In Indonesia, the provisions on geographical indications are stipulated in the Marks Law. The geographical indication is defined as a sign indicating the area of the origin of goods which, by virtue of geographical factor including natural factor, human factor, or the combination of the two factors, gives certain characteristics and quality to the goods produced. The protection of geographical indication consists of the goods produced by nature, agriculture, handicraft and certain industry. As the lack of implementing regulations, the registration of geographical indication has not been performed yet by DGIPR.
One of the consideration s for the enactment of Law Number 31 of 2000 on the Designs Law is that Indonesia is rich with differences resulting from its various ethnical groups and cultural diversities. Previously, Indonesia has had Law Number 5 of 1984 on Industry which stipulates the definition of industrial designs. Unfortunately, its implementing regulations on industrial designs registration have not been issued yet. The Designs Law adopts a first-to-file principle in which the State grants the right of industrial design to a person who has registered his or her design at DGIPR.
Trade Secrets are protected in Indonesia by Law Number 30 of 2000. Such protection is granted if the technological or business information has confidential character, commercial value, and the information owner keeps the information secretly. No trade secret registration is required by the Trade Secrets Law. However, the trade secret license agreement and trade secret assignment must be recorded at DGIPR and announced in the Official Trade Secret Gazette. If the license agreement and assignment are not recorded they will not be valid to the third parties.
Integrated Circuits Lay-out Designs (“IC Designs”)
Indonesia has now a law on Integrated Circuits Designs (Law Number 32 of 2000). According to this IC Designs Law, an integrated circuit lay-out design can be registered for protection by the Law for a period of 10 years calculated as of the first time the IC Design is commercially exploited anywhere, or as of the date the relevant authority receives the application provided that the application has fulfilled all of the administrative requirements. In consideration of the rapid technical development in relation to the IC Designs, the term of protection can not be extended. Applicants who live outside Indonesia must submit the application via a registered consultant of IPRs in Indonesia. It is unclear, however, whether an implementation regulation with respect to this Law is to be issued in the near future, providing guidance as to how to proceed with the registration. As it is, interested parties are not, as yet, able to proceed with the registration of an IC Design.