Proposed Revisions Of Laws On Ipr Up For Legislation In 2010
The Directorate General of Intellectual Property Rights (DGIP) is now working on final drafts for the amendment of four existing Laws on intellectual property laws; which are the Law no. 31 of 2000 concerning Industrial Designs, Law no. 14 of 2001 concerning Patents, Law no. 15 of 2001 on Marks, and Law no. 19 of 2002 concerning Copyrights.
Being at the final stages of drafting, the DGIP is still waiting for stakeholders of Indonesian IPR system to submit their final additional inputs or considerations for the improvement of the proposed law. It is also reported that the draft for revision of the Law no. 15 of 2001 concerning marks has now been finalized.
According to the formal procedures for national legislation in Indonesia, a new law or an amendment to an existing law can be initiated by the relevant government bodies/agencies, which in the case of intellectual property rights administration is the DGIP of the Department of Laws and Human Rights. Once a draft is finalized, it will be included and lined in the legislation program administered by the Department of Laws and Human Rights, waiting to be introduced and processed as a Bill at the House of Representatives.
Albeit the DGIP optimism that all drafts can be finalized and thus lined for submission to the House of Representatives in this very year, it is likely that the legislation phase at the House itself will not start until at least early 2010 along with other proposed laws, due to the upcoming schedule of General Election in April 2009 to elect members of the House of Representatives at all levels as well as members of the House of Regional Representatives, another chamber of Indonesian parliament concerned with regional matters, for the next five-year period of 2009-2012.
A General Election for President and Vice President will follow on July, with possibility for a second round in September if no candidate reach absolute majority during the first take.
As for the substantial issues of the revision and for patent in particular, the DGIP during a recent teleconference with the US Trade Representatives re-affirmed its official position that secrecy of exclusive data containing clinical tests result of pharmaceutical patents will still be excluded from the Indonesian patent protection regime under the proposed revision. The DGIP reject to suggestion to extend patent protection as to include protection of such exclusive data even after the expiration of the respective patent.
While the DGIP itself is not against protecting the owner’s interests upon the secrecy of the data, the national IPR administering body contends the matter shall be regulated outside the IP system, for which the authority shall belong to different government agency, i.e. Badan POM (The National Agency of Drug and Food Control).