Background
Ministry of Law and Human Rights (“MENKUMHAM”) issued new regulation namely Ministry of Justice and Human Rights Regulation No. 8 of 2016 on Requirements and Guidelines of Application for Registration of Intellectual Property License Agreement (“PERMEN”), which came into force on 24 February 2016.
The purpose of this PERMEN is to enhance the service and provide a legal certainty to the rights holder and/or right holder of the objects of intellectual property and the license recipient as well as for the industry, trade and investment that can bind a third party.
General Provision
Registration for License agreement are made for:
a) Copyrights and Its Affiliated Rights
b) Patent
c) Trademark
d) Industry Design
e) Integrated Circuit Layout; and
f) Trade Confidentiality
Application for registration of license agreement is made based on application from the licensor, licensee, and proxy (“Applicant”), and subject to charge in accordance with laws and regulation in the field of Non Tax State Revenue that is applicable for MENKUMHAM.
Application of Registration Guidelines
The applicant to the minister in writing form submits application for registration of license agreement. The application can be done electronically or non-electronically.
Electronic registration can be done via official website page of Directorate General of Intellectual Property, if the registration is done manually (non-electronically) then the submission is made in writing. Documents that have to be submitted are:
a) A copy of the license agreement or proof of license agreements;
b) A copy of patent certificate, trademark, industry design, integrated circuit design or proof of copyrights ownership, affiliated rights and trade confidentiality that have been licensed;
c) Original special power of attorney, if the application is submitted by proxy; and
d) Original payment receipt of the registration of license agreement fee.
The applicant must fill the statement form electronically (via website) or make a statement letter that this registered license agreement is the object of intellectual property that:
a) Still in a protection period;
b) Does not harm the interests of the national economy;
c) Does not inhibit the development of technology;
d) Does not contrary to the provisions of law, morality and public order.
Each application for registration of license agreement is required to be verified. The verification is done within a maximum period of 10 days from the day when the documents received.
If the documents are not complete, then the minister will return the application to the applicant and give maximum period of 10 days from the day the notification date. If within the time period, the document is not completed by the applicant, then it is considered that the application is withdrawn.
If the document is already complete, then the minister will register the license agreement and will announce the registration of license agreement in the official website of Directorate General of Intellectual Property.
Application by Foreigner
Registration application by foreigner or if the object of registration application is owned by foreigner then the application is obliged to be done by the intellectual property consultant domiciled in Indonesia.
Expiry Period for Application of Registration Agreement
Expiry Period for application of registration agreement is 5 years and if it is already expired then the applicant can reapply the application by paying fees in accordance with laws and regulation in the field of Non Tax State Revenue that is applicable at MENKUMHAM.
If you require any advices regarding Requirements and Guidelines of Application for Registration of Intellectual Property License Agreement, you can email us at query@lekslawyer.com
