture, logo, name, wording, letter, number, compositions of colors, in 2 (two) dimensional form and/or 3 (three dimensional form, voice, hologram, or combination from 2 (two) or more of such elements in order to distinguish products and/or services produced by an individual or legal entity in the trading of goods and/or services activities.
As stated in Article 1 Point 1 of Indonesian Law No.13 of 2016 on Patent, Patent is an exclusive right granted by the State to an inventor for his invention in the field of technology, for a certain period, to exploit his invention or to authorize another party to exploit it.
According to Article 1 Point 1 of Indonesian Law No. 28 year 2014 on Copyright, Copyright is an exclusive right of Creator which arises automatically based on the declarative principle after a creation is embodied in tangible form without reducing the restriction in accordance with the Law.
Copyright does not need to be recorded in Indonesia. Since copyright will be raised and protected automatically based on the declarative principle after creation is embodied in a tangible form.
However, Copyright Recordation is recommended for the following purposes:
- In the event of copyright infringement, the Copyright Recordation letter will be strong evidence to prove that the infringed work belongs to the creator.
- If a creator wishes to license a copyright, they would need a Copyright Recordation letter to prove the ownership of the creation. Moreover, the copyright license must be registered with the Directorate General of Intellectual Property Indonesia.
- The Copyright Recordation letter is also required if the creator wishes to record their copyright at Indonesian Customs.
Copyright is recommended to be recorded for the following purposes:
- In the event of copyright infringement, the Copyright Recordation letter will be strong evidence to prove that the infringed work belongs to the creator.
- If a creator wishes to license a copyright, they would need a Copyright Recordation letter to prove the ownership of the creation. Moreover, the copyright license must be registered with the Directorate General of Intellectual Property Indonesia.
- The Copyright Recordation letter is required if the creator wishes to record their copyright at Indonesian Customs.
Under Copyright Law No. 28 of 2014, Copyright Recordation can be filed through an online filing system called E-HakCipta. The recordation can be processed within a day, except for particular works such as artworks, audiovisual works, drama, choreography works, and record works.
Yes, copyright works can be transferred to another party according to Article 16 Paragraph (2) of Copyright Law No. 28 of 2014, which asserts that, A Copyright may be transferred, either in whole or in part, by:
- Inheritance
- Grant
- Waqf (endowment)
- Testament
- Written agreement
- Other justifiable reasons under the provisions of laws and regulations.
Based on Article 1 Point 1 of Indonesian Law No. 31 of 2000 on Industrial Design, Industrial Design means the creation of the shape, configuration, or the composition of lines or colors, or lines and colors, or the combination thereof in a three or two dimensional form 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.