At the time of the occupation of Japan s
Historically, the laws and regulations in the field of IPR in Indonesia has existed since the sThe Dutch Colonial government introduced the law first regarding IPR protection in the year. Furthermore, the Dutch Government enacted the trademark LAW, the LAW of Patents, and the Copyright ACT. d, all the laws and regulations in the field of IPR is still valid. On the date of seventeen August the nation of Indonesia proclaimed its independence. As stipulated in the transitional provisions of the CONSTITUTION, all laws and regulations relics of the Dutch colonial remains valid as long as not contrary to the CONSTITUTION. The LAW of Copyright and the LAW a legacy of the Netherlands remains in force, but not so with Patent LAW that is considered contrary to the government of Indonesia. As stipulated in the Patent LAW Dutch heritage, a patent application can be filed at the patent office located in Batavia (now Jakarta), but the examination of a patent application should be done in Octrooiraad located in the Netherlands. In the Minister of Justice of the republic issued announcement which is a national regulation the first set of patents, namely the Announcement of the Minister of Justice No.
five forty-one, which set about filing the request the patent in the country, and the Announcement of the Minister of Justice No.
one, two, seventeen of which set about filing while the demand for patents abroad.
On the eleventh of October the government of INDONESIA enacted ACT No. twenty-one years about the Company Brand and Brand of Commerce (the trademark LAW) to replace the trademark LAW of the Dutch colonial. The trademark LAW is the legislation of the first Indonesian in the field of IPR. Based on article, LAW No. twenty-one Th, which reads 'this Act may be called the trademark Law and entered into force one month after this law is enacted'. The determination of the trademark LAW was intended to protect the public from goods pirated copies.
Such legislation begins to apply the eleventh of November
At this time, every eleventh of November which is the date of entry into force of LAW No. twenty-one years of has also been designated as a Day of KI National. On the tenth Mei Indonesia ratified the Convention of Paris based on the Decree of the President No. Indonesia's participation in the Convention of Paris the time was not yet full because Indonesia make exceptions (reservations) against a number of provisions, namely, Article one of the s. d, and Article twenty-eight of paragraph. On the Twelve of April the Government passed LAW No.
six years of on Copyright (the Copyright ACT of) to replace the Copyright ACT of the Dutch heritage.
The ratification of the Copyright ACT of was intended to encourage and protect the creation, dissemination of the results of culture in the field of works of science, art and literature as well as accelerate the growth of intelligence the life of the nation.
The year can be called as the beginning of the era of the modern system of IPR in the country. On the date two twenty-three, the President of INDONESIA formed a special team in the field of IPR through the Decision No. thirty-four (this Team is better known as Tim Keppres). The main task of the Team of the presidential Decree thirty-four are covers the preparation of the national policy in the field of intellectual property, the design of the laws and regulations in the field of IPR and dissemination system of IPR among relevant government agencies, law enforcement agencies and the wider community. The team of the presidential Decree thirty-four next, make a breakthrough, among other things by taking new initiatives in addressing the national debate about the need for the patent system in the ground water. After the Team of presidential Decree thirty-four revise the BILL of Patents that have been resolved in, finally in the Government passed a Patent LAW. On the date of the nineteen September the Government of INDONESIA passed LAW No. seven year as amendments to the ACT No. Twelve years of on Copyright. In the explanation of ACT No. seven year clearly stated that amendments to ACT No.
Twelve year done because of the growing copyright infringement that could harm social life and destroy the creativity of the community.
Following the approval of LAW No. seven year the Government of Indonesia signed a number of bilateral agreements in the field of copyright as the implementation of the ACT. In the year based on the Decree of the President No.
thirty-two in the set formation of the Directorate General of Copyrights, Patents and Brands (DJ HCPM) to take over the functions and duties of the Directorate of Patents and Copyright, which is one unit of echelon II in the Directorate General of Law and Legislation, Ministry of Justice.
On the date thirteen December the Council of Representatives approved the BILL on the Patent, which subsequently passed into LAW No. six-year (Patent LAW of) by the President of the republic of INDONESIA on the date of the November. Patent LAW came into effect on one October. Ratification of the Patent LAW ending a long debate about how the importance of the patent system and its benefits for Indonesia. As stated in the consideration of the Patent LAW, a legal device in the field of patents necessary to provide protection of law and create a better climate for the activities of the discovery technology. This is because in the national development in general and in particular in the sector of the industry, the technology has a very important role.
Ratification of the Patent LAW of also intended to attract foreign investment and facilitate the inflow of technology into the country.
However, he asserted that efforts to develop a system of KI, including patents, in Indonesia it is not solely because of the pressure of the international world, but also because of the national need to create a system of IPR protection that is effective. On the twenty-eighth of August the Government of INDONESIA passed LAW No. nineteen year about the Brand (trademark ACT), which entered into force April. The trademark LAW replaced the trademark LAW. Three years later, in the Government of INDONESIA to revise the device regulations in the field of KI, namely the Copyright ACT jo. LAW No six, the Patent LAW of, and the trademark ACT. At the end of the year twenty, enacted three new laws in the field of KI, namely the ACT No. thirty years twenty on Trade Secret, LAW No. thirty-one years twenty- about the Design Industry and LAW No thirty-two Years twenty- about the Design of the Integrated Circuit Layout.
In an effort to align all laws and regulations in the field of KI with the Approval of the TRIPS, in the year twenty the Government of Indonesia passed LAW No.
fourteen years twenty on Patent, and LAW No. fifteen years twenty about the Brand. The second LAW replaces the old LAW in a related field. In the middle of the year twenty- about Copyright which replaced the old LAW and effective one year from enactment. Note: the Change in the Nomenclature of the Ministry of Law and Human Rights into the Ministry of Law and Human Rights based on Decree of the Minister Number M. Year twenty-eleven about the Adjustment of the Use of the Name of the Ministry of Law and Human Rights Republic of Indonesia.
