indonesia blog

The End of the UGC Loophole: Indonesia’s Constitutional Court Rules on Content Piracy back to blog Category:Copyright & Digital Platforms Sources: Indonesia moves to modernize copyright law for user-generated content (Asia IP) Shift in Responsibility as Digital Service Platforms Become Responsible (Assegaf Hamzah & Partners) Update on Fines and Content Takedowns for Online Platforms in Indonesia (Makarim & Taira S.) Introduction For years, Indonesia’s digital landscape was a “Wild West” for copyright. The 2014 Copyright Law had a major blind spot: it didn’t explicitly cover “User-Generated Content” (UGC) platforms. This allowed piracy to thrive on social media and video-sharing sites, with platforms claiming they were mere intermediaries. A pivotal ruling by the Indonesian Constitutional Court has changed everything, sparking a wave of legal reforms in 2025. The Constitutional Court Ruling The Court ruled that the definition of “place of trade” in the Copyright Law was too narrow and must be interpreted to include UGC-based digital platforms. This decision effectively declared that platforms are no longer passive bystanders; they have a legal responsibility to prevent the distribution of infringing content. This paved the way for new government regulations targeting platforms that fail to manage their content. The New “SAMAN” System Following the ruling, the Ministry of Communication and Digital Affairs introduced the Content Moderation Compliance System (SAMAN). This system, which began its pilot phase in late 2024 and is ramping up throughout 2025, imposes administrative fines on platforms that fail to remove prohibited content—including copyright infringement—within specified timeframes. What This Means for Rights Holders This is a monumental shift. Creators and brands now have powerful new legal leverage to demand takedowns. Platforms are now compelled to implement proactive filtering and more responsive notice-and-takedown procedures to avoid heavy fines. How ASEAN IPR Helps: The rules of digital engagement have changed. ASEAN IPR helps you utilize these new legal tools. We work with content owners to issue legally compliant takedown notices that leverage the Constitutional Court ruling and the new SAMAN regulations, ensuring platforms take your infringement claims seriously. Other Blogs Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents • December 16, 2025 • Brunei Darussalam blog Accelerating Innovation: Brunei Leveraging Global Partners for Faster Patents back to blog Category:Patent Cooperation Sources: BruIPO & CNIPA Substantive Patent Examination Training … A New Era Begins: Timor-Leste Approves Industrial Property Code in 2025 • December 16, 2025 • Timor leste blog A New Era Begins: Timor-Leste Approves Industrial Property Code in 2025 back to blog Category:The New IP Code Sources: Govt approves Industrial … Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane • December 15, 2025 • Thailand blog Thailand’s New Patent Draft Act: Green Innovation Gets the Fast Lane back to blog Category:Patent Law Reform Sources: Updates on the New … The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity • December 15, 2025 • Thailand blog The Design Revolution: How Thailand’s New Grace Period Protects Your Creativity back to blog Category:Industrial Design Strategy Sources: Thailand’s Draft Industrial Design …

The Economic Cost of Fakes: Why Indonesia is Getting Tough on IP Violations back to blog Category: Trademark Opposition Sources: Cases of Intellectual Property Rights Violations in Indonesia (AMR Partnership) Introduction Intellectual Property Rights violations—from counterfeit fashion to pirated software—remain a critical issue in Indonesia, causing significant financial losses for businesses and the national economy. In 2025, the government has signaled a renewed commitment to enforcement, recognizing that a failure to protect IP damages investor confidence and stifles local innovation. The Scope of the Problem Recent reports highlight that the creative industries—music, film, and fashion—suffer the most from unauthorized reproductions. But the threat goes beyond lost revenue; counterfeit goods, particularly in sectors like pharmaceuticals and automotive parts, pose serious safety risks to consumers. The technology sector also faces numerous patent violations, with companies unlawfully using patented innovations without licensing. Stronger Legal Sanctions Indonesia’s laws are not toothless. Under the Copyright Law of 2014 and Patent Law of 2016, perpetrators can face severe penalties, including fines of up to IDR 4 billion or a 10-year prison sentence for copyright infringement. Trademark violations can lead to license revocation and multi-billion rupiah fines. The challenge has always been consistent enforcement. The New Push for Collaboration Effective enforcement requires more than just laws; it needs action. The government is currently pushing for stronger collaboration between government agencies, legal professionals, and business owners to improve monitoring systems and execute raids. How ASEAN IPR Helps: Your brand’s reputation isn’t worth the risk. ASEAN IPR is your boots-on-the-ground partner for enforcement in Indonesia. We conduct market surveys to identify infringers and work directly with local law enforcement to build cases for civil lawsuits or criminal raids, ensuring the full weight of Indonesian law is brought to bear on counterfeiters. Other Blogs Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins • December 15, 2025 • vietnam blog Vietnam’s 2025 Legal Shift: The “Fast-Track” Era Begins back to blog Category:The New IP Law Sources: Vietnam’s Amended IP Law Changes Requirements … The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps • December 15, 2025 • malaysia blog The “SuperApp” Trap: High Court Rules on Using Competitor Trademarks in Apps back to blog Category:Trademark Infringement Case Study Sources: High Court … The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure • December 15, 2025 • Philippines blog The P41 Billion Milestone: Philippines Smashes Records in Counterfeit Goods Seizure back to blog Category:Anti-Counterfeiting Record Sources: NCIPR seizes record P40.99 billion … The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025 • December 15, 2025 • malaysia blog The Wait is Over: Malaysia’s Post-Grant Patent Opposition Goes Live in Late 2025 back to blog Category:The New Opposition System Sources: Regional …