What is HaKI in Indonesia: Definition, Types, How to Register

Intellectual Property (IP) is a crucial aspect of any nation’s legal framework, protecting the rights of creators and inventors. In Indonesia, this is encapsulated in the term “Hak atas Kekayaan Intelektual” or HaKI. Let’s delve into the intricacies of HaKI, exploring its types, legal landscape, challenges, benefits, registration process, and its role in shaping Indonesia’s future.

Definition of Intellectual Property Rights (HAKI)

HAKI, essentially the concept of HAKI stems from the idea that intellectual works created or produced by humans require the sacrifice of time, effort, and cost. The understanding of Intellectual Property Rights (HAKI) is the right to economically enjoy the results of intellectual creativity.

Based on this understanding, there is a need for recognition of the created works, which involves legal protection for such intellectual property. The goal is to encourage and foster a spirit of continuous creation and innovation.

Also read: Do I Need to Register My Trademark in Every Country?

HAKI Regulation in Indonesia

Hak Kekayaan Intelektual (HAKI) or Intellectual Property (IP) rights in Indonesia are regulated by a comprehensive legal framework consisting of several laws and regulations. The main law governing HAKI in Indonesia is Law No. 28 of 2000 on the Arrangement of HAKI.

In addition to Law No. 28 of 2000, there are several other laws and regulations that govern specific aspects of HAKI in Indonesia, such as:

• Law No. 19 of 2002 on Copyright
• Law No. 15 of 2001 on Trademarks
• Government Regulation No. 1 of 2001 on the Implementation of Law No. 15 of 2001 on Trademarks
• Government Regulation No. 2 of 2001 on the Implementation of Law No. 28 of 2000 on the Arrangement of HAKI

Also read: Understanding Trademark Regulation in Indonesia

Types of HAKI

Broadly speaking, HAKI is divided into 2 (two) parts, namely:

1. Copyright (Hak Cipta)

Copyright is the exclusive right of the creator that arises automatically based on declarative principles after a creation is manifested in tangible form without diminishing restrictions according to legal regulations.

2. Industrial Property Rights (Hak Kekayaan Industri)

Industrial property rights include:

• Patent (patent)
• Industrial design
• Trademark
• Repression of unfair competition
• Layout design of integrated circuits
• Trade secret

Also read: Trademark vs Copyright: Understanding Key Differences

Function and Importance of HAKI

The common question is why one should register their work with HAKI. There are several advantages to patenting your work, including:

1. Legal Protection for the Creator and the Created Work

Registering a work with HAKI automatically provides legal protection for both the creator and the work. As the owner of the work, you have more freedom to utilize the economic value of the creation without fear of legal issues.

2. Anticipation of HAKI Violations

Registering copyright with HAKI gives you a strong foundation to combat those who use your work illegally. This discourages others from using someone else’s work without permission.

3. Boosts Competition and Expands Market Share

Not everyone can unleash their creativity to produce works. With HAKI, society is motivated to create and innovate, leading to increased competition. This indirectly prompts companies to compete in producing the best works.

4. Monopoly Rights

It’s essential to remember that the intellectual property registration system is granted to the first party that registers with the Directorate General of HAKI. Therefore, registering your product early can give you a monopoly to prevent others from using your HAKI without permission.

Also read: The Importance of Registering Intellectual Property Rights (HaKI)

When Can Someone Register Intellectual Property Rights?

Anyone has the right to apply for or register HAKI. The exclusive rights granted by the state to individuals involved in HAKI (inventors, creators, designers, etc.) are intended as recognition of their creative efforts and to stimulate others to further develop, aligning with the market mechanism.

Additionally, the HAKI system supports the documentation of human creativity, reducing the likelihood of producing identical technologies or other works.

Symbols Related to Intellectual Property Rights

Understanding HAKI also involves recognizing symbols associated with it. All registered HAKI works have special symbols, such as:

1. TM (Trade Mark)

This symbol indicates a trademark that is currently in the process of HAKI extension or ownership application.

Also read: Understanding the Different Types of Trademarks

2. SM (Service Mark)

This symbol represents ownership of HAKI used to mark specific sounds, such as unique sounds in a film. These unique sounds cannot be used in another film without the owner’s permission.

3. R (Registered Mark)

If a product or brand has this symbol, it means they are already registered with HAKI.

4. C (Copyright)

This symbol indicates ownership of copyright. Anyone wishing to publish this work must include the copyright owner’s name.

Requirements for Registering Intellectual Property Rights

While there are many benefits, obtaining HAKI is not easy. You need to go through the relevant government process. Here are the initial requirements before registering HAKI:

As listed on https://www.dgip.go.id/:

1. Application Form
2. Application letter mentioning:
   • name, nationality, and address of the creator
   • name, nationality, and address of the copyright holder
   • name, nationality, and address of the attorney
   • type and title of the creation
   • date and place of the first publication of the creation
3. Description of the Creation (Three copies)
4. Attachment of proof of citizenship for the creator and copyright holder (copy of ID card or passport)
5. For legal entities, attach the official derivative of the establishment deed
6. Attach a power of attorney if the application is submitted by an attorney, along with proof of the attorney’s citizenship
7. If the applicant does not reside in Indonesia, they must have a residence and appoint an attorney within Indonesia for the purpose of the application
8. If the application is submitted on behalf of more than one person or a legal entity, all names of the applicants must be written, with one designated address
9. If the creation has been transferred, provide proof of the transfer of rights
10. Attach a sample of the creation to be registered or its substitute

The HaKI registration process can be complex and time-consuming. For a simpler process, you can rely on InvestinAsia’s services for HaKI / trademark registration in Indonesia. Our team of experts will ensure that the application is hassle-free for you.

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