To protect your intellectual property within the territory of Republic of Indonesia, you must register your creations for copyright as soon as possible. Read more to learn about the procedure of registering your copyright in Indonesia and protect intellectual property.
A protection of copyright aims to protect the result of works in the field of science, arts and literature produced by the intellectual ability, imagination, dexterity, skill or expertise manifested in a distinctive form by its creator. Any copyrights of a result of work which can be protected must be a result of works with a distinctive form and is of a personal nature, and not a result of imitating any result of works of any other person.
These are due to the benefits of having a copyright, which consisting of moral rights and economic rights. Surely moral rights is an important matter for the creator, because it everlastingly attached to himself/herself to include his/her name on the use of any of the result of works.
However economic rights is not least important. Economic rights in a result of works can give financial benefits for its creator, in every use of the result of works. Any infringement to or unauthorized user to a result of works may inflict damages to the creator whether in moral and economic.
COMMERCIAL IMPORTANCE OF COPYRIGHT PROTECTION
A registration of copyright is not an obligation as it is in trademark, however for the creator and a copyright holder whose registering and recording it, may use its registration letter as an evidence in a court proceeding if there is any dispute and/or plagiarism by unauthorized party, therefore, essentially a registration of copyright is to prove the ownership of a result of works.
Despite its voluntary nature, a registration of a copyright is necessary for an evidence of legal ownership. Because, a result of works has a commercial and economic value which if it is being misused may inflict damages towards the creator or the copyright holders.
Law Number 28 of 2014 concerning Copyright (“Copyright Law”) specifically stipulates on the recording of the result of work as mentioned in Article 66 stating the following:
- Registration of the works and products submitted by an application in writing in Indonesian language by the creator, the copyright holder, related rights owner, or his proxy to the Minister.
- The recording application is conducted electronically and / or non-electronic by:
- Includes a sample of the work, product related rights, or its successor
- Attach a statement of ownership of works and related rights
- Make payment to any required fee
A registration of copyright electronically is conducted by accessing the Directorate General of Intellectual Property’s website www.dgip.go.id. An online copyright, or usually known as E-Copyright is a provided services in a form of online basis integrated information system provided by Directorate General of Intellectual Property to facilitate a recording’s registration of result of works online, so it is easier to access by the communities.
PROCEDURES IN USING E-COPYRIGHT
- A recording of copyright is conducted by submitting an recording application for the works by the applicant to the Ministry. To be able to submit a recording application, the applicant must deliver a Request of Registration Letter by stipulating a Statement Letter and any supporting documents to the Directorate General of Intellectual Property c.q Director of Information and Technology.
- After receiving a verification email, the applicant will obtain a username and a password to access E-Copyright.
- In the E-Copyright, a recording of copyright is conducted by accessing the “Copyright Registration” column.
- The following data must be provided in the registration:
- Creator’s data
- Copyrights holder’s data
- Power of Attorney
- Type and title of the Copyrights
- Date and places of where the copyright is being announced for the first time
- After filling the required data, all the complete and correct data will be stored by clicking “Save” on the available column. An application is not changeable after being saved.
- The applicant will be obligated to pay for the application through payment methods as determined by the Directorate General of Intellectual Property.
- After the payment, the applicant’s data will be verified by the Approval Staff of the Directorate General of Intellectual Property of the Ministry of Law and Human Rights. The verification is to check whether the works or the product related rights being applied is essentially the same or not with the already registered works or intellectual property objects in the general register.
By procedures, the application checking of works will takes in maximum of 9 (nine) months period since the receipt of a complete application, and then an approval or rejection will be issued.
- Furthermore, Works Registration Letter will be given in a form of electronic certificate in pdf format. The said works will be registered in the general register.
- After obtaining the electronic certificates of work’s registration, the applicant will be directed to make payment in order to complete the registration through an electronic system (E-Copyright).
It is necessary to know that the user of the E-Copyright is consisting of Ministry and Institution, Local Government, Education Institution, Research and Development Institution, Local Office of the Ministry of Law and Human Rights, Intellectual Property Rights Centre, Intellectual Property Rights Consultant and Micro Enterprise, and other institutions. Therefore, not just a random person may register and/or records the works, only a limited selected party and institutions may register.
How can SMART help you?
SMART Legal Consulting is a corporate legal service provider with experience and capability in helping its client in the registration of an intellectual property rights. Please contact SMART for further information on our services, or you may arrange a meeting with us by contacting the following: