In Indonesia, as in many other countries, IP agreements must be registered in order to be fully effective. Until now, registration has not been possible in the absence of registration guidelines or regulations. This situation has at last been rectified: the long-awaited regulations were issued late last month.
On 24 February 2016, the Ministry of Law and Human Rights issued Ministerial Decree No. 8 of 2016 concerning the Requirement and Procedure of Intellectual Property Licence Recordal, which serves as an implementing regulation for the recordal of IP licences.
The Decree provides that recordal applications must be accompanied by:
However it should be noted that although the Decree states that applications can be filed either electronically or non-electronically, electronic filing is not currently available to the public.
Once filed, every application for IP licence recordal will be examined. If there are formality issues, the applicant will be notified and given 10 days within which to comply, failing which the application will be deemed withdrawn. If all requirements have been completed, the licence agreement will be recorded and published.
The recordal will be valid for five years; thereafter, subsequent re-applications can be made.
For trade mark owners, one of the main benefits of recordal will be the ability to rely on a licensee’s use in the event of a revocation action based on alleged non-use.
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