- The Government recently issued Regulation No. 100 of 2021 on Intellectual Property Consultants ("Regulation 100/2021"), which sets out a new, updated framework for the appointment of intellectual property consultants ("Consultants"). Regulation 100/2021 repeals and replaces a number of previous legal frameworks, specifically: 1) Regulation of the Government No. 2 of 2005 on Intellectual Property Consultants; and Regulation of President No. 84 of 2006 on Procedures for the Appointment of Intellectual Property Consultants.
- Pursuant to Regulation 100/2021, in order to be appointed as a Consultant, an applicant must first satisfy certain requirements, which include the following, among others: 1) Must have Indonesian citizenship; 2) Must hold a bachelor’s degree at the least; 3) Must be at least 25 years old; 4) Must have completed an internship or been employed after graduating for a period of at least twenty-four consecutive months in a Consultant’s office or at an intellectual property management unit; and so forth.
- The overall procedure for the appointment of a Consultant breaks down as follows: 1) Submission of an application for the appointment of a Consultant along with the following required documents (identifying documents, TOEFL certificate with a minimum score of 500, pass certificate for a Consultant’s test, etc.); 2) Inspection of the application for up to a maximum of three days after receipt has been taken of the relevant application; 3) Appointment as a Consultant by the Minister of Law and Human Rights ("Minister"); and 4) Taking of a Consultant’s oath in front of the Minister or appointed officials.
- Regulation 100/2021 has been in force since 27 September 2021.
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