Best IP Licensing & Transactions Lawyers in Kertajaya

When an intellectual property lawyer can protect a Kertajaya business deal

Businesses in Kertajaya, within Surabaya, use intellectual property rights in deals involving brand names, creative works, software, product designs, inventions, and confidential business information. A lawyer can check who owns each asset, negotiate permitted uses, and document payment, quality, and termination terms.

There is no separate Kertajaya intellectual property registry. Rights and licence recordals are handled under Indonesian national law, principally through the Directorate General of Intellectual Property (DJKI). Local business arrangements may still require careful drafting around Indonesian operations, counterparties, and dispute resolution.

A licence allows another party to use specified rights under agreed conditions; an assignment transfers ownership. The agreement should identify the rights and covered products or services, territory, duration, fees or royalties, sublicensing rules, and responsibility for infringement.

Why you may need a lawyer

• A Kertajaya café or retailer is licensing a brand for a new outlet or product line and needs clear territory, quality-control, royalty, and termination terms.

• A Surabaya business is commissioning a website, advertising campaign, or software and needs to confirm whether copyright ownership or only limited usage rights will pass to the client.

• A local manufacturer is authorising another company to use a patented process or product design, and needs limits on production, sublicensing, improvements, and confidential know-how.

• A business is negotiating with a distributor or franchise operator and needs to check that the proposed use matches its registered marks and other rights.

• A company is buying a business or product line and needs to verify that the seller owns the marks, creative works, inventions, and trade secrets included in the deal.

• A foreign brand owner is entering the Indonesian market through a Kertajaya partner and needs local advice on agreement terms, Indonesian filings, and licence recordal.

Local laws governing intellectual property agreements

These national laws apply in Kertajaya, as elsewhere in Indonesia. There is no separate municipal intellectual property licensing regime for the area.

• Law No. 20 of 2016 on Marks and Geographical Indications, promulgated on 25 November 2016, governs trademark protection and licensing. A lawyer can check the registration, ownership, and permitted use of a mark before a licence is signed.

• Law No. 28 of 2014 on Copyright, promulgated on 16 October 2014, covers works such as writing, music, photographs, films, and software. Copyright generally arises upon creation, but ownership and permission to use a work should still be documented.

• Law No. 13 of 2016 on Patents, promulgated on 26 August 2016, and amended by Law No. 6 of 2023, governs patents and patent licensing. Parties should confirm the patent’s status and define the permitted technical use.

• Government Regulation No. 36 of 2018 on Recording of Intellectual Property License Agreements provides a national process for recording qualifying licence agreements. Recordal requirements and the effect of non-recordal depend on the relevant rights and applicable rules.

Frequently asked questions

What does intellectual property licensing cover?

It covers permission to use rights such as a registered brand, copyrighted work, patent, or protected confidential information. The agreement should specify exactly which rights and uses are allowed.

Do I need a lawyer to sign a licence agreement?

Indonesian law does not require a lawyer to draft every private licence agreement. Legal review is useful where the deal involves significant fees, multiple rights, exclusivity, foreign parties, or substantial business risks.

What is the difference between a licence and an assignment?

A licence gives permission to use intellectual property while ownership usually stays with the rights holder. An assignment transfers ownership, so the parties should state clearly which arrangement they intend.

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

Copyright generally arises when a qualifying work is created, rather than only after registration. Evidence of authorship and ownership is still important, especially when a company commissions work from a freelancer or agency.

Should a licence be recorded with DJKI?

Recording may be relevant to the legal effect of a licence against third parties, and the applicable requirements depend on the type of intellectual property. A lawyer can identify whether recordal is appropriate and prepare the required filing.

What terms should a licensing agreement include?

Key terms commonly include the licensed rights, permitted uses, territory, duration, exclusivity, fees, quality controls, and sublicensing. The agreement should also address confidentiality, ownership of improvements, infringement, termination, and dispute resolution.

Can a foreign company license intellectual property in Indonesia?

Foreign companies can enter into intellectual property arrangements involving Indonesia, subject to applicable Indonesian requirements. Foreign applicants may need an Indonesian intellectual property consultant for particular filings, so confirm representation and filing rules for each right.

How much does an intellectual property lawyer cost in Kertajaya?

There is no single local rate. Fees depend on the number of rights, negotiation complexity, due diligence, translation, and any filing or recordal work; ask for a written scope separating professional fees from official charges.

How long does it take to prepare a licence agreement?

A straightforward agreement may take days or a few weeks, depending on how quickly the parties provide documents and settle terms. Due diligence, foreign-language versions, or multiple rounds of negotiation can extend the timetable.

What should be checked before licensing a brand?

Check the registered owner, registration status, relevant goods or services, and whether the proposed use fits the protected mark. Also confirm that the person signing has authority and that any existing licences or disputes are disclosed.

Can the parties choose how to resolve a licence dispute?

The agreement can set out a dispute process, such as negotiation followed by court proceedings or arbitration, subject to applicable law. The clause should identify the governing law, forum, language, and procedure clearly.

Official resources

• Directorate General of Intellectual Property (DJKI), Ministry of Law: administers Indonesia’s intellectual property services, including applications and relevant licence recordal procedures.

• Indonesia’s Intellectual Property Database (PDKI): DJKI’s official search resource for checking recorded intellectual property information, including marks, patents, and other rights.

Next steps for finding and hiring a lawyer

1. Define the deal. Within a day or two, list the rights involved, intended users, territory, duration, exclusivity, and expected payments.

2. Gather documents. Collect registration details, creator or employment agreements, prior licences, product materials, and relevant correspondence before contacting lawyers.

3. Shortlist suitable advisers. Look for an Indonesian lawyer with relevant commercial-contract and intellectual property experience; ask whether a registered intellectual property consultant is needed for filings.

4. Check credentials and conflicts. Before sharing sensitive information, verify the lawyer’s professional standing, confirm there is no conflict, and agree on confidentiality arrangements.

5. Compare written proposals. Ask two or three candidates for a defined scope, fee basis, expected milestones, and separate estimates for official charges, translation, and recordal.

6. Agree the engagement terms. Before work begins, confirm who the client is, deliverables, payment schedule, decision-making authority, and how additional negotiation or filing work will be charged.

7. Review before signing or filing. Allow time for ownership checks, revisions, and any required DJKI steps; do not authorise use of the rights until the agreement and conditions are settled.