Ada Pertanyaan? Hubungi Kami 
2026 Hak Cipta Milik Hukumonline.com
Produk Pilihan
Ada Pertanyaan? Hubungi Kami Marcell Sihombing, CR-20
Office of Directorate General of Intellectual Property Rights. Photo by: SGP.
The Directorate General of Intellectual Property (Directorate General) at the Ministry of Law and Human Rights (Ministry), in cooperation with the Indonesian Intellectual Property Attorneys Association (AKHKI), held an event entitled The National Dissemination Seminar for Patent Law in Jakarta on Wednesday, 21 September 2016. The event was attended by scientists from various research and development institutions, as well as scholars from various universities, company representatives, intellectual-property-rights consultants and government officials.
During his address at the event, John Kenedy Aziz, the Chair of the Special Committee for the Draft Bill on Patents (Committee), revealed that a number of attempts had been made by foreign parties to intervene in the deliberation process of the Draft Bill, although the Draft Bill itself has already been passed by the House of Representatives and is now known as Law No. 13 of 2016 on Patents (Patent Law). Such foreign parties demanded that the Draft Bill accommodate their interests and some even declared their intention to shut down the local operations of up to 300 businesses currently operating in Indonesia if these demands were not satisfied.
These demands have arisen due to the incorporation of several new provisions into the new Patent Law which are seen as being in contradiction to the foreign parties’ interests. One of these provisions governs genetic resources (sumber daya genetik/SDG).
Commenting on this issue, Ahmad M. Ramli, the Ministry’s Director General of Intellectual Property (Director General), asserted that many foreign countries opposed the SDG provision because they believe that the most important element of any SDG patent is the inventor, instead of the location in which such innovations are invented. Nonetheless, Mr. Ramli’s institution has insisted upon incorporating the SDG provision into the Bill, as it is based upon the SDG protection clause stipulated under the Nagoya Protocol, which has already been ratified by Indonesia.
Mr. Aziz further elaborated that any such intervention would ultimately fail and that the new Patent Law already conformed to the provisions set out in the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, as well as various patent laws applicable in other developed countries. Indeed, during the deliberations into the Patent Law, the Committee visited Switzerland and the US in order to gain valuable insights into the various relevant issues, and Mr. Aziz has expressed his personal belief that developed countries should offer better regulatory patent frameworks.
By way of example, Mr. Aziz pointed to Switzerland, where the headquarters of the World Intellectual Property Organization (WIPO) are located. This country’s major revenues are generated via patent rights. Thus, Mr. Aziz believes that Indonesia shouldn’t only be relying upon its natural resources in order to generate income, and should instead start to consider patents as another possible source of revenue.
The new Patent Law also incorporates several fundamental principles in a bid to increase the number of patents rights which are registered with the government. One such principle is the extension of simple patent protections, which now encompass product and process improvements. Thus, the registration of a simple patent now comprises of the actual product itself, as well as any improvements which are made to existing processes, such as composition, method, formulas and so on.
In order to encourage research and development within government institutions, the new Patent Law also allows inventors which are part of state’s civil apparatus, as well as government officials, to individually receive royalties or honorariums for their inventions, although the ownership of any given patent will remain with the institution that they work for.
Additionally, the new Patent Law also stipulates limited implementations of patents by the government for the purpose of state security and defense, as well as in the urgent public interest. Such activities must only be carried out in order to satisfy domestic needs, should be of a non-commercial nature, and should include: firearms, ammunition and military explosives; interceptions, wiretapping and stakeout/secret surveillance; encryption and decryption analysis equipment; as well as other state defense and security equipment and/or processes. These types of activities can also apply to the procurement of expensive pharmaceutical medicines for the treatment of endemic diseases, such as medicines capable of treating HIV/AIDS.
Moreover, the new Patent Law now regulates the mechanism for the filing of challenges against any issued patent rights with the Patent Appellate Commission (Komisi Banding Paten), instead of at the Commercial Court. Ultimately, the new Patent Law also regulates a patent revocation mechanism which can be filed by another patent holder against any similar inventions, or by any relevant third parties.
In conclusion, Mr. Aziz claimed that he was convinced that the new Patent Law represented a better and improved version of the previous Patent Law (Law No. 14 of 2001).
Lack of Experts
On a slightly different note, Director General Ramli asserted that the new Patent Law was a highly “introspective” law, as it Encourages the Directorate General to be more aware as regards the deficiencies which remain within his institution in relation to the proper processing of patent applications. Director General Ramli stated that he realized that his institution lacked the proper experts needed in order to review patent-rights applications, and therefore stated his intention to involve more experts from outside the Directorate General in order to assist with the reviewing of such applications. These experts may comprise of university researchers or relevant research institutions.
And last but not least, Director General Ramli also pointed out that the issuance of the new Patent Law was a matter of urgency, in light of the current and actual issues relating to patent rights, such as technological development, the need to increase the number of national inventions and adjustments which need to be made to the patent-related regulatory framework, as well as regulatory development at an international level (e.g. TRIPS, the Paris Convention and the Nagoya Protocol).
(cd/sp)
Marcell Sihombing, CR-20
Office of Directorate General of Intellectual Property Rights. Photo by: SGP.
The Directorate General of Intellectual Property (Directorate General) at the Ministry of Law and Human Rights (Ministry), in cooperation with the Indonesian Intellectual Property Attorneys Association (AKHKI), held an event entitled The National Dissemination Seminar for Patent Law in Jakarta on Wednesday, 21 September 2016. The event was attended by scientists from various research and development institutions, as well as scholars from various universities, company representatives, intellectual-property-rights consultants and government officials.
During his address at the event, John Kenedy Aziz, the Chair of the Special Committee for the Draft Bill on Patents (Committee), revealed that a number of attempts had been made by foreign parties to intervene in the deliberation process of the Draft Bill, although the Draft Bill itself has already been passed by the House of Representatives and is now known as Law No. 13 of 2016 on Patents (Patent Law). Such foreign parties demanded that the Draft Bill accommodate their interests and some even declared their intention to shut down the local operations of up to 300 businesses currently operating in Indonesia if these demands were not satisfied.
These demands have arisen due to the incorporation of several new provisions into the new Patent Law which are seen as being in contradiction to the foreign parties’ interests. One of these provisions governs genetic resources (sumber daya genetik/SDG).
Commenting on this issue, Ahmad M. Ramli, the Ministry’s Director General of Intellectual Property (Director General), asserted that many foreign countries opposed the SDG provision because they believe that the most important element of any SDG patent is the inventor, instead of the location in which such innovations are invented. Nonetheless, Mr. Ramli’s institution has insisted upon incorporating the SDG provision into the Bill, as it is based upon the SDG protection clause stipulated under the Nagoya Protocol, which has already been ratified by Indonesia.
Mr. Aziz further elaborated that any such intervention would ultimately fail and that the new Patent Law already conformed to the provisions set out in the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement, as well as various patent laws applicable in other developed countries. Indeed, during the deliberations into the Patent Law, the Committee visited Switzerland and the US in order to gain valuable insights into the various relevant issues, and Mr. Aziz has expressed his personal belief that developed countries should offer better regulatory patent frameworks.
By way of example, Mr. Aziz pointed to Switzerland, where the headquarters of the World Intellectual Property Organization (WIPO) are located. This country’s major revenues are generated via patent rights. Thus, Mr. Aziz believes that Indonesia shouldn’t only be relying upon its natural resources in order to generate income, and should instead start to consider patents as another possible source of revenue.
The new Patent Law also incorporates several fundamental principles in a bid to increase the number of patents rights which are registered with the government. One such principle is the extension of simple patent protections, which now encompass product and process improvements. Thus, the registration of a simple patent now comprises of the actual product itself, as well as any improvements which are made to existing processes, such as composition, method, formulas and so on.
In order to encourage research and development within government institutions, the new Patent Law also allows inventors which are part of state’s civil apparatus, as well as government officials, to individually receive royalties or honorariums for their inventions, although the ownership of any given patent will remain with the institution that they work for.
Additionally, the new Patent Law also stipulates limited implementations of patents by the government for the purpose of state security and defense, as well as in the urgent public interest. Such activities must only be carried out in order to satisfy domestic needs, should be of a non-commercial nature, and should include: firearms, ammunition and military explosives; interceptions, wiretapping and stakeout/secret surveillance; encryption and decryption analysis equipment; as well as other state defense and security equipment and/or processes. These types of activities can also apply to the procurement of expensive pharmaceutical medicines for the treatment of endemic diseases, such as medicines capable of treating HIV/AIDS.
Moreover, the new Patent Law now regulates the mechanism for the filing of challenges against any issued patent rights with the Patent Appellate Commission (Komisi Banding Paten), instead of at the Commercial Court. Ultimately, the new Patent Law also regulates a patent revocation mechanism which can be filed by another patent holder against any similar inventions, or by any relevant third parties.
In conclusion, Mr. Aziz claimed that he was convinced that the new Patent Law represented a better and improved version of the previous Patent Law (Law No. 14 of 2001).
Lack of Experts
On a slightly different note, Director General Ramli asserted that the new Patent Law was a highly “introspective” law, as it Encourages the Directorate General to be more aware as regards the deficiencies which remain within his institution in relation to the proper processing of patent applications. Director General Ramli stated that he realized that his institution lacked the proper experts needed in order to review patent-rights applications, and therefore stated his intention to involve more experts from outside the Directorate General in order to assist with the reviewing of such applications. These experts may comprise of university researchers or relevant research institutions.
And last but not least, Director General Ramli also pointed out that the issuance of the new Patent Law was a matter of urgency, in light of the current and actual issues relating to patent rights, such as technological development, the need to increase the number of national inventions and adjustments which need to be made to the patent-related regulatory framework, as well as regulatory development at an international level (e.g. TRIPS, the Paris Convention and the Nagoya Protocol).
(cd/sp)