You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 3, 2016

Recordation of IP License Agreements in Indonesia: Analysis of the New Regulations

Subscribe to Updates
Informed Counsel

Indonesia has set out, for the first time, regulations on the procedures to record license agreements for trademarks, patents, copyright, and industrial designs. Although there was previously a requirement to record license agreements, recordation was not actually possible in practice due to a lack of implementing regulations and guidelines.

Past Practices

In the past, instead of recording IP license agreements, trademark owners would file their license agreements to obtain an official stamp on the documents as evidence of good faith. Trademark owners went ahead with filing their license agreements, despite the fact that it was unclear whether or not they were enforceable against third parties. Filing a license agreement, however, was not considered as official recordation, because the process should have involved:

  • making a request to record a license agreement at the Directorate General of Intellectual Property (DGIP);
  • paying the prescribed fees; and
  • obtaining an examination of the application to record the license agreement.

An IP license agreement would only be considered as officially recorded if these steps were properly taken and successfully fulfilled, but this was not previously possible due to a lack of implemented regulations and guidelines.

New Ministerial Regulation

In an effort to curb these problems, on February 24, 2016, the Ministry of Law and Human Rights issued a Ministerial Regulation on the Requirements and Procedures for Recordation of Intellectual Property License Agreements (Ministerial Regulation). This is an important development, because without recordation, license holders do not have the right to enforce their IP rights under a license agreement against infringers.

In fact, IP license agreements that are not recorded are not recognized by any third party. For example, a licensee’s use of a registered mark under an unrecorded license agreement is not considered as actual “use” by the IP owner. This can lead to the cancellation of the trademark’s registration based on non-use (after three consecutive years), even if the mark was used by a non-recorded licensee.

Under the Ministerial Regulation, a recorded IP license agreement will be valid across the entire territory of the Republic of Indonesia, unless agreed otherwise, for a period of five years. Although the licensor and licensee may agree on a longer term of validity, recordation of the license agreement would only be valid for five years, and  it must not exceed the term of protection of the concerned intellectual property. Recordation can be extended, subject to the payment of fees in accordance with the provisions of applicable laws. 

In addition to licensing whole trademark registrations, it is possible to license part of the goods or services of a registration. It is also not mandatory for a licensor to grant an exclusive license to only one licensee—the licensor may continue to use the licensed IP or grant additional licenses to other parties, unless agreed otherwise. Sublicenses by licensees are also permitted.

Requirements and Procedures

The Ministerial Regulation introduces a number of requirements and procedures for the recordation of IP license agreements. Recordation can be done either electronically through the DGIP’s official website or by submitting a hard copy version of the required documents to the DGIP.

In addition to the basic documents that are required, such as a power of attorney and a copy of the IP registration certificate, a copy or proof of the license agreement must also be submitted to the DGIP. In interpreting a “copy or proof” of the license agreement, it is presumed that a short-form license agreement can be submitted instead of a copy of the original license agreement, in order to maintain party confidentiality and reduce translation costs. A short-form license agreement should be submitted in both English and Indonesian, because under the law, Indonesian is the official language for transactions and commercial documents.

Under the Ministerial Regulation, the DGIP will examine each recordation application to determine the completeness of the required documents within ten working days after an application is filed. At this point, it is unknown whether the DGIP would be able to complete the examination within the stipulated period of ten days, because for other types of recordation such as Recordal of Assignment or Recordal of Name/Address Change, it normally takes the DGIP more than one year to issue a Certificate of Recordal.

After examining a recordation application, if the DGIP determines that the required documents are complete, the Minister will record the license agreement in the General Register for each respective type of IP. On the other hand, if certain required documents are missing, the application will be returned to the applicant to provide the required documents within a prescribed period. If the deadline is not met, the recordation will be abandoned. It is, however, possible to re-file the application to record the license agreement, but this comes with prescribed official fees.

Registrants who submitted a license agreement to the DGIP prior to the Ministerial Regulation’s enactment should re-file their agreement in accordance with the new requirements and procedures. This will ensure greater legal certainty and the recognition of license agreements by third parties.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

April 21, 2026
Vietnam continues to refine its intellectual property framework to align with the 2025 amendments to the Law on Intellectual Property (IP Law). On March 31, 2026, the government issued Decree 100/2026/ND-CP (Decree 100), which substantially amends Decree 65/2023/ND-CP detailing the implementation of the IP Law (Decree 65). On the same day, the Ministry of Science and Technology released Circular 10/2026/TT-BKHCN (Circular 10), providing detailed procedural guidance and new forms. Both instruments took effect on April 1, 2026, along with the amended IP Law. While the updates touch on every IP right, trademark owners and brand strategists will find several practical and forward-looking changes that directly affect filing strategy, examination timelines, portfolio management, and enforcement readiness. 1. Fast-Track Substantive Examination for Eligible Applications One of the most business-friendly innovations is the new fast-track substantive examination pathway for applications meeting specified eligibility criteria. Successful fast-track applications enjoy a shortened substantive examination period of three months. This offers a significant competitive edge for tech-driven or regulated-sector brands. If the mark is identical or similar to a mark in another person’s trademark application with an earlier filing date in the case of a priority application that has not yet been processed, the fast-track process will return to the ordinary process. However, the law does not touch on cases where marks under fast-track examination face office action due to other reasons (i.e. lack of distinctiveness, confusingly similar to others’ copyright, trade name, industrial design, etc.) 2. AI-Generated Trademarks Receive Clear Protection Pathway Decree 100 explicitly addresses the use of artificial intelligence (AI) in IP creation, amending Article 10a of Decree 65 to confirm that trademarks created with AI systems are fully protectable, provided they meet the standard requirements of registration. Trademarks face no additional “human authorship” hurdle (unlike patents or industrial designs). Brand owners
Read More
April 20, 2026
Myanmar’s industrial design registration regime has been steadily gaining momentum since the country officially began accepting applications under the Industrial Design Law of 2019. The Industrial Design Division of Myanmar’s Intellectual Property Department (IPD) has actively advanced examination and registration procedures, and as of March 2026, approximately 300 industrial design applications have been published in the IPD’s publicly accessible database—a meaningful milestone in the development of Myanmar’s emerging intellectual property framework. This figure reflects only published applications; additional filings remain pending and will be published after the conclusion of ongoing examination. Filing Requirements in Practice Compliance with a defined set of mandatory requirements is the foundation for filing a valid design application. These mandatory particulars must be provided at the time of filing in order to establish a filing date. These include the applicant’s and creator’s identifying details, a notarized appointment of representative form, the Locarno Classification of the associated product, and a set of graphic representations of the design across multiple standard views. Applicants must also provide a written description of the design and, where applicable, information relating to any priority claim or request for deferred publication. Filing fees are payable at the time of submission. Beyond these core requirements, applicants typically need to provide supplementary documentation, either at the time of filing or in response to a formality examination. This may include evidence of the applicant’s legal entitlement to the design—particularly where the applicant and creator are different parties—as well as supporting corporate and authorization documents. Where priority rights are claimed, the relevant documents must generally be submitted within three months of the Myanmar filing date, with certified English translations required for any non-English priority applications. The supplementary requirements may vary depending on the nature of the application and the examiner’s requests during the formality examination process.
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More