Indonesia
Answer ... Yes, the requirements for licensing are set out in:
- Government Regulation 36/2018 on the Recordation of Intellectual Property Licensing Agreements; and
- Ministry of Law and Human Rights Regulation 8/2016 on the Conditions and Procedures of the Recordation Application of Intellectual Property Licensing Agreements.
In principle, a trademark licence must be based on an agreement between the licensor and the licensee. For a trademark licence agreement to be valid, it must contain the following:
- the date, month, year and place where the licence agreement was signed;
- the name and address of the licensor and licensee;
- the object of the licence agreement;
- provisions on the exclusive or non-exclusive nature of the licence, including sub-licence;
- the term of the licence; and
- the geographical scope of the licence.
Also, the licence agreement must not contain provisions that could potentially:
- be detrimental to the Indonesian economy or the national interest;
- hinder Indonesians in transferring, possessing or developing technologies;
- result in unfair competition; or
- contradict laws and regulations, religious values, public decency and public order.
Indonesia
Answer ... Yes, trademark licences must be recorded with the Directorate General of Intellectual Property by submitting:
- the licence agreement;
- official excerpts from the trademark certificate;
- power of attorney (if submitted through a proxy); and
- payment receipt for recording the licence.
Indonesia
Answer ... No, the Trademark Law and related regulations do not govern this matter.