Market Entry in Indonesia Starts with Copyright and Trademark Protection

Entering Indonesia without an intellectual property (IP) strategy can expose businesses to unnecessary legal and commercial risks. Before launching products or services, foreign businesses should understand how Indonesian copyright and trademark laws work, as each protects different business assets and follows different legal frameworks.

Copyright vs. Trademark: Understanding the Difference

Original creative works, such as software, books, photographs, videos, music, and architectural works, are protected by copyright. In Indonesia, copyright is governed by Law No. 28 of 2014 on Copyright.

Trademark protection applies to signs that distinguish goods or services, including business names, logos, product names, slogans, or other brand identifiers. Trademarks are regulated under Law No. 20 of 2016 on Trademarks and Geographical Indications.

Understanding this distinction is essential because protecting creative content does not automatically protect a brand, and registering a trademark does not create copyright protection over creative works.

How Copyright and Trademark Protection Works in Indonesia

Although both are forms of intellectual property, copyright and trademark are protected differently under Indonesian law.

Under Law No. 28 of 2014, copyright protection arises for works that meet the legal requirements under the Copyright Law. Meanwhile, trademark rights are obtained through registration under Law No. 20 of 2016, making registration an important step for businesses that want legal protection for their brands.

Indonesia is also a member of the Madrid Protocol, allowing eligible applicants to seek trademark protection in multiple member jurisdictions, including Indonesia, through the international trademark registration system. This can be particularly relevant for businesses managing trademarks across several countries.

Intellectual Property Should Be Part of Your Market Entry Strategy

Many businesses prepare their market entry by evaluating regulations, distribution channels, and commercial opportunities. Intellectual property deserves the same level of attention.

Before entering Indonesia, businesses should identify which intellectual property assets require protection, such as trademarks, marketing materials, software, product designs, or other original works. Reviewing ownership and preparing an appropriate filing strategy before commercial launch can also help support future business activities.

Taking these steps early provides greater legal certainty and helps businesses manage their intellectual property portfolio more effectively as operations expand.

Protecting Intellectual Property Is Also Protecting Business Value

A strong brand is often one of a company’s most valuable business assets. Likewise, original creative works—including digital content, software, and marketing materials—can represent significant commercial value.

Protecting these assets is not only about complying with legal requirements. It also supports licensing, commercialization, business partnerships, and long-term brand development. Businesses that understand how copyright and trademark protection works are generally better positioned to manage intellectual property throughout their expansion into Indonesia.

Work with Local IP Professionals

Understanding Indonesian intellectual property regulations may require local legal knowledge, particularly when businesses are entering the market for the first time.

AMR Partnership has nearly 40 years of experience in intellectual property practice, handling more than 135,000 trademark matters and 13,000 patent matters. The firm is also a member of international organizations, including INTA, APAA, AIPPI, and the ASEAN Intellectual Property Association, supporting businesses in protecting and managing their intellectual property in Indonesia.