作者：Ilda Nursiah, Gilbert Immanuel Kangdra 江柯兴

I visited several members from the Indonesia IP Office (DGIP) and Indonesian IP consultants in Jakarta, Indonesia for a few weeks in 2026.  I noticed several new changes to Indonesian intellectual property regulations. These changes have taken effect since February 26, 2026, and are detailed below.

TRADEMARKS

Trademark application requirements:

1. Power of Attorney (POA);
2. Statement of Mark;
3. Scan of Passport from the director or person signing the POA;
4. Specimen of mark;
5. List of goods/services;
6. A scan of the Certificate of Incorporation showing the name of the Director/Chairman who signs the Power of Attorney (POA).

Trademark registration procedures:

1. Filing;
2. Formality examination (15 days);
3. Publication (2 months). If opposition are raised, a counter-statement may be filed within 2 months as of the date of notification.
4. Substantive examination (30 days). If there is a rejection, the examination may take up to 90 days.
5. DGIP decision:
   If granted → registered;
   If refused → the Applicant may file a Hearing within 30 days. If the Examiner maintains the rejection, the Applicant may file an Appeal within 3 months.

Regulatory updates:

1. New Trademark Regulation — Minister of Law Regulation No. 5 of 2026
   This is the most significant regulatory change of the year in Indonesian trademark practice.
   1. Faster Substantive Examination Substantive
      Examination now has much shorter deadlines: 30 calendar days for routine cases, and up to 90 calendar days where a provisional refusal is recommended. Previously, this stage could take 150 days or longer.
      
   2. Administrative Changes and Mandatory Documents
      • Identity Documents
        For individual applicants: KTP, Passport, KITAS/KITAP, or KIA.
        For legal entities (including foreign companies): incorporation documents and directors’ identity documents are mandatory.
      • Priority Documents
        When claiming international priority rights, an Indonesian translation (by a sworn translator) must be included.
      • Force Majeure Provisions
        The new regulation establishes a mechanism for administrative delays caused by circumstances beyond a party’s control (force majeure), providing officially recognised additional time in such cases.
   3. Changes Relating to Ownership and Recordation
      The new regulation provides clearer rules on changes of owner name, changes of owner address, and transfer of rights arising from mergers or acquisitions.
      Where a change of ownership occurs while an examination is in progress, the examination is suspended until the ownership change has been finalised.
      
   4. Collective Trademarks
      The new regulation imposes stricter eligibility criteria: only duly established organisations or formal associations meeting the prescribed requirements may file a collective trademark application. Not every entity may freely claim a collective trademark.
      
2. Non-Use Period
   This does not derive from the Ministerial Regulation but from a Constitutional Court decision effective from 2024: the non-use period that may serve as grounds for a cancellation action has been extended from 3 years to 5 years.

Documents to be prepared by the office:

1. Power of Attorney (Trademark);
2. Deed of Assignment;
3. Statement of Ownership.

COPYRIGHT

Works eligible for protection:

1. Books, computer programs, pamphlets, published written work layouts, and all other written works;
2. Lectures, courses, speeches, and similar works;
3. Teaching aids created for educational and scientific purposes;
4. Songs or music with or without lyrics;
5. Drama or musical drama, dance, choreography, wayang (shadow puppetry), and pantomime;
6. Visual arts in all forms such as painting, drawing, engraving, calligraphy, sculpting, statuary, collage, and applied arts;
7. Architecture;
8. Maps;
9. Batik art;
10. Photography;
11. Translations, interpretations, adaptations, anthologies, and other derivative works.

Protection periods:

1. Copyright protection runs for the lifetime of the creator plus 70 years.
2. Computer programs are protected for 50 years from first publication.
3. Performers’ rights last 50 years from first performance.
4. Producers of sound recordings hold rights for 50 years from fixation.
5. Broadcasting institutions hold rights for 20 years from first broadcast.

Requirements for copyright recordation:

1. Power of Attorney;
2. Statement of Ownership;
3. Deed of Assignment (if the applicant differs from the creator);
4. Specimen of the work;
5. Date and place of first announcement;
6. Title and type of work;
7. ID.

Recordation process:
1–4 business days, provided documents are complete.

Post-recordation procedures:

1. Assignment of Rights
   Requirements:
   (1) Assignment Request Letter;
   (2) Agreement Letter;
   (3) Proof of Assignment;
   (4) Copy of Copyright Recordation Certificate;
   (5) ID;
   (6) Power of Attorney;
   (7) Company Deed (if the holder is a legal entity);
   (8) Other documents.
2. Change of Name and/or Address
   Requirements:
   (1) Name/Address Change Request Letter;
   (2) Supporting evidence of name/address change;
   (3) Copy of Copyright Recordation Certificate;
   (4) ID;
   (5) Power of Attorney;
   (6) Company Deed (if applicable);
   (7) Other documents.
3. Request for Extract of Each Copyright Recordation
   Requirements:
   (1) Extract Request Letter;
   (2) ID;
   (3) Power of Attorney;
   (4) Other documents.
4. Request for Copy of Copyright Recordation Certificate
   Requirements:
   (1) Copy Request Letter;
   (2) ID;
   (3) Power of Attorney;
   (4) Other documents.
5. License Recordation
   Requirements:
   (1) License Request Letter;
   (2) Proof of License;
   (3) Copy of Copyright Recordation Certificate;
   (4) ID;
   (5) Power of Attorney;
   (6) Company Deed (if applicable);
   (7) Other documents.
6. Request for Written Statement on a Work
   Requirements:
   (1) Written Statement Request Letter;
   (2) ID;
   (3) Power of Attorney;
   (4) Other documents.
7. Correction of Recordation Data
   Requirements:
   (1) Data Correction Request Letter;
   (2) Proof of corrected data;
   (3) ID;
   (4) Power of Attorney;
   (5) Company Deed (if applicable);
   (6) Other documents.
8. Correction of Copyright Recordation Certificate
   Requirements:
   (1) Correction Request Letter;
   (2) ID;
   (3) Power of Attorney;
   (4) Other documents.
9. Correction of Certificate Due to DJKI Error
   Requirements:
   (1) Correction Request Letter;
   (2) ID;
   (3) Power of Attorney;
   (4) Other documents.
10. Response to Formality Deficiency Letter
    Requirements:
    (1) Response Letter;
    (2) ID;
    (3) Power of Attorney;
    (4) Other documents.
11. Response to Refusal of Recordation
    Requirements:
    (1) Objection Letter;
    (2) ID;
    (3) Power of Attorney;
    (4) Other documents.
12. Amendment to Work Specimen
    Requirements:
    (1) Work Amendment Request Letter;
    (2) Proof of amended work;
    (3) ID;
    (4) Power of Attorney;
    (5) Other documents.

Documents to be prepared by the office:

1. Power of Attorney (Copyright);
2. Deed of Assignment;
3. Statement of Ownership.

Relevant laws and regulations:

1. Law No. 28 of 2014 on Copyright;
2. Government Regulation No. 56 of 2021 on Song/Music Royalties (LMKN);
3. Government Regulation No. 36 of 2018 on Intellectual Property Licensing;
4. Minister of Law and Human Rights Regulation No. 36 of 2018 on Collective Management Organizations (LMK);
5. Minister of Law and Human Rights Regulation No. 26 of 2021 on Copyright Recordation;
6. Minister of Law Regulation No. 27 of 2025 on Implementation of Government Regulation No. 56 of 2021.

PATENTS

Patent application requirements:

1. Power of Attorney;
2. Statement of Ownership of the Invention;
3. Deed of Assignment (if the applicant is not the inventor);
4. Applicant identity (name, address, nationality);
5. Inventor identity (name, address, nationality);
6. Title of invention;
7. Patent specification comprising description of the invention, claims, abstract, and drawings (if any);
8. Priority documents with Indonesian translation (if filed with priority claim).

Patent application flow:

1. Filing → Filing date
2. Administrative examination (30 days)
3. Waiting period (18 months from filing/priority date). During the waiting period, Early Substantive Examination (ESE) may be requested.
4. Publication (6 months). If oppositions are raised, a counter-statement may be filed within 3 months.
5. Substantive examination request (must be filed within 36 months from filing date; if not filed, the application is deemed withdrawn; a re-examination request may be submitted within 2 months of the withdrawal notice).
6. Substantive examination (up to 30 months), assessing novelty, inventive step, and industrial applicability. Office Action may arise during this stage.
7. DGIP decision:
   If granted → registered;
   If refused → re-examination may be requested;
   If re-examination is still refused → appeal may be filed within 3 months.

Regulatory updates:

1. Minister of Law Regulation No. 6 of 2026
   • Replaces Minister of Law and Human Rights Regulation No. 38 of 2018;
   • Applies to applications filed from February 2026;
   • Filings are fully online, with assisted filing available in case of system errors;
   • Excess claim fees must be paid at the time of filing (previously payable at the substantive stage), failure to pay results in the application being deemed withdrawn;
   • Early Substantive Examination requests are now available.
2. Patent Law No. 65 of 2024
   • The scope of patentable subject matter is expanded to include products, processes, methods, systems, and uses;
   • The grace period before loss of novelty is extended from 6 to 12 months;
   • Annual implementation reports are required (a declaration of the patent’s use in Indonesia must be submitted, failing of which the patent is at risk of invalidation).

Documents to be prepared by the office:
1. Statement of Ownership;
2. Power of Attorney (Patent);
3. Deed of Assignment;