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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Bangkalan, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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When a Bangkalan business should put an intellectual property deal in writing

In Bangkalan, intellectual property agreements can help local producers, shops, manufacturers, and service businesses control how others use their brands, creative work, designs, or technical know-how. Common transactions include permission to use a trademark, a copyright licence for marketing material, or a transfer of ownership when a business is sold.

For example, a batik maker or food producer may license a brand to a distributor, while a salt or fisheries business may share confidential production methods with a partner. The agreement should identify the rights, permitted uses, territory, duration, payment, quality controls, and consequences of breach.

IP rights are generally registered or recorded through Indonesia’s national system, not a separate Bangkalan registry. A local lawyer can help check ownership, prepare a contract, and coordinate filings with the Directorate General of Intellectual Property (DJKI).

Situations where a Bangkalan business may need an IP lawyer

A lawyer may be useful when a Bangkalan business is negotiating a licence, assignment, franchise arrangement, or collaboration involving intellectual property. Practical reasons to seek advice include:

  • A producer wants a distributor to use its brand across Bangkalan or elsewhere in Indonesia, but needs limits on product quality, territory, and sublicensing.
  • A business plans to use a local product name or logo and needs to check whether another party has registered a similar trademark.
  • A creative business is paying for packaging, photography, a website, or promotional material and needs clear terms on who owns the resulting copyright.
  • A manufacturer is sharing a recipe, process, customer list, or other confidential know-how with a supplier or business partner.
  • A business is buying a brand or taking over operations and needs to confirm that the seller owns the rights and can transfer them.
  • A licence has been signed but not recorded, or a partner is using the licensed material beyond the agreed scope.

Indonesian laws that govern IP agreements in Bangkalan

National intellectual property laws apply in Bangkalan. The Law No. 20 of 2016 on Trademarks and Geographical Indications took effect on 25 November 2016. It governs trademark registration and licensing; trademark licence recordation is important for legal effect against third parties.

Government Regulation No. 36 of 2018 on the Recordation of Intellectual Property Licence Agreements sets out rules for recording licence agreements with the relevant ministry. A lawyer can check whether the agreement and supporting documents meet the applicable requirements.

The Law No. 28 of 2014 on Copyright took effect on 16 October 2014. It covers copyright ownership, transfer, and licensing, including written licence terms and recordation rules.

Frequently asked questions

What does an intellectual property lawyer do for a Bangkalan business?

The lawyer can identify which rights are involved, review ownership and registration records, and draft or negotiate the agreement. They can also advise on recording a licence with DJKI and steps to address a suspected breach.

Do I need a lawyer to sign an IP licence?

Indonesian law does not generally require every business to hire a lawyer to sign a licence. Legal review can reduce risks around ownership, payment, permitted use, termination, and recordation.

Can a small business in Bangkalan license its brand?

Yes, if it owns or is authorised to license the relevant rights. Before signing, check the trademark record, identify the correct owner, and describe the products, territory, duration, and uses covered.

Does a licence need to be recorded in Indonesia?

Recording requirements depend on the type of right and the applicable rules. Trademark and copyright licences have recordation provisions, and recordation can affect whether the agreement has legal effect against third parties.

How long does it take to record a licence?

Processing time depends on the right, completeness of the documents, and the ministry’s current procedures. Allow time for document preparation and possible requests to correct or supplement the filing; a lawyer should confirm current processing estimates.

What does an IP licensing lawyer cost in Bangkalan?

Professional fees depend on the work, such as a document review, negotiation, drafting, or filing assistance. Government filing charges, if applicable, are separate, so ask for a written scope and fee estimate before work begins.

Is copyright registration required before I license a design or photograph?

Copyright protection generally arises when an eligible work is created and expressed in a tangible form; registration is not a general prerequisite to protection. Keep evidence of creation and ownership, and ensure the licence clearly identifies the work and permitted uses.

Can a foreign company enter into an IP licence with a Bangkalan business?

Cross-border licensing is possible, but the parties should address governing law, payment, tax, language, territory, and Indonesian recordation requirements. A foreign applicant for an Indonesian trademark generally must apply through an Indonesian intellectual property consultant.

What should I check before buying a brand or taking a licence?

Check the registered owner, status and scope of the rights, existing licences, and any dispute or restriction. The agreement should also state whether rights are being transferred or merely licensed, and whether sublicensing is allowed.

Is a franchise agreement the same as an IP licence?

No. A franchise arrangement may include permission to use trademarks and business methods, but it also involves broader business-system and regulatory issues. The contract should distinguish the IP permissions from operational obligations and comply with applicable Indonesian franchise rules.

Can a Bangkalan product name qualify for geographical indication protection?

Potentially, if the product has qualities, reputation, or characteristics linked to its geographical origin and the registration requirements are met. A lawyer can help assess evidence and coordinate with producers, but a place name alone does not guarantee protection.

Official resources for IP and business matters

  • Directorate General of Intellectual Property (DJKI): Indonesia’s national authority for intellectual property applications, records, and information on licensing procedures.
  • Bangkalan Regency Investment and One-Stop Integrated Services Office (DPMPTSP): Provides local business-permitting services and information; it does not grant national IP rights.
  • East Java Regional Office of the Ministry of Law: A regional point of contact for ministry services and information. Confirm directly which IP services are available locally.

Next steps to find and hire an IP licensing lawyer

  1. List the rights and deal. Identify the brand, work, design, invention, or confidential information involved, and whether the deal is a licence, transfer, or collaboration. Allow one or two days.
  2. Gather records. Collect registration details, proof of ownership, draft contracts, payment terms, and relevant correspondence. This can take several days, depending on the records available.
  3. Shortlist lawyers. Look for Indonesian lawyers who handle IP agreements and can advise on DJKI procedures. Ask about experience with the relevant right and cross-border issues, if applicable.
  4. Compare written proposals. Request the scope, deliverables, estimated timeline, professional fees, and separate government charges. Compare proposals before authorising work.
  5. Ask for a rights and risk review. Have the lawyer check ownership, registration status, existing permissions, and proposed business terms before signing. Allow several days for an initial review.
  6. Negotiate and sign. Confirm the permitted use, territory, term, payment, quality controls, confidentiality, termination, and dispute process in the final agreement.
  7. Complete required filings. Ask the lawyer to confirm whether recordation or another filing is required, submit complete documents, and keep proof of submission and the signed agreement.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.