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E. Relevant
International Agreements
1. Investment
Guarantee and protection Agreements
The
government provides investment guarantees
to foreigners investing in their country.
In most cases, the guarantees cover compensation
in case of nationalization or expropriation,
damages or loses caused by incidents of
war, revolution or insurrection, and payment
for any approved remittance pursuant to
the investment case of non-convertibility
of the currency of the host country.
To
provide security for foreign investment,
the Government of Indonesia concludes Investment
Guarantee Agreement (IGA) with ASEAN governments.
Indonesia signed bilaterally the Investment
Promotion and Protection Agreements with
55 countries, namely: Argentina, Algeria,
Australia, Bangladesh, Belgium/Luxemburg,
Cambodia, Chile, People’s Republic
of China, Cuba, Czechoslovakia, Denmark,
Egypt, Finland, France, Germany, Hungary,
Italy, India, Jamaica, Jordan, Democratic
People’s Republic of Korea, South Korea,
Kyrgyztan, Lao DPR, Malaysia, Morocco, Mauritius,
Mozambique, Mongolia, The Netherlands, Norway,
Pakistan, The Philippines, Poland, Qatar,
Romania, Singapore, Slovak Republic, Spain,
Sri Lanka, Sudan, Suriname, Syria, Sweden,
Switzerland, Thailand, Tunisia, Turkey,
Turkmenistan, Ukraine, United Kingdom, Uzbekistan,
Vietnam, Yemen, Zimbabwe.
To
create a favorable international investment
climate, Indonesia has also signed multilateral
agreements , thereby promoting foreign direct
investment in Indonesia. Indonesia is now
a member of the Multilateral Investment
Guarantee Agency (MICA), which will protect
investment against various political risks.
To
deal with foreign investment disputes, Indonesia
has become a signatory of the International
Center on the Settlement of Investment Disputes
(ICSID).
2.
Intellectual
Property Rights
Indonesia
has made great progress on intellectual
property protection since 1986. Indonesia
is a member of the World Intellectual Property
Organization and is party to certain sections
of the Paris Convention for the Protection
of Intellectual Property. Pursuant to the
obligation under the Agreement on Trade-Relation
Aspect of Intellectual Property Rights (TRIPs),
one of the Uruguay Round Agreements, Indonesia
has amended Patent Law, Copyrights Law and
Trademark Law in 1997.
Patent
Indonesia
‘s first patent law entered into effect
on August 1, 1991 but then it was replaced
on august 1, 2001 by Law No. 14 of 2001.
The law and its implementing regulations
outline patent applications, procedures,
application fees, registration of patent
consultants, and patent announcements. Products
and production processes are in principle
patentable subject to certain requirements.
The law provides protection for a period
of 20 years for Patent and 10 years for
Simple Patent, both of which cannot be extended.
Trademarks
A
trademark act took effect on April 1, 1993
and amended by Law No. 15 of August 2001.
This act is intended to provide greater
protection for well-known foreign and Indonesian
marks, and to prohibit the use of deceptively
similar marks. The act states that trademark
rights are determined on a first file basis
rather than on a first use basis. The trademark
is valid for 10 years from the date of file
but can be extended. After registration,
the trademark must be actually used in commerce.
The deletion of registered trademark from
the general list of trademark can be undertaken
either the trademark holder initiative or
by the trademark office if trademark is
not used within 3 years.
Copyrights
In
1987 and 1997, the House Representative- Dewan Perwakilan
Rakyat (DPR) passed two amendments to the 1982 Copyright
Law. The amended law affords protection to people’s
creation on science, art and literature, expands the
scope of coverage and raises the terms of protection
for most categories of works to international standards.
The copyright remains valid under the following:
- As
long as the author’s life and until
50 years from the date of his death:
for books, flyer, paper/write, seminar,
lecture, speech, and the like, performance
(music, Java traditional music/karawitan,
drama, dance, people or puppet performance/pewayangan,
pantomime, choreography, created song
or music with or without lyrics, arts
(painting, statue) batik arts, architecture,
map, translation, interpretation, and
excerpts, writing and work of arts.
- 50
years from the date of the copyright
notification: for broadcasting creation
used such as on TV, radio, video, and
movie, created song or music with or
without lyric, recorded voice or sound,
arts (painting, statue): cinematography,
computer program
- 25
years from the date of copyright notification:
for photography, computer programs, and
cover design
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