How to get IPR protection easily and legally

Are you an innovator, artist, writer, or businessman who has a brilliant idea, unique work of art, or a distinctive trademark? If so, then understanding how to get IPR protection (intellectual property rights) is a crucial step to secure intangible assets, friend. In this digital era, plagiarism and plagiarism more easily occur.

Therefore, protecting the results of your intellectual efforts legally is no longer a choice, but a must. This article will guide you to understand various aspects of IPR protection in Indonesia, from the types to the stages of its management.

Also read: This is Copyright Difference, Brand Rights, and Patent Rights

Common types of IPR in Indonesia

Before we discuss how to get IPR protection, it is important to know the common types of IPR in Indonesia. Each type of IPR protects different intellectual property aspects. Here are the types of IPR in Indonesia:

1. Copyright

Copyright serves to protect works in the fields of science, art, and literature, such as books, songs, films, paintings, computer programs, and databases. This protection arises automatically when the work is made, but the recording of copyright provides strong evidence of ownership. Provisions related to copyright are regulated in Law Number 28 of 2014 concerning Copyright.

2. Patent

Patents function to protect discoveries in the field of technology, both products and processes, new, contain inventory steps, and can be applied industry. Examples are the discovery of new machines, chemical formulas, or innovative production methods.

Provisions related to patents are regulated in Law Number 13 of 2016 concerning Patents in jo. Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 concerning Patents.

3. Brand

The brand serves to protect the signs used to distinguish goods and/or services produced by individuals or legal entities in trading activities of goods and/or services. This can be a name, logo, slogan, or a combination of all.

Provisions related to the brand are regulated in Law Number 20 of 2016 concerning Brand and Geographical Indications.

4. Industrial design

This industrial design is to protect creations about the shape, configuration, or composition of lines or colors, or a combination of three -dimensional or two -dimensional in the form of aesthetic impression and can be realized in a three -dimensional or two -dimensional pattern and can be used to produce a product, goods, industrial commodities, or handicrafts.

Provisions related to industrial design are regulated in Law Number 31 of 2000 concerning Industrial Design.

5. Trade secret

Trade secrets serves to protect information that is not known by the public in the field of technology and/or business, has economic value because of its confidentiality, and is kept confidential by the owner. An example is a secret food recipe or unique marketing strategy.

Provisions related to trade secrets are regulated in Law Number 30 of 2000 concerning Trade Secrets.

6. Geographical indication

This geographical indication is to protect the signs that indicate the area of ​​origin of an item that is due to geographical factors (including natural factors, human factors, or a combination of both) provide certain characteristics and qualities to the goods produced. Examples are Gayo coffee, Pekalongan batik, or Sumba weaving. This intellectual property is regulated in Law Number 20 of 2016 concerning Brands and Geographical Indications.

7. Integrated circuit layout design

The layout of the integrated circuit to protect the three-dimensional layout creations of the elements, one of which is at least the active element, and the interconnection of these elements and the overall integrated placement in an integrated circuit. This intellectual property is regulated in Law Number 32 Year 2000 concerning Integrated Circuit Layout Design.

Also read: Patent Law and Brand in Business: Protect Your Brand’s Identity

Who should take care of IPR protection?

Basically, anyone who creates or has the right to an intellectual work must consider taking care of IPR protection. This includes:

1. Individual creators, namely writers, musicians, artists, designers, programmers, researchers, and individual inventors.
2. Business actors, namely startups (startups), MSMEs, and large companies that develop products, services, or trademarks.
3. Educational institutions or research, namely universities or research institutions that produce discoveries or scientific work.
4. Community organizations, namely community groups that preserve traditional arts, local products, or local knowledge.

It is important to know that taking care of IPR protection is a long -term investment that can prevent losses due to plagiarism and add value to your assets.

Also read: Submission of Brand Rejected Haki? This is the cause and solution!

General stages how to get IPR protection

Although each type of IPR has a specific procedure, there are several general stages in how to get IPR protection in Indonesia:

1. Search and search (IPR search). Before applying for an application, conduct a search to ensure that your work or invention has never been registered before by other parties. This is very important, especially for patents and brands. You can search through the DJKI website (Directorate General of Intellectual Property).
2. Application document preparation. Prepare all the required documents according to the type of IPR to be registered. This document can include:

• Application form
• Applicant’s identity data (KTP/NPWP, Deed of Establishment of a Company if a legal entity)
• Description and claim (for patents)
• Examples or specimens of work (for copyright, industrial design, trademark)
• Power of Attorney if represented by the IPR Consultant.

3. Submission of requests. Submit an application online through the DJKI e-Filing system or directly at the DJKI office. Make sure all data is filled in correctly.
4. Request examination. DJKI will check the completeness and validity of your application document. If there are shortcomings, you will be asked to complete it.
5. Announcement/publication (specifically patents and brands). Patent and brand requests will be announced/published in the official IPR news to provide an opportunity for third parties to submit objections.
6. Substantive examination (specifically patents, brands, and industrial design). After passing the announcement stage, a substantive examination will be conducted to assess the novelty, authenticity, or distinguishing power of your request.
7. Approval and issuance of certificates. If your request is approved, DJKI will issue IPR protection certificates. This is the official proof of your ownership.
8. Maintenance (for brands and patents). Some types of IPR such as trademarks and patents require an extension or payment of regular maintenance costs so that the protection remains in force.

Also read: How to Protect Trade Secrets in Business

What is protected and the rights given?

Each type of IPR gives different exclusive rights to the owner:

1. Copyright to protect the expression of ideas, not his own idea. Copyright owners have exclusive rights to multiply, announce, translate, or adapt their work. The duration of protection is generally a lifetime of the Creator plus 70 years after death.
2. Patents to protect new inventions that provide technical solutions to a problem. Patent owners have exclusive rights to carry out their infections and prohibit other parties without the right to make, use, sell, import, rent, or provide for sale products that are patent. The duration of simple patent protection is 10 years, and a patent is 20 years, cannot be extended.
3. Brand to protect the differentiation of goods or services. Brand owners have exclusive rights to use the brand for goods or services that are registered, and prohibit other parties from using the same or similar brand for the same type of goods/services. The duration of protection is 10 years and can be extended.
4. Industrial design to protect the aesthetic shape of a product. Industrial design owners have exclusive rights to use the design and prohibit other parties without the right to imitate or create the same product. The duration of protection is 10 years and cannot be extended.
5. Trade secrets to protect information that is confidential and economic value. Trade secret owners have the right to prohibit other parties from using or reveal the trade secrets without permission. Protection takes place as long as confidentiality is maintained.
6. Geographical indications to protect signs that show the geographical origin of a product that has certain characteristics due to geographical factors. The owner of geographical indications has the right to prohibit the use of these indications for products that do not originate from the area or do not meet quality standards. Protection applies as long as the characteristics and reputation are maintained.
7. The layout of the integrated circuit to protect the configuration of the Integrated Circuit layout. The owner has an exclusive right to take or prohibit actions related to the layout. 10 years of protection duration.

Understanding how to get IPR protection is an important step to maintain the value and originality of your intellectual work. Don’t let your ideas and innovations be stolen. Immediately protect your intangible assets in accordance with the legal provisions in force in Indonesia.

Also read: Examples of Haki Violations The most common

Online Legal Consultation in Perqara

If you have legal problems related to how to get IPR protection, you can chat directly with professional advocates for free only at Perqara. Download the Perqara application now and get a free legal consultation to get the right legal solution anytime and anywhere.

Need help for the establishment of PT, CV, or Foundation?

In addition to providing information about the world of business law, Perqara also provides professional assistance services for the establishment of PT, CV, and Foundations legally and trusted. We are ready to help you start the first step in building a business entity with an easy, fast, and transparent process. Use the assistance service for the establishment of a business entity in Perqara now and get a free website and logo for your business!

Also read: Business ideas are stolen, see how to report it

(This article has been edited by the perqara editorial team)

Legal basis

1. Law Number 28 of 2014 concerning Copyright;
2. Law Number 20 of 2016 concerning Brand and Geographical Indications;
3. Law Number 13 of 2016 concerning Patent;
4. Law Number 31 of 2000 concerning Industrial Design;
5. Law Number 30 of 2000 concerning Trade Secrets;
6. Law Number 32 of 2000 concerning Integrated Circuit Layout Design;
7. Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 concerning Patents.