Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Patents
2.
Rights
2.1
What rights are obtained when a patent is registered?
Indonesia

Answer ... A registered patent gives the patent holder the exclusive rights to implement its patented invention and prohibit unauthorised parties within the territory of Indonesia from:

  • in relation to a patent on a product, creating, using, selling, importing, leasing or delivering, or supplying for the purpose of selling, leasing or delivering, the patented product; and
  • in relation to a patent on a process, using the patented production process to create a product or conduct any other actions as mentioned in the first bullet above.

The prohibition on using a patented production process is applicable only to the import of products that result solely from the use of such patented process.

The patent holder’s rights shall not apply to any parties that use the relevant patent for the purpose of education, research, experiment or analysis, to the extent that this does not harm the reasonable interests of the patent holder.

For more information about this answer please contact: Dewi Soeharto from Assegaf Hamzah & Partners
2.2
How can a patent owner enforce its rights?
Indonesia

Answer ... A patent holder can enforce its rights by filing a compensation claim with the commercial court against any party that exploits the patent holder’s rights without authorisation, as mentioned in question 2.1. The patent holder may also seek a temporary injunction from the commercial court in order to:

  • prevent the entry of goods that are suspected of infringing the patent holder’s patent and/or rights related to its patent;
  • prevent the removal of evidence by the infringer; or
  • cease the infringement in order to avoid irreparable harm.

In addition, the holder of a registered patent may file a police report in relation to any infringement of its rights. If the police investigation reveals an infringement, it will be followed by a criminal claim to the district court.

For more information about this answer please contact: Dewi Soeharto from Assegaf Hamzah & Partners
2.3
For how long are patents enforceable?
Indonesia

Answer ... Once registered, a patent is valid and enforceable for 20 years as of the filing date. A utility patent is valid and enforceable for 10 years as of the filing date.

For more information about this answer please contact: Dewi Soeharto from Assegaf Hamzah & Partners