IP Licensing & Transactions Lawyers near Wiyung

How intellectual property deals work for Wiyung businesses

For businesses in Wiyung, intellectual property licensing and transactions can involve permission to use a brand, software, designs, creative work, inventions, or confidential business information. The rights and agreements are governed mainly by Indonesian national law, even when the parties operate in Wiyung or elsewhere in Surabaya.

Transactions may include a licence, assignment, franchise-related brand permission, or a transfer of rights as part of a business deal. A lawyer can check ownership, define permitted uses and payment terms, and advise whether the agreement or licence should be recorded with the Directorate General of Intellectual Property (DJKI).

Local businesses negotiating with suppliers, creative agencies, franchise operators, or online sellers should check that the person granting rights actually owns or controls them. Clear terms can help prevent disputes over territory, duration, quality standards, royalties, and what happens when the agreement ends.

When you may need an intellectual property lawyer

• A Wiyung cafe or retailer wants to use another business's name, logo, photographs, or menu materials and needs permission with clear limits.
• A Surabaya business is considering a franchise or brand licence and needs to check the licensor's rights, fees, operating conditions, and termination terms.
• A local manufacturer or product business is negotiating to use a design, technical know-how, software, or a supplier's confidential information.
• A designer, photographer, software developer, or marketing agency needs a contract that states who owns commissioned work and what the client may reuse.
• A business plans to sell or transfer a brand or other intellectual property and needs to check ownership records, existing licences, and transfer formalities.
• A licence dispute has arisen over unpaid royalties, use beyond the agreed scope, poor quality control, or continued use after termination.

Indonesian laws relevant to intellectual property transactions

Government Regulation No. 36 of 2018 on Recordation of Intellectual Property Licence Agreements was promulgated on July 26, 2018. It sets out procedures for recording covered licence agreements with the Minister responsible for intellectual property, through DJKI.

Law No. 20 of 2016 on Trademarks and Geographical Indications took effect on November 25, 2016. It governs trademark rights and licensing; the parties should check applicable recordation requirements and whether the proposed use matches the registered rights.

Law No. 28 of 2014 on Copyright took effect on October 16, 2014. It governs rights in works such as photographs, music, writing, and software, and is relevant to licences and transfers involving those works.

Frequently asked questions

Do I need a lawyer to sign an intellectual property licence?

Indonesian law does not generally require every business to hire a lawyer before signing a licence. Legal review is useful when the deal involves substantial fees, important brand or technology rights, exclusivity, or unclear ownership.

Can a business in Wiyung license intellectual property to a company elsewhere in Indonesia?

Yes. The parties can generally agree on a licence covering a defined area, including all of Indonesia, subject to the rights involved and applicable rules. The agreement should specify territory, permitted uses, duration, and any limits on sublicensing.

What should an intellectual property licence include?

It should identify the rights and owner, describe the permitted use, and set out territory, duration, fees, reporting, quality controls, and termination terms. It should also address ownership of improvements, confidentiality, infringement response, and any required recordation.

Does a licence have to be recorded with DJKI?

Indonesian rules provide for recordation of covered intellectual property licence agreements, and recordation can affect the agreement's legal effect toward third parties. Requirements vary by right and agreement, so have the specific transaction checked before relying on it.

How much does it cost to hire a lawyer?

There is no single fixed legal fee for these matters in Wiyung. The cost depends on whether the work involves a review, drafting, negotiation, ownership checks, recordation, or a dispute; ask for a written scope and fee estimate.

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

A straightforward contract may be negotiated in days or weeks, while complex deals can take longer. DJKI processing times depend on the application, documents, and any requests for correction, so confirm current timing and fees before filing.

Can I license a brand before checking its registration?

Do not assume that a business name or logo is protected or controlled by the person offering it. Check the relevant ownership records and the proposed licensor's authority, then confirm that the rights cover the goods or services and uses in the deal.

Who owns work created by a designer or software developer?

Ownership depends on the type of work, the parties' relationship, applicable law, and the contract. The written agreement should clearly state whether rights are assigned or licensed, what uses are allowed, and whether the creator may reuse the work.

Can a licence agreement be written in English?

For agreements involving Indonesian parties, Indonesian language requirements may apply under national law. Parties may use a bilingual agreement, but should have the Indonesian text reviewed and ensure both versions express the same terms.

What is the difference between an assignment and a licence?

An assignment transfers rights, while a licence gives permission to use rights under agreed conditions. The agreement should state which arrangement is intended and address any registration or recordation formalities that apply.

Can a lawyer help if a licensee keeps using a brand after termination?

Yes. A lawyer can review the agreement and evidence of use, send a demand, and advise on available dispute-resolution or enforcement options. The appropriate response depends on the contract, the rights involved, and the facts.

Official resources

• Directorate General of Intellectual Property (DJKI), Ministry of Law of the Republic of Indonesia: administers national intellectual property services, including rights information and applicable licence-recordation procedures.
• Surabaya City Investment and One-Stop Integrated Services Office (DPMPTSP): provides information and services related to local investment and business licensing; it does not replace national intellectual property registration or legal advice.

Next steps for finding and hiring a lawyer

1. List the rights and deal points. Identify the brand, work, invention, software, or confidential information involved, the parties, intended uses, territory, and proposed payment.
2. Gather documents. Collect registration details, creation or ownership records, existing contracts, correspondence, and any proposed licence or transfer documents. Allow a few days if records need to be located.
3. Shortlist lawyers serving Wiyung or Surabaya. Look for lawyers who handle intellectual property agreements and the relevant type of right, rather than relying only on general business-law experience.
4. Check fit and credentials. Ask about comparable transactions, who will do the work, how conflicts are checked, and whether the lawyer can handle Indonesian-language documents and DJKI procedures where needed.
5. Request a written scope and fee estimate. Confirm what is included, such as ownership checks, drafting, negotiation, filing, translation review, and follow-up. Compare proposals before authorising work.
6. Have the documents reviewed before signing. Build in time for questions and negotiation; a simple review may take days, while a multi-party transaction can take weeks.
7. Complete any required formalities and keep records. Confirm whether recordation or other filings apply, arrange them with the lawyer, and retain signed copies, payment records, and filing confirmations.