Protection of intellectual and industrial property

Property Rights
Foreign entities have no freehold rights to land ownership in Indonesia. Foreign investors’ land holdings are usually obtained through long-term lease agreements (normally for 30 years) with the government or private parties. Government regulations allow mortgages to be registered against real property and seagoing vessels in their appropriate registries. And also Indonesia is a member of The World Intellectual Property Organisation.

The current patents law dates from 2001, which amended and consolidated in a single text all previous legislation. Inventions that are contrary to Indonesian laws and regulations are excluded from patent ability, and the standard for excluding inventions without domestic content appears to be inconsistent.

Indonesia enacted its new trademark law on August 1, 2001. Like the new patent law, the latest version consolidated into one text a series of trademark laws enacted over the past 20 years. The new law raised the maximum fine for trademark violation to Rp 1 billion (USD 95,000) and slightly reduced the maximum possible prison term. The trademarks law provides for the determination of trademark rights by priority of registration.

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