Copyright Protection in Indonesia: General Information on the Implementation of Copyright Law in Indonesia; policies and planning Seoul, November 2007

General 1. How is IPR administered in Indonesia? Intellectual property rights are administered by the Directorate General of Intellectual Property Rights (DGIPR). DGIPR is under supervisory of the Ministry of Justice and Human Rights, the Republic of Indonesia The main responsibilities of the DGIPR are to administer IPR system and to build the IPR awareness among the people for the purpose of encouraging creativity and economic development

2. What are current directions implemented by DGIPR? In order to implement the main responsibilities, currently DGIPR implemented 5 directions: 1.Legislation: providing IP legislations to comply with national/international standards 2.Administration: providing IP protection 3.IP Campaign: increasing public awareness 4.Law Enforcement: strengthening cooperation with all domestic authorities 5.Cooperation: increasing close cooperation with all IP related organization domestically and internationally

3. The Present Legislation on IPR System in Indonesia Intellectual Property Law in Indonesia Subject of ProtectionNot/Already Established Date of Enforcement of the current law Date of Enforcement of the recent revision Comments PatentsEstablishedOctober 13, 1989August 1, 2001Including provisions relating to Simple Patents TrademarksEstablishedNovember 11, 1961August 1, 2001 CopyrightsEstablishedApril 12, 1982July 29, 2002 Industrial DesignsEstablishedDecember 20, Trade SecretsEstablishedDecember 20, ICLayout DesignsEstablishedDecember 20, Computer ProgramsEstablishedJuly 29, 2002-Included in the Copyright Law Unfair CompetitionEstablishedMarch 5, 1999-Commissioned by the Supervisory Committee of Business Competitions Plant VarietyEstablishedYear 2000-Implemented and administered by the Ministry of Agriculture, this legislation is outside of the activities of DGIPR

4. Outline of IPR System administered by DGIPR PatentsSimple PatentsIndustrial DesignsTrademarksCopyrights & Computer Programs Duration of protection 20 years from filing date No extension 10 years from filing date No extension 10 years from filing date No extension 10 years Extendable every 10 years 50 years + life of author, 50 years since the first publication Request for examination Yes (within 36 months from filing date) No Publication of unexamined application Yes No Substantive examination Yes No (Examination will conducted based on opposition during publication of unexamined application) YesNo Condition to be Registered - Novelty - Inventive Steps - Industrial applicability Novelty DistinctivenessOriginality (no obligation to file an application in order to be protected) Opposition system Yes No Appeal systemYes NoYesNo

Copyright Protection in General Rationale of the Copyright Protection : Recognizing ownership of author’s creative works Providing the author a limited exclusive rights to exploit the works Stimulating the development of further intellectual creativity efforts

Legal Basis and International Convention Ratified by Indonesia Copyright Law No. 6/1982 Tahun 1982, No. 7/1987, No. 12/1997, and currently the Law No. 19/2002. Presidential Decree No. 18/1987 regarding to the Ratification of “The Berne Convention for the Protection of Literary and Artistic Works” Presidential Decree No. 19/1997 regarding to the Ratification of “WIPO Copyrights Treaty” Presidential Decree No. 74/2004 regarding to the Ratification of “WPPT” Other bilateral agreement on the copyright protection between Indonesia and other countries, e.g: US, UK, Au, and EU

Implementation of current Copyright Law (the Law No. 19/2002 on Copyright)  Requirement for protection (general): -originality -automatically when the idea is fixed in tangible form -starting since the first publication -No registration needed art. 35(4), art. 36 -Registration is an optional to facilitate the author to have a temporary proof of his works  Protection of works of heritages (art 10)  Technological protection measures (art. 27 and 28)  License Art. 45, no detail provision on CMO  Copyright Council Art.48  Related rights Art.49

LAW ENFORCEMENT : Provisional Decision by the court (art. 67) -to prevent the continuation of the infringement -to prevent the lost of proofs Commercial Court (art. 56) -to claim damage caused by the infringement -to stop further distribution of infringed copyright Criminal Provisions (art. 72)

Constraint on the Law Enforcement (dilemmatic conditions)  Cultural Dimension – everyone happy  Social Dimension – lack of awareness  Economic Dimension – unable to buy  Legal Dimension – some provisions need to be redefined be redefined

-Amendment of the current legislation: + Copyright council provisions to be more detail + inclusion of CMO provisions - Reviewing other International Treaties based on the national interest interest - Building the cooperation nationally/internationally in the field of copyright to prevent copyright infringement of copyright to prevent copyright infringement - Dissemination of information on copyright matters - Establishment of IPR National Task Force to formulate policies to IPR infringement policies to IPR infringement - Training the IP legal enforcer and stake holders including universities universities Planning and developing policies