The Ministry of Law and Human Rights of the Republic of Indonesia (“MOLHR”) has issued a new regulation which requires that all IP licensing agreements be registered for recordation at the ministry. The regulation is MOLHR Regulation No. 8 of 2016 regarding Rules and Procedures for the Recordation of Intellectual Property License Agreements (“Regulation No. 8 / 2016”).
Regulation No. 8 / 2016 applies to all of the intellectual property rights, namely, copyright and related rights, patents, marks, industrial design, integrated-circuit layout design, and trade secrets. For the recordation an application must be submitted by the licensor or the licensee or their representative. The application may be submitted either electronically or non-electronically. Below are the basic rules and procedures.
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Foreign applicants must be represented by an IP consultant who is domiciled in Indonesia.
Under Regulation No. 8 / 2016, the processing of an application should not take more than 10 days as of the acceptance of the application. Incomplete applications will be returned to the applicants and the applicants will have no more than 10 days as of the date of the notification to complete the application. Failure in submitting the application within the prescribed time frame will result in that the application will be deemed as withdrawn. Successful recordation applications will be announced in the official website of the DGIP. The recordation is valid for 5 years, at the end of which the applicant may re-apply for the continued recordation.
This regulation has been in force since 24 February 2016. All recordation applications which were submitted before this issue of this Regulation No. 8 / 2016 will be processed on the basis of the provisions of Regulation No. 8 / 2016.