A Ministerial Regulation No. 39 of 2018 on Procedures for Compulsory Patent Licensing took effect on 28 December 2018 in Indonesia. This Regulation mainly gives a clear structure to compulsory licensing in accordance with TRIPS.
In July 27, 2018, the Indonesian government enacted Government Regulation No. 36 of 2018 on the Recordal of Intellectual Property License Agreements (GR No. 36/2018). This is the first government regulation ever issued in Indonesia on the procedures for recording license agreements for copyright and related rights, patents, trademarks, industrial designs, layout designs of integrated circuits, trade secrets, and plant varieties.
Licensing is often regarded by SMEs as a cost effective way of entering the ASEAN markets. Licensing is also often seen as a way to work with local people who have the know-how to enter the market and an opportunity to tap into a local network. In some ASEAN countries, that may be the only means of entering the local market because of foreign investment restriction. These restrictions are usually meant to protect local businesses. While licensing can offer a great opportunity, there are also risks with licensing that should be considered. You should ensure that the potential licensee really is who they say they are and has the experience, resources and market reach to match your expectations.
Managing IP for your business highlights important business decisions and processes faced by European SMEs working in or with SOUTH-EAST ASIA.
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