Brand & Product Registration

Product registration is a must for entrepreneurs looking to knock on Indonesia’s door when you want to set up company in Indonesia and start doing business in Indonesia.

The scope of products imported and distributed in Indonesia is growing immensely and getting to know what licenses you should apply for is extremely challenging.

A reliable local partner or agency can assist you to set up company in Indonesia and start doing business in Indonesia and deal with the confusion and handle all paperwork on your behalf.

Patents

Definition of Patents

Patent is an exclusive right granted by the state to the inventor for the results of his invention in the field of technology, which for a certain period of time carry out the invasion itself to another party to implement it.

Definition of Invention

Invention is an inventor idea that is poured into a specific problem solving activity in the field of technology, can be in the form of a product or process, or improvement and development of a product or process.

How long is the patent protected?

Patents (in accordance with the provisions in Article 8 paragraph 1 of Act Number 14 of 2001) are granted for a period of 20 (twenty) years from the date of receipt and the period cannot be extended.

Application for patent

The flow of filing a patent application is a stage that must be passed by the applicant to obtain evidence / proof of submitting a patent application. The flow of filing the patent application can be described as follows:

• Applicant / Attorney fills out the form
• The applicant / proxy attaches all completeness of the application
• Verifier checks the completeness of the application
• Verifier gives order to pay
• Applicants make payments
• Bank charges proof of payment
• The person submitting the completed form, completeness of application, and proof of payment from the bank
• The counter clerk provided evidence of receipt of the application.
  For more information please contact to: info@indo-ned.com

 

Form Related to Patent Application

• Codefication of Paid and Unpaid Patents
• Additional Forms of Strength Description of Patents
• Simple Patent Maintenance Fee Form
• Guide to Paper Size Limits and Writing Procedures for Making Patent Specifications
• Circular for the Use of Electronic Documents 2018
• Patent Application Form
• Guide to Writing Description
• Patent Application Form
• Patent Substantive Inspection Request Form
• Patent Maintenance Fee Form
• Patent Search Form
• Statement of Invention Ownership by Inventor
• Statement of Ownership of the Invention (By Inventor)

Brands Definition

Brand is a “sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and / or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to distinguish goods and / or services produced by a person or legal entity in trading goods and / or services.

Trademark

A trademark is a brand that is used on goods traded by a person or several people jointly or a legal entity to distinguish from other similar items.

Service Mark

A service mark is a brand that is used in services traded by a person or several people jointly or a legal entity to distinguish it from other similar services.

Procedure

International Requests are submitted to the International Bureau through the Directorate General of Intellectual Property Rights. International Requests are submitted by filling in the MM2 form in English.

Requirements for subjects who can submit:

• Applicants who have Indonesian citizenship;
• Applicants who have a domicile or legal domicile in the territory of the Republic of Indonesia;
• Applicants who have real industrial or commercial business activities in the territory of the Republic of Indonesia.

Terms of objects that can be submitted:
Submission of an International Application can only be done if the Applicant has an Application or Registration (nationally) at the previous DGHS.

Copyright

Copyright is an exclusive right for the creator or the recipient of the right to announce or reproduce the copyright or give permission for it by not reducing the restrictions according to the applicable laws and regulations.

• Procedure / Flow Chart of Copyright Application
• Copyright Form Application Form for License Registration Copyright
• Application Form
• Copyright Application Form (Application printed on F4 / legal paper)
• Online Copyright Application Form Industrial Design

Industrial Design

Industrial Design is a creation of shape, configuration, or composition of lines or colors, or lines and colors or combinations thereof in the form of three dimensions or two dimensions that give an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a products, goods, industrial commodities or handicrafts. Procedure / Flowchart of Industrial Design.

Application for Industrial Design Registration

1. Application for registration of Industrial Design is submitted by filling out the form provided for it in Indonesian and typing in 3 (three) copies.

2. The applicant must attach:

• 1.  date, month and year of application;
  2.  name, full address and nationality of the Designer;
  3. Applicant’s name, full address and nationality;
  4. name and full address of the Authorization if the Application is filed through a Proxy;
  5. the name of the country and the date of receipt of the first application, if the Application is filed with Priority Rights.

3. The application is signed by the applicant or his attorney and enclosed with:

a. physical examples or drawings or photographs and descriptions of Industrial Designs that are applied for registration (to facilitate the process of announcing an application, it should                          be scanned or in the form of a diskette or floppy disk with the appropriate program);

b. special power of attorney, if the Application is filed through a Proxy;

c. a statement that the Industrial Design requested for registration is the property of the Applicant or the property of the Designer.

4. In the event that the Application is submitted jointly by more than one Applicant, the Application is signed by one of the Applicants by attaching written approval from other Applicants.

5. If the application is submitted by a non-designer, the application must be accompanied by a statement that is equipped with sufficient evidence that the applicant is entitled to the relevant                 industrial design.

6. Paying an application fee of Rp. 300,000.00 for Small and Medium Enterprises (UKM) and Rp. 600,000.00 for non-SMEs for each application. For more information please if you want to set up company in Indonesia and start doing business in Indonesia contact us.

Medical Devices

Indonesia population of more than 262 million (as of the beginning of 2018) has placed Indonesia at the top 4 spot as one of the highest population countries, among the 193 nations of the world.

Medical Device Markets in Indonesia

Indonesia relies on imported medical devices and supplies to meet local demand, particularly from the rising middle class. The total worth of imported medical equipment increased from IDR 10.1 trillion (USD 726 million) in 2015 to IDR 14.5 trillion (USD 1,035 million) in 2016, and finally reached IDR 28.4 trillion (USD 2,030 million) in 2018.

The imported medical equipment and devices are geared towards sophisticated medical instruments and infrastructure such as lasers, CT scan and other diagnostic equipment. On the other hand, domestic medical device producers mostly manufacture basic items, for examples, surgical gloves, bandages, orthopaedic aids, and hospital furniture.

Requirements for Medical Products Registration

The entrepreneur aspiring for trading with medical devices in Indonesia must prove that he or she is in possession of several licenses before applying for registration with Ministry of Health. The crucial documents are:

Permanent Business License (Izin Usaha)
Foreign companies are not allowed to do business with medical products in Indonesia unless they establish the limited company with direct foreign investment (PT PMA) or find a local distributor. Permanent Business License issued by Investment Coordinating Board (BKPM) is one of the prerequisites to run PT PMA.

Furthermore, having the intention to do business in the sector of healthcare, the entrepreneur should be aware of the Negative Investment List that regulates the maximum percentage of foreign share in the company for various fields, including healthcare where the maximum of foreign shares is 49 percent.

Registration License (ASEAN Common Submission Dossier Template)
Indonesia has joined the common registration policy of the ASEAN countries which means that registrant of a medical device is obliged to submit a wide range of information to ASEAN regulatory authorities. Common Submission Dossier Templates (CSDT) is a platform for registration with the Health Sciences Authority (HSA) that is in charge of the mentioned agenda.

Distribution of Medical Devices License (Nomor Izin Edar)
Even the registered products cannot be considered for the Indonesian market unless you are granted the Distribution License for Medical Devices (NIE). The NIE guarantees compliance with labelling and packaging requirements and ensures meeting specific conditions that are different for each class as well as special conditions that might be set for selected devices. In general, e-report regarding your product should be submitted every 6 months.

Cosmetics

Indonesia, with a population of more than 260 million inhabitants, and the rising consumer spending power and awareness of health and beauty care, offers a promising market for cosmetics companies.

International Players See Potentials in Cosmetics Sector

In 2012, L’Oreal opened its largest factory in the world in Jababeka, West Java as the biggest factory of a global cosmetic company in Java, the most populous island in the world. Other international competitors such as Unilever (the current country’s market leader), also invested in new productions to meet the increasing demand from new middle-class consumers.

Besides, robust growth of Indonesia’s cosmetics market is reflected by the sales and corporate performance of Unilever Indonesia. On the Indonesia Stock Exchange, Unilever is ranked within the top ten of companies that control the largest market capitalisation in Indonesia. Unilever Indonesia’s shares have risen 5.38% to IDR 50,800 (USD 3.61) per piece in 2018.

Who can register cosmetic products in Indonesia?

There are three options for registering cosmetic products in Indonesia:

• Set up a foreign-owned company in Indonesia
• Set up a nominee company in Indonesia
• Indo-Ned as your nominee product holder (Contact us)

How to register cosmetic products in Indonesia

Before you can start registering your products, you have to apply for an access to BPOM’s online system. For that, you need to submit an online application together with the necessary supporting documents, including:

• • Documents of incorporation
• • Import License (API-U)
• • Copy of the cosmetic manufacturer’s Good Manufacturing Process certificate, legalized by the Indonesian Embassy of the manufacturer’s state.
• • Certificate of Free Sales, issued by the governing body of the Principal’s location, legalized by the Indonesian Embassy.
• • Letter of Authorization from the Principal to the applicant.

Once you have gained access to BPOM, you can start registering your cosmetic products in Indonesia.

• 1. Submission of products
• 2. State payment for each of the product
• 3. BPOM notification/ Notifikasi kosmetik. For more information when you want to set up company in Indonesia and start doing business in Indonesia contact us.

Compliance after cosmetic product registration in Indonesia

Product registration number (DIP)
For every unit you are importing to Indonesia, you need to have a product registration document (DIP). BPOM is frequently auditing the importers to make sure they have their DIP in order.

DIP can either be in English or Indonesian and has to include the following information:

• • Administration documents and summary of the products
• • Cosmetics ingredients
• • Quality data of cosmetics
• • Safety and usage data of cosmetics

Labelling requirements of cosmetic products in Indonesia
When you sell your cosmetic products in Indonesia, the labels of the products need to be in Indonesian and must at least include the following information:

• • Name of the product
• • Product functions
• • Application method
• • Composition
• • Name of the manufacturer
• • Name and address of the importer
• • Batch number
• • Net weight
• • Expiration date
• • Any warnings regarding the ingredients

For example, on the label of a hair color, there should be warnings that it can cause an allergic reaction or that it is not for use for children under 16 years old.

Starting with cosmetic product registration in Indonesia

As you can see, preparation is the key to a successful BPOM registration. If you are not sure whether your products comply with Indonesian regulations or need assistance with registering your cosmetic products and set up company in Indonesia, contact us. Legal team at Indo-Ned Consultancy will gladly help you out.

Food Supplements

According to the National Agency for Drug and Food (BPOM), the health and food supplement markets in Indonesia have generated more than IDR 4.5 trillion (USD 318 million).

Imported Household Product Registration in Indonesia

Household product in Indonesia is categorized in 3 classes based on its risk level as below:

• • Class I (low risk)
• • Class II (medium risk)
• • Class III (high risk)

For possessing the marketing license, the company should follow criteria as below:

• • Safety and Efficacy of HHP are proven by using non prohibited materials and not exceeding the determined content limit in accordance with the regulation and/or clinical data or other data that are needed.
• • Quality, based on company good manufacturing practice and using materials with appropriate specification and complies with the determined requirements shown by the production certificate.

#1 Who are allowed to obtain marketing license?

• • HHP importer which already have appointment from the company or business representative that has the power as sole agent by indicating the type of product of agent and acknowledged by the local representative of the Indonesia with term of appointment minimum 2 years.
• • Non sole agent but have power attorney to register the HHP from the HHP production company or from the responsible company overseas.
• • Company which have production certificate to carry out the reassembling/repacking of imported products.

#2 How to Obtain Marketing License (Izin Edar)?
Process of obtaining marketing license would be divided into 2 steps:

• • Step of determining the class of household product; this step consist of class verification process and payment for non-tax state revenue (PNBP) which will take approximately 17 working days.
• • Evaluation process; consists of evaluation and verification of safety requirements, efficacy and quality. After going through evaluation process, there may be 3 results such as approval for marketing license, notification for required additional data or rejection letter.

#3 What Documents Should be Prepared?
Required documents for registering imported HHP as below:

• • Filled application form
• • Letter of Appointment
• • Certificate of Free Sale (CFS)
• • Certificate of ISO 9001
• • Business License and tax ID
• • Statement letter of willingness to trasnfer distributor rights if there is another more eligible distributor
• • Statement letter of willingnes to meet safety requirements
• • Detail ingredients and production process
• • Specification of raw materials and packaging
• • Specification of stability studies
• • Using instruction

Besides required documents above, importer/distributor should have concern on labelling of HHP. Labelling might be in the form of pictures, colors, writing which affixed on the package. The labelling at least contains information of product name/trade name, name and address of manufacturer or importer, active ingredients and concentration of HHP product, instruction of use, warning in Indonesian language, expiration date, batch number, production code.

For Brand Registration for your business in Indonesia, Indo-Ned Consultancy can help you from the initial process to completion. You just need to contact us or book a meeting schedule with our legal team when you want to set up company in Indonesia and start doing business in Indonesia.

 

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