Best IP Licensing & Transactions Lawyers in Gresik

How Gresik businesses can protect value in intellectual property deals

In Gresik, intellectual property deals often support manufacturing, port-linked supply chains, food production and consumer brands. A business may license a trademark for locally made products, allow a supplier to use technical materials, or transfer rights as part of a company sale.

These deals can cover trademarks, copyright, patents, industrial designs, software and confidential know-how. The agreement should identify the rights and permitted uses, set payment and quality terms, and explain what happens when the deal ends.

Intellectual property rights are governed nationally, not by a separate Gresik registry. Registration and certain licence recordals are handled through national government processes, including those administered by the Directorate General of Intellectual Property (DJKI).

When a lawyer can help with a Gresik business deal

• A Gresik food or beverage producer wants another business to use its brand. A lawyer can define the territory, product range, quality controls and royalty terms.

• A factory or supplier needs access to technical drawings, software or confidential production methods. Advice can help distinguish a licence from a transfer and set confidentiality and use restrictions.

• A business is buying a brand, product line or company with registered intellectual property. A lawyer can check ownership, renewal status, existing licences and restrictions before completion.

• A local company wants to grant exclusive rights to a distributor or manufacturer. Legal review can clarify what “exclusive” means and whether the owner can still use the rights.

• A foreign brand owner is licensing rights to a Gresik business, or a local business is licensing rights abroad. The parties may need advice on governing law, language, payment, tax and local compliance.

• A licensee or rights owner believes the other party has breached the agreement. A lawyer can assess notice requirements, termination options, evidence and possible dispute routes.

Indonesian laws relevant to intellectual property agreements

• Government Regulation No. 36 of 2018 on the Recording of Intellectual Property Licence Agreements. Promulgated on 28 December 2018, it sets out the national recording framework for covered licence agreements. The applicable requirements depend on the type of intellectual property and the agreement.

• Law No. 28 of 2014 on Copyright. In force from 16 October 2014, it governs copyright, including licensing. Article 83 requires a copyright licence agreement to be recorded with the Minister; an unrecorded agreement has no legal effect against third parties.

• Law No. 20 of 2016 on Trademarks and Geographical Indications. In force from 25 November 2016, it governs trademark rights and licensing. Parties should check the current national recording requirements and ensure the licence matches the registered rights.

These national rules apply in Gresik as elsewhere in Indonesia. The relevant agreement may also require review under other rules, depending on the rights involved and the parties’ business activities.

Frequently asked questions

What does intellectual property licensing cover?

A licence allows someone to use specified intellectual property under agreed conditions, without necessarily transferring ownership. It can cover a brand, copyrighted work, software, patent, design or confidential know-how.

How is a licence different from an assignment?

A licence grants permission to use rights while the owner generally retains ownership. An assignment transfers ownership of the specified rights, subject to applicable legal requirements and proper documentation.

Does a licence agreement need to be recorded in Indonesia?

Recording requirements depend on the type of intellectual property and the applicable rules. Copyright Law specifically requires recording, and Government Regulation No. 36 of 2018 provides a broader framework for recording covered licence agreements.

Does recording a licence prove that the licensor owns the rights?

No. Recording a licence is not a substitute for checking ownership or the licensor’s authority to grant it. Review registration records, transfer documents and any earlier agreements before signing.

Can a small business or individual in Gresik grant a licence?

Potentially, if the person or business owns the relevant rights or is authorised to grant permission. The rights, ownership evidence and any required registration should be checked first.

Can a foreign company license intellectual property to a Gresik business?

Foreign parties can enter into cross-border licensing arrangements, but the agreement should address governing law, payment, tax, language and applicable Indonesian requirements. A lawyer should check whether sector-specific rules affect the transaction.

What should a lawyer review before a licence is signed?

Ask for a review of ownership, the scope of permitted use, territory, duration, exclusivity, payment, quality controls, confidentiality and termination. The lawyer can also assess whether recording or other filings are needed.

How much does an intellectual property lawyer cost in Gresik?

There is no single standard legal fee for these matters. Fees depend on the rights involved, negotiation work, due diligence and filing assistance; ask for a written scope and separate any government charges from professional fees.

How long does it take to prepare or record a licence?

Drafting time depends on how complex the deal is and how quickly the parties agree on terms. Any government processing time can vary, so confirm the current procedure and estimate with the lawyer before setting a completion date.

Should a licence be exclusive or non-exclusive?

An exclusive licence restricts the owner’s ability to grant the same rights to others, depending on the contract’s wording. A non-exclusive licence generally allows multiple licensees, so the agreement should state clearly what the owner may continue to do.

Can the parties use a template agreement?

A template may help identify common terms, but it may not fit the rights, business model or recording requirements involved. Legal review is especially useful for exclusivity, sublicensing, cross-border use and termination provisions.

Official resources for intellectual property and business procedures

• Directorate General of Intellectual Property (DJKI), Ministry of Law. The national authority for intellectual property administration, including registrations and applicable licence-recording procedures.

• Gresik Regency Investment and One-Stop Integrated Services Office (DPMPTSP). It can assist with local business-permit matters and connections to Indonesia’s business licensing system. It does not decide intellectual property ownership or replace DJKI procedures.

Steps to find and hire an intellectual property lawyer

1. Define the deal. Write down the rights involved, the intended use, the other party, the territory and the target signing date. This can be done before contacting lawyers.

2. Gather key documents. Collect registration certificates, ownership or transfer documents, existing contracts, product materials and any proposed agreement. Allow one to three days if records are readily available.

3. Shortlist lawyers with relevant transaction experience. Look for work involving licensing, assignments, due diligence or commercial agreements, and confirm they can advise on Indonesian law.

4. Arrange an initial discussion. Ask how the lawyer will check ownership, assess recording requirements and handle negotiations. Compare the proposed approach before choosing counsel.

5. Request a written fee proposal. Confirm the work covered, exclusions, estimated timetable and any government charges. Do this before authorising drafting or filings.

6. Review the engagement terms and begin due diligence. Agree on scope, fees and communication arrangements, then have the lawyer check title and existing commitments before finalising the contract.