{"id":4751,"date":"2019-05-27T16:02:09","slug":"how-indonesian-government-tackles-the-challenges-of-patent-implementation","title":{"rendered":"How Indonesian Government Tackles the Challenges of Patent Implementation"},"content":{"rendered":"

According to Law No. 13\/2016, patent\u00a0is an exclusive rights given by the state to\u00a0investors\u00a0for their\u00a0inventions in technology and to carry out the invention by themselves or to give consent to others to carry it out for a specific period of time. In 2016, according to the data from the Directorate General of Intellectual Property of the Ministry of Justice and Human Rights\u00a0(Kemenkumham), the total number of applicants from Indonesia was only 940,\u00a0compared to a total of 5854 overseas applicants.<\/p>\n

The graph below shows that most patent holders\u00a0in Indonesia came from foreign countries such as Japan, USA, Germany, Switzerland,\u00a0and others. Meanwhile,\u00a0patent owners\u00a0from Indonesia\u00a0only add up to 14% from the total\u00a0number.<\/p>\n

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Some issues appeared in the article 20 from\u00a0Law\u00a0No. 13\/2016,\u00a0which\u00a0stated\u00a0that patent holders to either manufacture their patented products in Indonesia or to use their patented processes in Indonesia. The manufacturing of the products or the use of the processes should support the transfer of technology, drive investment absorption and\/or provide job opportunities.<\/p>\n

The bright side\u00a0is\u00a0the regulation\u00a0can give a protection for Indonesia\u2019s assets. However, the regulation creates so many challenges for\u00a0the investors, particularly foreign investors.<\/p>\n

It was known that the US Chamber of Commerce\u00a0represented many companies\u00a0to\u00a0present\u00a0their objection on Law No. 13\/2016\u00a0article No. 20. According to them, the regulation was not practical and against the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).<\/p>\n

With many companies facing the challenges to implement their patent, the Ministry of Law and Human Rights released the Ministerial Decree No.15\/2018 which is designed to explain the bureaucratic system and the flow of patent implementation that must be pursued by the patent holder. Below is the chart which explains the regulation:<\/p>\n

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Based on the Ministerial Decree, we can analyze the impact of the patent law with the following SWOT (strength, weakness, opportunity\u00a0and threat) analytic:<\/p>\n

Strength<\/b><\/strong><\/p>\n