Proposed Amendments To Indonesia’s IP Law

Indonesia’s intellectual property (IP) e-filing system was gradually implemented in recent years, and its capability for remote filings of intellectual property applications immediately became a important tool during the COVID-19 epidemic.

As a result of the increased use, the system’s development has accelerated, and the Directorate General of Intellectual Property (DGIP) may now accept all forms of IP filings online.

Beyond just allowing the DGIP to continue accepting applications throughout the epidemic, this has had a significant beneficial influence on the country’s IP efforts, and it will likely be a basis of the DGIP’s activity for years to come. Now that the online system is up and running, it’s time to think about what aspects of the project may be enhanced in future iterations.

Patents

The e-filing system is particularly user-friendly for filing new patent applications, as well as for completing post-filing chores including opposition filings and responding to office actions. In fact, office actions are issued through the system, but without any active communication, leaving it up to the filers to determine whether or not an office action has been issued.

Furthermore, after submitting a response to an office action, no receipt is received. Logging into the system to see that the office action is no longer marked as pending is the only way to ensure that a response has been successfully submitted.

Amendments can be made at any time before the patent is granted. The official fee for excess claims, on the other hand, can only be paid if the application status shows that substantive examination is in progress.

Designs

The e-filing system may also be used to submit design applications as well as post-application filings, such as rejection answers. However, design programs that have more than one drawing per view have difficulties. Before uploading the application, the different designs for that particular view must be consolidated onto one page. Otherwise, the extra drawings will be categorized as ‘reference view’ on the design certificate, causing a significant delay because the e-filing system does not enable modification requests, which must be filed in person at the DGIP office.

Rejection messages are emailed, and the e-filing system merely shows the application status as ‘Director’s approval of rejection decision.’ Replies to rejections, like office action responses for patents, do not obtain an official filing receipt.

Trademarks

The e-filing system’s translated list of products and services in English and Bahasa Indonesia is a useful tool for trademark applications, since it reduces the chance of erroneous translation. The list of products and services, however, is subject to change from time to time, and it is not uncommon to see certain wordings changed or some items and services removed entirely.

If the desired goods or services are not on the list but are mentioned on the Madrid List of Goods and Services, a supplemental request to include them in the application may be included. The request procedure might take a long time, and the application will not be given a filing date until the list is complete. The request may not be automatically forwarded to the classification officer, in which case it must be directed to the DGIP’s customer care department.

Indonesia’s implementation of an e-filing system has substantially boosted the country’s administration of IP rights’ flexibility and convenience – notably for IP consultants working from home during the COVID-19 epidemic.

The online system has modernized procedures for protecting intellectual assets in Indonesia, and it has become a vital aspect of the DGIP’s contacts with rights holders and applicants, with more capabilities introduced and polished since the commencement of the epidemic. The e-filing system will be much more beneficial once all of the application data from the earlier phases of the system has been integrated to the current system.

The DGIP will attempt to improve on its successful implementation of the e-filing system in later rounds of development by resolving issues and flaws like those mentioned above. The DGIP will sort out these and other concerns as they develop over time, making the e-filing system more feasible as Indonesia’s primary tool for IP prosecution.

– You could visit here to see Procedure of Indonesia Trademark Registration.

– You could visit here to check the required documents of filing trademark in Indonesia.

– You could read Legal Notes About Trademark In Indonesia – Indonesia Trademark Law here.

Contact AAA IPRIGHT: Email: [email protected]

Or sending your inquiry by filling the form: