Pharmaceuticals
Medicines and health products rely on names that people recognise and on technical advances. Four kinds of right come into play, each in its own way.
- Trademark. Product names, brand marks and logos set one maker’s goods apart from another’s. In Indonesia the right to a mark comes from registration, so a name is secured only once it is registered.
- Patent. A new compound, formulation, manufacturing process or device can be patented if it is new, involves an inventive step and can be applied in industry. Methods of examination, treatment and surgery applied to humans or animals cannot be patented, although medicines and medical equipment themselves are not caught by that exclusion. Indonesian law also limits what counts as an invention, so each pharmaceutical case is assessed on its own facts.
- Industrial design. The shape of a bottle, a pack or a delivery device can be registered as a design if it is new, and the application should be filed before the product is released.
- Copyright. Original leaflets, illustrations and educational material are protected automatically once they take tangible form. Recording a work with DJKI is optional but can help as evidence.
Technology
Software, platforms and devices combine a brand, a technical idea, an appearance and original content. Each part may call for a different right.
- Trademark. The names and logos of software, apps, platforms and devices are protected as marks once registered.
- Patent. Computer programs are generally protected by copyright. Under the Patent Law, a computer program as such is not an invention, but a technical solution that uses software may qualify, so each case is assessed. Public disclosure before filing can destroy novelty, so seek advice before you publish or launch.
- Industrial design. The appearance of a device or its housing, in shape, lines or colours, can be registered as a design if it is new and filed before release.
- Copyright. Computer programs and their documentation are protected as works from the moment they take tangible form, without registration.