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The History of Intellectual Property Protection Development

Historically, Indonesia has already had IPR laws and regulations since 1840s. Dutch Colonial Government introduced the first law concerning IPR protection in 1844. Subsequently, Dutch Government promulgated Trademark Law (1885), Patent Law (1910), and Copyright Law (1912). Indonesia, which was still called Netherlands East-Indies at that time, had been a member of Paris Convention for the Protection of Industrial Property since 1888 and also a member of Berne Convention for the Protection of Literary and Artistic Works since 1914. In Japanese occupation era - 1942 to 1945 - all IPR laws and regulations remained in force.

On August 17, 1945 Indonesian people proclaimed their independence. As stipulated in the transitional provisions of The 1945 Constitution, all laws and regulations of Dutch colonial legacy remained in force as long as they were not in conflict with The 1945 Constitution. Copyright Law and Dutch legacy law still applied, but not with the Patent Law which was considered to be in conflict with Indonesian government. As stipulated in Dutch legacy Patent Law, a patent application can be filed at patent office located in Batavia (now Jakarta), but the examination must be conducted in Octrooiraad in the Netherlands.

In 1953, Indonesian Minister of Justice issued an announcement which was the first national regulation regulating patent, namely the Announcement of the Minister of Justice No. J.S. 5/41/4, regulating the temporary filing of domestic patent application, and the Minister of Justice Announcement No. J.G. 1/2/17 regulating temporary filing of foreign patent application.

On October 11, 1961, Indonesian government promulgated Law No. 21 of 1961 on Corporate Mark and Trademark (1961 Trademark Law) to replace Dutch colonial Trademark Law. The 1961 Trademark Law was the first Indonesian IPR law. Based on article 24, Law No. 21 of 1961, "This law addressed as the 1961 Trademark Law and comes into effect one month after this law is promulgated". The law came into force on 11 November 1961. The establishment of the 1961 Trademark Law was intended to protect public from counterfeit/pirated goods. Nowadays, November 11 - which was the date of enactment of Law No. 21 of 1961 – was commemorated as National IP Day.

On May 10, 1979, Indonesia ratified the Paris Convention for the Protection of Industrial Property (Stockholm Revision 1967) based on Presidential Decree No. 24 of 1979. Indonesia's participation on the Paris Convention at that time was not full yet because Indonesia made exceptions (reservations) to a number of provisions, namely Article 1 to 12, and Article 28 section (1).

On April 12, 1982, the Government enacted Law No.6 of 1982 on Copyright (1982 Copyright Law) to replace the Dutch legacy Copyright Law. Ratification of the 1982 Copyright Law was intended to encourage and protect creation, promote culture in the field of science, art and literature and accelerate the development of nation’s intellectual life as well.

Year of 1986 considered to be the beginning of the modern era of IPR systems in the country. On July 23, 1986, the President of the Republic of Indonesia formed a special IPR team through Presidential Decree No. 34/1986 (better known as the Presidential Decree 34 Team/Tim Keppres 34). The main task of Tim Keppres 34 were to formulate IPR national policies, to design IPR legislation and to disseminate IPR systems among relevant government agencies, law enforcement officials and wider community. Tim Keppres 34 then made a number of breakthroughs, among others by taking a new initiative in dealing with national debate about the urgency of patent system in the country. After Tim Keppres 34 re-revised the Patent Bill which had completed in 1982, finally in 1989, the Government enacted the Patent Law.

On September 19, 1987, the Indonesian Government enacted Law No. 7 of 1987 as amendment to Law No. 12 of 1982 concerning Copyright. In the elucidation of Law No. 7 of 1987 clearly stated that amendment to Law No. 12 of 1982 was carried out due to the increasing of copyright infringement which could endanger social life and destroy the creativity of the society.

Following the ratification of Law No. 7 of 1987, Indonesian government signed a number of bilateral agreements in the field of copyright as implementation of the law.

Directorate General of Copyright, Patents and Trademarks (abbreviated as DJ HCPM) was established in 1988 based on Presidential Decree No. 32 to take over the task and functions of Patent and Copyright Directorate which is one of the echelon II units within the Directorate General of Laws and Legislations on Ministry of Justice.

On October 13, 1989 the House of Representatives passed the Patent Bill, which was subsequently enacted into Law No. 6 of 1989 (1989 Patent Law) by the President of the Republic of Indonesia on November 1, 1989. The 1989 Patent Law entered into force on August 1, 1991. The ratification of the 1989 Patent Law finally put an end to a long debate about the importance of the patent system and its benefits to Indonesia. As stated in the consideration of the 1989 Patent Law, legal instruments in the field of patents are needed to provide legal protection and create a good environment for technology-based innovation activities, considering that technology plays a very important role for national development in general and specially in industrial sector. Ratification of the 1989 Patent Law was also intended to attract foreign investment and facilitate transfer of technology into the country. However, it was also emphasized that all efforts to develop IP system, including patent in Indonesia were not solely due to international pressure, but also because of national urgency to provide an effective IPR protection system.

On August 28, 1992, Indonesian Government enacted Law No. 19 of 1992 on Trademarks (1992 Trademark Law), which entered into force on April 1, 1993. The 1992 Trademark Law replaced the 1961 Trademarks Law. On April 15, 1994, the Indonesian Government signed the Final Act on Embodying the Result of the Uruguay Round of Multilateral Trade Negotiations, which includes the Agreement on Trade Related to Aspects of Intellectual Property Rights (TRIPs).

Three years later, in 1997, Indonesian Government revised the IPR legislation, namely the 1987 Copyright Law  jo. Law  no. 6 of 1982, the 1989 Patent Law, and the 1992 Trademark Law.

At the end of 2000, three new IPR laws were enacted, namely Law No. 30 of 2000 on Trade Secrets, Law No. 31 of 2000 on Industrial Design and Law No. 32 of 2000 on Integrated Circuits Layout Design.

In order to harmonize all IPR laws and regulations with TRIPS Agreement, in 2001, Indonesian Government enacted Law No. 14 of 2001 on Patents, and Law No. 15 of 2001 on Trademarks. These two laws replaced the previous law in related fields. Subsequently, in mid-2002 previous Copyright law was replaced and became effective one year after its enactment.

Note: Change to the Nomenclature of Department of Law and Human Rights becoming Ministry of Law and Human Rights based on Ministerial Decision Number M.HH-02.OT.01.01 of 2011 on Adjustment of the Use of the Nomenclature of the Ministry of Law and Human Rights of the Republic of Indonesia.