Implementing the Patent Law

AmCham’s IPR Committee holds discussion with Ministry of Law and Human Rights to discuss progress on drafting regulations

By Gilang Ardana
Thursday, June 15, 2017

AmCham Indonesia’s IPR (intellectual property rights) Committee held a discussion on the Patent Law implementing regulations with Dede Mia Yusanti, Director of IP Cooperation and Empowerment of the Ministry of Law and Human Rights, on May 31, attended by companies and intellectual property attorneys.

Dede shared with participants the latest on the drafting of several key implementing regulations from the new Patent Law (Law No. 13 of 2016). Most of the talk focused on the implementation of Article 20, which mandates local manufacturing requirements.

According to Dede, the ministry is currently proposing a draft Presidential Regulation to implement the article, which will further lay out the technical details. The regulation will elaborate on the possibility of the patent holder postponing the local manufacturing requirement through a written request to the ministry.

Industry figures have said that Article 20, which requires that patent holders manufacture any patented products in Indonesia, misunderstands the nature of patents in modern industry and does not meet international best practices.

Dede noted that the ministry has received many suggestions regarding the implementation of the article, which are all still being considered by an internal team at the Directorate General of Intellectual Property (DGIP).

She said the ministry is also working on the Ministerial Regulation of Patent Application and License.

“We welcome any input to these [implementing regulations] so we can understand the potential implications that we were not fully aware of before,” Dede told the meeting.

The Patent Law itself has been a major focus for AmCham. The chamber has been very active in giving input for the implementing regulations of the law, especially under the US-Indonesia Investment Initiative.  A series of meetings have been held with several stakeholders related to the law, and AmCham has also conducted a joint workshop with the DGIP to share best practices in implementing the Patent Law.

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