Despite the revamping of the regulation, copyright violation of IP Indonesia is still a serious problem. Proving violations against one’s intellectual properties can be a tedious and complicated process, especially for small business owners or startup founders. If you plan to release a product, program, brand, or any work of art, you should invest in copyright infringement lawyer or consultant.
Known as konsultan HKI or pengacara HKI, a copyright infringement consultant or lawyer helps to create a legal protection for the works of art, brands, or products released by the clients. The consultant also accompanies clients going through court sessions and dispute settlements. Hiring a consultant should be the first step you take when you decide to publish a major work or launch a product.
A copyright infringement lawyer Indonesia has specific tasks. Here are what you can expect from the lawyer to do:
- Identifying the case
There are possibilities that reported intellectual property might not be something covered by the law, which makes it insufficient to make a case during an alleged dispute. A copyright infringement lawyer or consultant needs to identify the possibility of making (or not making) a case.
- Categorizing the intellectual property
Not all people recognize the exact category of their intellectual properties, whether they are brands, trademarks, or copyrights. A lawyer need to review the report and determine the exact category of the client’s intellectual property. It is important to ensure that the client makes the right case.
- Counseling a client in an intellectual property dispute
A lawyer gives legal counsel and support for a client who wants to protect his or her intellectual property. The lawyer also gives advises about the best acts to make during a particularly long dispute.
- Helping a client registering intellectual property
When an artist, designer, or business owner wants to register a specific intellectual property, a lawyer or advisor assists in all steps. This also includes categorizing intellectual property type properly.
When a person decides to register an intellectual property, he or she should consider hiring a lawyer or consultant. It will help in clearing possible roadblocks when launching a business, works of art, or products, and avoid problems in the future.
A copyright lawyer usually forms a long partnership with an intellectual property owner due to the nature of the job. Forming good networking with a copyright lawyer or advisor is always a good idea.
HOW TO REGISTER INTELLECTUAL PROPERTY IN INDONESIA
Copyright and trademark registration in Indonesia are done at General Directorate of Intellectual Property Rights (Direktorat Jenderal Hak Kekayaan Intelektual, or Ditjen HKI). People can visit the office in South Jakarta or use the help of a lawyer/consultant. Those who live outside Jakarta but want to register directly can visit the representative offices of Law and Human Rights Ministry. The institution also allows people to register online at its website, Dgip.go.id.
To register an intellectual property, there are several documents to prepare. They are:
- An official statement about the client’s ownership of certain intellectual property. The letter must be signed by the client, complete with a duty stamp (IDR6,000)
- Official statement about the authenticity of the works
- A separate letter to prove the involvement of a legal representative, if the person registers through a registered lawyer or consultant
- Legalized copies of a law institution certificate, if the person registers through a registered law office
- Copies of taxpayer numbers (NPWP)
- Copies of the client’s valid identification card
A client also needs to prepare samples of the intellectual properties that will be registered. The amounts are different, depending on the types. They are:
- Brand: at least 24 colored copies of the brand etiquettes, printed on paper. Four must be included on the registration form
- Books: two copies of books in good condition. If the books have images of someone else, there must be statement letters from the person (or the relative or custodian) that allows the use of the picture
- Computer programs: two CDs of program or software, complete with the description
- Song and musical composition: two CDs of the recording, and ten copies of a song’s lyrics and notations
- Stage play: two copies of the complete script and the recording of the play
- Movies: two recorded copies of the entire movie, and two copies of the script
- Architectural work: one copy of the project’s image
- Dance works and choreographies: ten copies of the movement images and two copies of performance
- Shadow puppets and other similar stage performances: two copies of complete scripts and two CDs of the performance’s recording
- Map: one copy of the complete map
- Visual arts (painting, batik, ikat, calligraphy): ten photos of the works
- Works of anthologies and translations: two copies of the entire writing
Once the client prepares all the samples and documents, he or she must file a registration form from Ditjen HKI. If the client does not provide complete requirements, he or she has three months to prepare them. After everything is complete and the form is sent, Ditjen HKI will evaluate the request. If received, the client will acquire a certificate that states the ownership of the intellectual property.
While the process has become easier than before, it is best to use the assistance of a lawyer or IP Indonesia. Professional assistance will make the process faster, and the owner of the intellectual property can focus on his or her business and other projects while waiting.
Indonesia may have huge problems with violations of intellectual properties, but the revamping of the copyright law will give a better chance for business owners, artists, authors, and others in the creative industry to protect their rights. The new law covers more details, and even add new protection aspects, such as the inclusion of marketplaces, and the forming of Collective Management Association.