IP Litigation and Licensing in Indonesia for International Businesses

For international businesses, intellectual property can serve two very different purposes. It can generate commercial value through licensing, while also requiring enforcement when another party uses the rights without permission or outside agreed terms.

That makes IP litigation and licensing closely connected parts of IP management. A business may need legal support not only to structure how its IP is used commercially, but also to protect those rights when a dispute arises.

For businesses with IP interests in Indonesia, AMR Partnership provides legal support across both areas.

How IP Licensing Supports Commercial Use

Licensing allows an IP owner to authorise another party to use its intellectual property under agreed terms. For an international business, this may form part of a local market strategy involving a business partner, manufacturer, distributor, franchisee, or technology user.

The agreement needs to address the specific rights being granted and the boundaries of that use. Depending on the transaction, businesses may need to consider matters such as scope of use, duration, territory, commercial terms, ownership, and termination.

In Indonesia, licensing can also involve formal recordation with the relevant IP authority. The Directorate General of Intellectual Property maintains procedures for recording intellectual property licence agreements, while AMR’s IP practices assist with drafting or reviewing licensing agreements and recording licensing rights for different types of IP.

When an IP Matter Turns Into a Dispute

The commercial relationship does not always remain straightforward.

A dispute may arise when a business believes its IP has been used without authorisation, when a licensee exceeds the agreed scope of use, or when another party challenges the underlying rights. At that stage, the business needs to assess the available evidence, legal position, and commercial objective before deciding how to proceed.

AMR’s Litigation Practice states that it handles field investigations, court and out-of-court settlement of IP disputes, administrative proceedings before the IP Office, and legal actions before the Commercial, Civil, and Criminal Courts.

For certain IP disputes, Indonesian law provides specific routes through the Commercial Court. For example, Law No. 20 of 2016 on Trademarks and Geographical Indications provides for civil trademark disputes to be brought before the Commercial Court.

Why Litigation and Licensing May Need to Work Together

Licensing and enforcement can involve the same IP asset.

Consider a company that licenses a trademark or technology to an Indonesian business. If the licensee later uses the IP beyond the agreed terms, resolving the issue may require both contractual analysis and IP enforcement strategy.

The same can happen when a business commercialises its IP in Indonesia while monitoring the market for unauthorised use. Legal counsel may need to understand the commercial arrangement as well as the rights being enforced.

This is why international businesses may benefit from working with IP counsel that understands both transactional and contentious matters rather than treating them as completely separate issues.

AMR Partnership for IP Litigation and Licensing

AMR Partnership has specialised in intellectual property since 1986 and serves both domestic and international clients. Its current service structure includes patent, trademark, copyright, industrial design, plant variety protection, litigation, geographical indication, trade secret, IC layout design, and commercial services.

Across its IP practices, AMR provides support for licensing and assignment agreements, recordation, infringement analysis, prosecution, and litigation. Its trademark practice, for example, includes drafting and reviewing licensing or assignment contracts, recording those rights, registrability and infringement analysis, and trademark litigation.

Its patent practice similarly includes patent licensing and assignment contracts, recordation, freedom-to-operate and infringement analysis, and patent litigation.

Protecting and Commercialising IP in Indonesia

For an international business, IP strategy does not stop once a right has been registered. The same asset may later be licensed, transferred, commercialised, monitored, or enforced.

Choosing counsel that can support both IP litigation and licensing can therefore help businesses manage these different stages within the Indonesian legal framework.

AMR Partnership provides specialised IP legal support for international businesses seeking to commercialise, protect, and enforce their intellectual property rights in Indonesia.