On 28 July 2016, Indonesia has a new Patent Law when the House of Representative approved and passed the bill replacing Law No. 14 of 2001 concerning Patent. The new Patent Law aims to increase protection for inventors and patent holders, so that the public will be motivated and encouraged to create or improve their work in quantity and quality.
Please note that the Patent Law has not been officially released and will take effect after 30 (thirty) days as of the approval date of the House of Representative or once President Joko Widodo signs it.
New Examiner of the Patent Application
The Minister may appoint a patent examiner from outside Directorate General of Intellectual Property (DGIP). This is a breakthrough to meet the rapid challenges of technological development, which requires the examiner to have advanced ability in the cutting-edge technology and also to empower scientists and experts in the fields of technology from universities and Government Research & Development field to take part in the development of the national patent system.
Criminal sanction under the new Patent Law is also upgraded, counterfeiters of patent product or process that cause human health problem, death and environmental damage can be sentenced to imprisonment of at a maximum of 7 (seven) years and/or a fine at a maximum of IDR 2.000.000.000 (two billion), and 10 (ten)- years of imprisonment and/or a fine at a maximum t of IDR 3.500.000.000 (three point five billion) for causing human death.
The law also makes an exemption for criminal and civil claims for parallel import and Bolar provision.
The law also regulates patent that can become an object of fiduciary, new mechanism on annuity payment, and acceleration on substantive examination.
If you have any questions on the content of this Client Alert or wish to discuss anything about this matter in further detail, please feel free to contact: Mr. Endra Prabawa at (IP Partner) and Ms. Ajeng Yesie at (Senior Associate).