The Indonesian Ministry of Law and Human Rights has now issued the Regulation on Requirements and Procedures for Recordation of Intellectual Property License Agreement, Ministerial Regulation No. 8 of 2016. It has been a longstanding requirement in Indonesia that license agreements for trademarks, copyrights, and patents be recorded in order for the license holder to enforce the licensed rights against an infringer, and for the license holder’s use of the intellectual property to be recognized as “actual use” by the rights owner. However, it was not possible to record license agreements in Indonesia until now as there were no implementing regulations and guidelines.
Under the new Regulation, the following documents are required to record a license agreement:
- A copy of the license agreement or proof of the license agreement;
- A copy of the valid intellectual property certificates;
- An original signed Power of Attorney; and;
- A signed Statement from the applicant confirming that the IP Rights comply with the laws and regulations.
According to the Regulation, recordal applications will be examined within ten days from the filing date.