April 6, 2018/ admin / Articles

Regulation on Recordation of License Agreements: End of a very Long Wait
After years of waiting, the Ministry of Law and Human Rights of the Republic of Indonesia has eventually issued Regulation No. 8 of 2016 on the Requirements and Procedures for the Recordation of Intellectual Property License Agreements. The issuance of this Regulation has been long expected by many IP Rights Holders and now that the Regulation has finally been issued, the provisions pertaining use by Licensee, which by Law shall be regarded as use of by the actual Rights Holder can be enforced. Accordingly, upon License Agreements that have been appropriately filed for Recordation at the DGIPR, such Agreements become legally binding to the Parties therein as well as to any third parties. Having as much rights as the actual Rights Holders, Licensee shall also reserve the rights to bring a legal action against any third party, who are presumed to be infringing the licensed IP. In general, the provisions in the Regulation are as hereunder: Recordation of License Agreements shall be made upon:
- Copyrights
- Patent;
- Marks;
- Industrial Designs;
- Layout Design of Integrated Circuits; and
- Trade Secret
- Still within the granted protection period (valid);
- Does not harm the national economic interests;
- Promotes technological development;
- Does not contradict with other prevailings laws and regulations, morality and public order.
- Copy of License Agreement or evidence thereof;
- Copy or Excerpt of the valid Registration Certificate for the relevant Patent, Industrial Design, Mark, Industrial Design, Layout Design of Integrated Circuit or Proof of Ownership of Copyright and Related Rights and Trade Secret;
- Original Power of Attorney, if Recordation is filed through a Proxy;
- Original Receipt of Payment of Recordation Fee;