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DFA Law Firm
Office in Yogyakarta, serves Bantul, Indonesia

Founded in 2018
30 people in their team
Indonesian
Firma Hukum “DFA LAW FIRM”, Advokat dan Konsultan Hukum telah berdiri sejak Tahun 2016 Berdasarkan SK. MENTERI HUKUM DAN HAK ASASI MANUSIA RI NO. AHU-0000153-AH.01.18 Tahun 2018 Firma Hukum “DFA LAW FIRM” meskipun secara resmi baru berdiri sejak Tahun 2018, namun “DFA LAW FIRM”...
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When a Bantul business should put an intellectual property licence in writing

In Bantul, intellectual property transactions often arise when batik makers, pottery workshops in Kasongan, food producers, designers, or small manufacturers let another business use a name, design, artwork, or production method. A licence can set out who may use the asset, for which products and locations, for how long, and on what payment terms.

Agreements may cover trademarks, copyright, industrial designs, patents, or trade secrets. Before signing, parties should confirm who owns each asset and whether it is registered where registration is available. A written agreement can also address quality control, confidentiality, permitted changes, royalty reporting, and what happens when the arrangement ends.

Applications and licence recordal are handled through Indonesia’s national intellectual property system, not a separate Bantul registry. The Directorate General of Intellectual Property (DJKI) administers national services; local business services may assist with business matters but do not replace DJKI procedures.

Why you may need an intellectual property lawyer

  • A pottery workshop in Kasongan is letting a retailer use its brand and product photographs. A lawyer can clarify permitted uses, payment, credit, and responsibility for copying or misuse.
  • A batik producer plans to let another workshop reproduce patterns or apply its label. Advice can help separate rights in the artwork from rights in the brand and set production and quality limits.
  • A Bantul food business is licensing its name or packaging design to a distributor. The agreement should address territory, online sales, quality checks, and who handles complaints or regulatory issues.
  • A small manufacturer wants to use a patented process, product design, or confidential production method. A lawyer can help check ownership, define access, and protect confidential information.
  • A local creator has received a proposed collaboration or franchise-style agreement. Legal review can identify broad exclusivity, unclear royalties, or clauses that transfer ownership rather than grant limited permission.
  • A licensee or rights owner believes the other party has exceeded the agreed use. A lawyer can review the contract, preserve relevant records, and assess negotiation or formal dispute options.

Indonesian laws that govern intellectual property licensing

Intellectual property rights in Bantul are governed mainly by national law. There is no separate Bantul intellectual property licensing code.

  • Law No. 28 of 2014 on Copyright has been in force since 16 October 2014. It governs copyright ownership and exploitation, including licences for works such as photographs, artwork, music, and written material.
  • Law No. 20 of 2016 on Marks and Geographical Indications has been in force since 25 November 2016 and was amended, including by Law No. 6 of 2023 on Job Creation. It governs trademark rights and related transactions.
  • Government Regulation No. 36 of 2018 on the Recording of Intellectual Property Licence Agreements was promulgated on 28 December 2018. It sets rules for recording licence agreements; an agreement that is not recorded has no legal effect against third parties under the regulation.

Frequently asked questions

Do I need a lawyer to license intellectual property in Bantul?

Indonesian law does not generally require a local business to hire a lawyer to make a licence agreement. Legal advice can be useful where ownership is disputed, several rights are involved, or the deal includes exclusivity, royalties, or foreign parties.

What can be licensed?

Depending on the rights involved, a licence may allow use of a trademark, copyrighted work, patent, industrial design, or trade secret. The agreement should identify the specific asset and permitted uses rather than referring vaguely to a business’s intellectual property.

Does a copyright need to be registered before it can be licensed?

Copyright protection generally arises when a qualifying work is created and expressed in a form that can be perceived, rather than only upon registration. Registration can provide useful evidence, but it is not what creates the copyright.

Must a licence agreement be written?

A written agreement is strongly advisable because it records the rights granted, payment terms, duration, and restrictions. It also gives the parties a clearer basis for addressing misunderstandings or alleged breaches.

Does a licence have to be recorded with DJKI?

Government Regulation No. 36 of 2018 provides for recording licence agreements with the relevant ministry. Under that regulation, an unrecorded licence agreement has no legal effect against third parties.

How long does it take to complete a licence transaction?

Timing depends on how quickly the parties confirm ownership, agree on commercial terms, and provide documents. A straightforward agreement may be prepared and negotiated within days, while multi-party negotiations or recordal can take longer.

What does it cost to hire a lawyer?

There is no single fixed lawyer fee for an intellectual property transaction in Bantul. Fees depend on the number and type of rights, the work required, negotiations, and any recordal; government charges, if applicable, are separate.

Can an individual creator or small business license intellectual property?

Yes, provided the person or business owns the relevant rights or has authority to grant permission. Parties should check co-ownership, employment arrangements, and prior agreements before signing.

Can a licence cover all of Indonesia or sales abroad?

The agreement can specify its territory, such as Indonesia or named export markets. The parties should also check whether the relevant right is protected in each country where use is planned, since Indonesian rights do not automatically provide protection worldwide.

What should a royalty clause explain?

It should state how royalties are calculated, when they are paid, what sales or uses count, and what records support the calculation. The parties may also set reporting, audit, tax, and late-payment terms.

Can a licence be ended if the other party misuses the brand or work?

That depends on the contract and the applicable law. A clear agreement should identify breaches, notice and cure periods, termination rights, and the steps required to stop use after termination.

Official resources

  • Directorate General of Intellectual Property (DJKI), Ministry of Law: administers national intellectual property services, including applications and recording licence agreements.
  • Bantul Regency Investment and One-Stop Integrated Services Office (DPMPTSP): provides local business licensing and investment services. It is not the national authority for registering intellectual property or recording licences.

Steps to find and hire an intellectual property lawyer

  1. List the assets and deal. Identify each brand, work, design, invention, or confidential method, and write down what the other party wants to do with it. Allow a few days to gather the information.
  2. Collect ownership records. Find registration details, creation files, employment or contractor agreements, earlier licences, and correspondence. Note any co-owners or third-party material.
  3. Shortlist lawyers with relevant work. Look for experience drafting or reviewing Indonesian intellectual property licences and handling DJKI recordal. Ask about experience with the relevant industry and type of right.
  4. Compare scope, fees, and timing. Request a written proposal describing contract review or drafting, negotiation, recordal assistance, exclusions, and billing. Compare proposals before authorising work.
  5. Agree on commercial terms before final drafting. Confirm permitted uses, territory, duration, exclusivity, royalties, quality control, confidentiality, and termination. Negotiations may take days or several weeks, depending on the parties.
  6. Review, sign, and complete recordal. Check the final agreement and supporting documents before signing, then ask the lawyer to arrange any required DJKI recordal. Keep signed copies and payment and royalty records.

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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.