Januar Jahja & Partners

Indonesian IP Office Announces Surprise Official Fee Increase

On 10 November 2016, the Indonesian IP Office announced an increase in various official fees to take effect the following day, 11 November 2016. There was no prior notice given of this increase.

The fee increases are based on Government Regulation No. 45/2016 Regarding Non-Taxable State Revenue, which was signed by Indonesian President Joko Widodo and Law & Human Rights Minister Yasonna Laoly.

Therefore, based on this Government regulation, as of 11 November 2016, official fees have increased for various activities such as filing and renewing trademark applications, as well as filing patent and simple patent applications.

These fee increases coincide with the passage of the new Indonesian Trademark Law, which will come into force on 26 November 2016. While we will issue a separate client alert on the main provisions in the new Trademark Law, below is a brief summary of some key points:

  • Renewal of trademarks is now possible from 6 months before the expiry date to 6 months after the expiry date (previously, there was no grace period for renewal after the expiry date);
  • The opposition period has been shortened to 2 months and will take place as soon as all formality requirements have been met (but before any substantive examination);
  • Non-traditional trademarks (e.g., 3D marks, sound marks, etc.) will be registrable;
  • Recordals of name/address change and/or assignment will be able to be made against pending applications; and
  • Indonesia will join the Madrid Protocol but this is subject to corresponding government regulations to be issued within the next 2 years.

If you have any questions on the above and/or would like to request our updated Schedule of Charges, please contact us at januar@jahja.com.