Clarity needed on patent licencing in Indonesia
in IndonesiaTrade barrier summary
On 28 December 2018, the Ministry of Law and Human Rights in Indonesia released Regulation No. 39 concerning the procedures for granting of compulsory licensing under the Patent Law (Law 13/2016). The regulation sets out that the Minister may require a new licence if:
- the patent holder did not manufacture their product or process in Indonesia within 3 years of the patent being granted
- the patent was used detrimentally to the public interest
- the patent for an improvement cannot be implemented without another party's patent, which is still under protection
Further clarity is needed on scope and timing. This may increase risk for patent holders. It is unclear whether the regulation contradicts regulation no. 15 of 2018 on the postponement of local manufacturing requirements, which allows patent holders to delay implementation of local manufacturing for 5 years, and may be extended.
Sectors affected
- Pharmaceuticals and biotechnology
Resolved
No
Date reported
6 November 2019
Last updated
1 June 2022
Public ID
PID-B7D3PG
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