COUNTRY REPORT
Indonesia
Participants
1. Nurbaya
2. Erny Trisniawaty
Directorate General of IPR
Ministry of Law and
Human Rights
Republic of Indonesia
 DGIP :
the Directorate General of
Intellectual Property Rights of the
Ministry of Law and Human Rights is
the government institution
responsible for administering the
intellectual property rights system in
Indonesia
 Vision of organization:
To foster an effective and internationally competitive IPR
system that supports the national development and helps
improve the prosperity of the country
 Missions of organization :
* To administer the intellectual property rights system by
granting protection, rewards and recognition to
creativities
* To promote technology and knowledge-based
investment and economic growth; and
* To encourage an innovative and inventive culture
Organizational Structure
Directorate
General
Appeal
Commission
Secretariat of DG
Directorate of
Copyright,
Industrial D,
LD of IC
Trade Secret
Directorate
of
Patents
Directorate
of
Trademarks
Directorate of Directorate
Cooperation
of
&
Information
Development Technology
BACKGROUND OF
COPYRIGHT LAW
 Indonesia is a country with various ethnics, cultures
and the riches of arts and literary with its development
that need Copyright protection of IP which born from
that variety.
 Indonesia as members several international
conventions/ agreements of IPR especially in Copyright
which need follow up in its national legal system.
 Development in trade, industry, and investment has
been developed quickly, so it needs improvement to the
protection of Author and Related Rights Proprietor by
still paying attention to the public interest generally.
DGIP :
the Directorate General shall
administer the registration of works
and record the works in the General
Register of Works. (under chapter 35 of
title 1, Law of the Republic Indonesia Number
19 Year 2002 regarding Copyright)
DEFINITION OF COPYRIGHT
Copyright shall mean the exclusive right of an Author
or a Copyright Holder to publish or reproduce
his/her work, which emerges automatically after the
creation of the work without prejudice to
restrictions pursuant to the prevailing laws and
regulations
Copyright Protection System
 Declarative
 The right is automatically appear after a
creation is created or made into tangible
asset
 Copyright does not appear by registration
 A creator known by allegation
Article 12 of the Indonesian Copyrights Act provides
that the following works in the fields of science, art
and literature can be protected :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Books, computer programs, pamphlets, typographical
arrangement of published works, and all other written works;
Sermons, lectures, addresses and other works of utterance;
Visual aid made for educational and scientific purposes;
Songs or music with or without lyrics;
Dramas, musical dramas, dances, choreographic works, puppet
shows, pantomimes;
All forms of art, such as paintings, drawing, engravings,
calligraphy, carvings, sculptures, collage, and applied arts;
Architecture;
Maps;
Batik art;
Photography;
Cinematography works;
Translations, interpretations, adaptations, anthologies, database and other works as a result of changing of form of models .
Copyright Limitation
 Publication and/or duplication of state symbols and





national anthem;
Publication and/or duplication of any creation on
behalf of the government, unless the copyright is
declared to be protected;
Mention the source: factual news, using other’s
creation for educational purpose, research, scientific
writings, criticism, report ( without causing great
loss to the creator);
Non commercial duplication on Braille;
Changes on architectural creation based on the
technical factor on its implementation in the field;
Copying a computer program for back up.
TERM OF PROTECTION
•
•
•
•
•
Generally Copyright Creation  Life of the
Author + 50 years
Computer Program  50 years as of the first
publication
Performers  50 years after the work is
performed
Producer of Phonogram  50 years after the
work is fixed
Broadcasting  20 years after the work is
broadcasted for the first time
SCHEME OF COPYRIGHT
REGISTRATION
APPLICATION OF COPYRIGHT
ADMINISTRATIF EXAMINATION
COMPLETED
EVALUATION
REFUSED
REGISTERED
GIVING A LETTER OF
COPYRIGHT REGISTERED
IP STATISTICS
Applications for Copyrights
YEAR
RECEIVED
REGISTERED
REFUSED
2006
5,867
3,110
530
2007
6,411
3,591
219
2008
4,733
3,754
584
2009
5,049
6,504
1,301
UNTIL MARCH
2010
1,171
649
829
Publication and Reproduction
 Publication : the reading, broadcasting, exhibition,
sale, distribution or dissemination of work, by
utilizing whatever means including the internet, or
by any manner so that such work is capable of being
read, heard or seen by any other person
 Reproduction : to increase the number of work,
either as a whole or its substantial parts using
either the same of a different material, including
the changing of the form or mode a work
permanently or temporary.
Related Rights
 The Rights which are related to copyright, that
is, the exclusive for a performer to reproduce or
to broadcast his/her performances; or to rent
phonographic works, and for broadcasting
organization to produce, or to broadcast its
broadcasting work
COPYRIGHT TO WORKS of
UNKNOWN AUTHORS
 The State shall hold the copyright for works from
prehistoric remains, historical and other national
cultural objects.
 The State shall hold the copyright for folklores and
works of popular culture that are commonly owned,
such as stories, legends, folk tales, epics, songs
handicrafts, choreography, dances, calligraphies and
other artistic works.
 Further provisions regarding folklore and traditional
expression will be regulated by Government
Regulation.
POINT OF AMENDMENT
NEW COPYRIGHT LAW
 Definition of Copyrights
 New Bill on Traditional Knowledge and Traditional




Expression
Copyright Management Organization (CMO)
(Law revision will accommodate more about the
CMO)
RIGHT MANAGEMENT INFORMATION :More
detailed regulation
CRIMINAL PROVISION
(Ordinary Crime
Warrant by Complaint)
Injunction : more detailed regulation
CONCLUSION
 GOI fully realizes on the importance of creative
industries as a tool for national welfare
 Learning copyright system will give the new
perspective and understanding regarding many
aspects of IP, as well as encourage new spirit in
building copyright system in
Indonesia.
Directorate General of IPR
Jl. Daan Mogot Km.24, Tangerang, Indonesia
www.dgip.go.id