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Reforming Indonesia’s 2016 patent act

Jakarta • 29—30 November 2022

Indonesia’s 2016 Patent Act downgraded the country’s intellectual property framework well below regional standards, something the Widodo government has tried to rectify with its Omnibus Job Creation Bill. But there is still some distance to travel to make the Indonesian patent system comparable to international and regional best practice.

In collaboration with local think tank partner, Centre for Indonesia Policy Studies, Geneva Network organised a series of activities in Jakarta to feed into government discussions about reform of the 2016 Patent Act. We flew in international IP experts Prof Mark Schultz (University of Akron) and Prof Bryan Mercurio (Chinese University of Hong Kong) to share their expertise.

Together, we made the case for further patent law reform to key government and civil society stakeholders. We highlighted the importance of a reliable and predictable patent framework for both international and local investment in innovation and health progress. We made suggestions for reform of the Patent Act including around the topics of patentability criteria and compulsory licensing.

Public seminar

65 of Jakarta’s IP stakeholders from government, industry and academia gathered for a joint Geneva Network / Centre for Indonesian Policy Studies focusing on reforming the patent system. Our speakers made the case for further reform of the 2016 Patent Act to encourage foreign and local investment in innovation, international R&D collaboration and voluntary technology transfer.

Speakers included:

  • Rani Nuradi, S.Si (Patent Inspection Coordinator in the Ministry of Law and Human Rights)
  • Reni Yanita (Director-General of Small, Medium, and Other Industries at the Ministry of Industry)
  • Dr. Dra. Agusdini Banun Saptaningsih, Apt., (MARS – Director of Pharmaceutical Production and Distribution in the
    Ministry of Health)
  • Prof Mark Schultz, Goodyear Tire & Rubber Company Endowed Chair in Intellectual Property Law, University of Akron
  • Prof Bryan Mercurio, Simon F.S. Li Professor of Law, The Chinese University of Hong Kong

Eurocham

Mark Schultz (University of Akron and Senior Fellow, Geneva Network) and staff from Centre for Indonesian Policy Studies visited the offices of Eurocham to share perspectives and ideas for engaging in the IP debate in Indonesia.

This new joint Geneva Network / Paramadina Public Policy Institute briefing paper underlines the importance of a strong patent system for Indonesia’s economic development and makes the case for legislative reforms.

These include aligning patentability criteria with international best practice; preserving patent life via legislation such as Patent Term Adjustment; and reforming rules around compulsory licensing to encourage voluntary collaboration and tech transfer.

Read more…

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