- What is License Agreement?
- Is it necessary to record license agreements?
- Why should I record the license of agreement
- What are the required documents?
- Time Frame
- Validity Term
License is permission given by the holder or the owner of a registered intellectual property to other parties by means of an agreement that allows the latter to use the holder or the owner’s exclusive rights upon a valid intellectual property registration in Indonesia for a certain period of time and under specific terms and conditions.
The recording of the license agreements is applicable for Trademarks, Patents, Copyrights and Industrial Designs Registration.
In light of Article 42 of Law No. 20/2016 on Trademarks and if clients’ registered intellectual property is to be used by another party in Indonesia, it is compulsory to record a licence agreement because otherwise, it would not have legal effects on the third party in case of invalidation action based on alleged non-use.
You are not using the trademark yourself. You have authorised or granted permission to another party (your company or your distributor for example) to use it in Indonesia on your behalf.
You have to properly and formally record such permission in the form of the license agreement to the DGIPR Office.
The use of the trademark by another party, despite being authorised by you, will not be considered as the proper use of the trademark by its owner which may result in the invalidation of the trademark.
- Original Power of Attorney (simply signed, notarization/legalization is not required)
- A copy of the License Agreement Document (a simple confirmatory agreement without disclosing confidential terms is possible).
- Copy of Registration Certificate or Certified True Copy or Official Extract
- Signed Statement Form confirming that the intellectual property to be licensed:
- is within the protection period;
- does not harm the national economy;
- does not impede the development of technology; and
- does not contradict laws and regulations, decency and public order
It takes approximately 2 – 5 working days to complete the license agreement record depending on the workload of the DGIPR Office.
Recordal of the License Agreement is valid for the time frame of the validity of the License agreement.