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In Ubud, intellectual property disputes can involve artwork, crafts, gallery sales, hospitality businesses, wellness brands, and products promoted to visitors or online. Common issues include copied artwork, use of a business name or logo, unauthorised merchandise, and disputes over who owns commissioned work.
Intellectual property rights are governed nationally, not by a separate Ubud system. A lawyer can identify the relevant right, check its registration or ownership evidence, and assess whether to seek a negotiated resolution, administrative action, or court proceedings.
Some civil IP claims are heard by a designated Commercial Court, rather than a court based simply on where the business operates. The correct court and procedure depend on the right and claim, so confirm the venue before filing.
A shop or online seller is offering reproductions of an artist’s paintings, carvings, or designs without permission, and the creator needs to preserve evidence and assess possible claims.
A Ubud business finds that another operator is using a confusingly similar name or logo. A lawyer can check trademark registrations and help assess whether a warning, opposition, or court claim is suitable.
A gallery, hotel, or wellness business is using photographs, music, artwork, or promotional content without a clear licence. Advice can help establish what permission was granted and whether it covers the actual use.
A commissioned designer, photographer, or artisan disputes who owns or may reuse work created for a Ubud business. The contract, payment records, and communications may all matter.
A local business receives a cease-and-desist letter or a platform complaint alleging infringement. A lawyer can review the claim, response deadlines, and risks before the business admits liability or removes material.
A brand owner suspects counterfeit goods are being sold to tourists or shipped from Bali. Counsel can assess evidence and possible civil, administrative, customs, or criminal enforcement routes.
Law No. 20 of 2016 on Marks and Geographical Indications governs trademark protection and related disputes. It took effect on 25 November 2016 and has since been affected by later legislation, including Law No. 6 of 2023.
Law No. 28 of 2014 on Copyright protects eligible creative works, including artwork, photographs, writing, and music. It took effect on 16 October 2014; copyright generally arises when a qualifying work is created and expressed in a tangible form, rather than only after registration.
Law No. 13 of 2016 on Patents provides the framework for patent rights and patent disputes. It took effect on 26 August 2016 and has been amended, including through later Job Creation legislation; current requirements should be checked for the particular claim.
A lawyer is not always required to send a warning or discuss settlement. Legal advice is valuable when ownership is disputed, a court filing is being considered, or a response deadline or business risk is involved.
Ubud does not have a separate IP court. Certain civil IP disputes are filed in a designated Commercial Court, and the correct venue depends on the claim and applicable procedural rules.
Copyright generally arises automatically for qualifying works once created and expressed in a tangible form. Registration is not usually a condition of protection, but dated drafts, source files, contracts, and publication records can help prove authorship and ownership.
Business registration and trademark registration serve different purposes. A business name entry does not by itself establish trademark protection, so check the national trademark register and consider applying through the Directorate General of Intellectual Property.
Foreign rights holders may be able to enforce rights recognised in Indonesia, subject to the relevant law, treaties, and evidence of ownership. A lawyer should check whether the right requires Indonesian registration and who has authority to act for the owner.
Keep original files, dated drafts, contracts, invoices, registration records, and communications with the alleged user. Preserve clear screenshots, URLs, product details, and purchase records, and avoid altering files or making threats that could complicate the dispute.
There is no single standard lawyer fee for an IP dispute. Ask for a written estimate covering advice, letters, negotiation, filing, hearings, and additional costs such as translations, experts, or evidence collection.
A negotiated resolution may take weeks or longer, depending on the response and the parties’ willingness to settle. Court proceedings can take considerably longer, and appeals or enforcement steps may add further time.
Yes. A lawyer can help negotiate a licence, payment, withdrawal of disputed material, or other written settlement. Any agreement should clearly address permitted use, deadlines, compensation, and what happens if a party does not comply.
Some IP laws provide criminal enforcement, but criminal action is not suitable for every dispute and may require particular complaint or procedural conditions. A lawyer can assess the relevant offence and whether civil or administrative steps are more appropriate.
Platforms may have reporting procedures, but removal is not automatic and does not resolve ownership disputes. Provide accurate evidence of the right and alleged infringement, and consider legal advice if the seller disputes the claim or relists the goods.
Directorate General of Intellectual Property (DJKI), Ministry of Law: administers Indonesian IP services, including national trademark, copyright, and patent processes and public information about rights.
Indonesian National Police: receives reports and investigates suspected criminal conduct, including matters that may involve IP offences, subject to the requirements of the relevant law.
Directorate General of Customs and Excise: administers customs measures at the border, including applicable procedures for eligible rights holders seeking action against suspected infringing imports or exports.
Identify the right and immediate risk. Within a day or two, list the works, brands, products, or inventions involved and note any court, platform, or warning-letter deadlines.
Organise your records. Gather registrations, contracts, original files, invoices, screenshots, and a dated account of events before an initial consultation.
Shortlist lawyers who handle Indonesian IP disputes. Ask about experience with the specific right involved, Commercial Court proceedings, and disputes affecting businesses or creators in Bali.
Check qualifications and scope. Confirm the lawyer’s authority to practise in Indonesia, who will handle the matter, and whether local representation or specialist support is needed.
Discuss options and timing. At the first consultation, ask about evidence gaps, settlement prospects, filing venue, likely stages, and realistic time ranges for each route.
Agree fees in writing before work begins. Confirm the fee basis, included tasks, disbursements, tax treatment, and how additional hearings or appeals will be charged.
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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.
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