Founded in 1986, Januar Jahja & Partners is a boutique intellectual property law firm based in Jakarta, Indonesia. Over the past two decades, the Firm has grown from a small start-up practice to a leading Indonesian IP firm with over 25 attorneys and staff, representing clients from all over the world. Our clients include leading international and domestic businesses from a wide range of backgrounds, requiring our firm to adapt to meet their differing needs. We have also developed close working relationships with some of the leading IP firms throughout the world.
As a boutique firm focused on intellectual property law in Indonesia, Januar Jahja & Partners has five main practice areas: Trademarks, Patents, Copyrights, Industrial Designs, and IP litigation. For each of these practice areas, the Firm possesses the ability to provide legal advice rooted in experience, professionalism and a deep understanding of Indonesian intellectual property law. The Firm is particularly experienced in handling IP-related litigation, such as Cancellation Proceedings before the Jakarta Commercial Court, as well as trademark infringement cases and other such actions. In 2005, the Firm further bolstered its Patents and Copyrights practices by hiring Mr. Walter Simandjuntak, the former Director of Patents (1997-2001) and then the Director of Copyright and Industrial Design(2001-2005) at the Intellectual Property Office in the Department of Law and Human Rights, Government of Indonesia.
In 2011, the Firm welcomed the return of associate Prudence Jahja following receipt of her LL.M. in Intellectual Property from the Munich Intellectual Property Law Center (MIPLC) by the Max Planck Institute, in Munich, Germany, as well as professional stints in New York and Washington, D.C. In 2012, JJP hired US lawyer Andrew Diamond as a foreign legal consultant to manage the Firm’s relationships with its international clients. In recognition of the Firm’s continued excellence and professionalism, Januar Jahja & Partners has been ranked by a number of organizations and publications, including the
Legal 500,
WTR 1000 and
Asia IP, among others.
Read about these accolades and more in our Testimonials section.
Trademarks
While Indonesian trademark law is generally harmonized with international norms, Indonesia’s trademark system has many of its own unique aspects and particulars that may not be familiar to non-Indonesian counsel. Successfully navigating these potential hurdles requires experienced local counsel who are familiar with both the relevant regulations and the day-to-day practice of Indonesian trademark law. Januar Jahja & Partners has over 25 years of experience working with both clients and the Indonesian Trademark Office to register, renew and protect trademarks registered in Indonesia. Through this experience, Januar Jahja & Partners has built up its trademark portfolio to include leading international companies in such fields as apparel, IT, design, and travel, as well as numerous well-known Indonesian companies.
As part of our trademark practice, we are able to handle all non-contentious trademark prosecution matters such as preliminary searches, trademark applications, recordals of name change or address change, recordals of assignment, trademark renewals, and responding to office actions, in addition to providing pre-filing advice and counseling.
Additionally, Januar Jahja & Partners is particularly experienced in handling the more substantive aspects of trademark law, such as oppositions to trademark applications, objections to trademark application rejections and more contentious trademark matters, such as cancellation proceedings based on non-use or bad faith before the Jakarta Commercial Court and trademark infringement actions.
Pursuant to Indonesian Trademark Law No. 15/2001, in order to file a trademark application in Indonesia, the minimum requirements are:
- Full name and address of applicant;
- Nationality (for natural person) or detail of incorporation (for legal entity);
- A representation of the mark and its transliteration (if any);
- List of goods and/or services and the classes pertaining thereto;
- A certified copy of home country application (for claiming priority);
- A signed Power of Attorney; and
- A signed Statement of Entitlement.
Patents
Patent prosecution in Indonesia requires an in-depth understanding of both Indonesian Patent Law and the inner-workings of the Indonesian Patent Office. With over 25 years experience handling all aspects of patent prosecution and patent ligitation, Januar Jahja & Partners has the right tools to help you or your client successfully register a patent in Indonesia. We have helped some of the leading companies in the fields of science and technology register their inventions in Indonesia and have assisted clients with their patent work across many disciplines, including but not limited to:
- Mechanical and Electrical Sciences;
- Information Technology and Computer Science;
- Laser, Optical and Medical Physics;
- Chemical and Physical Chemistry Sciences;
- Pharmaceutical; and
- Biotechnology, Molecular Biology, Immunology and Pharmacology.
As part of our Indonesian patent practice, we are able to conduct patent searches, draft freedom to operate/non-infringement legal opinions, offer advice regarding the patentability of inventions and claim drafting, and handle all aspects of patent prosecution in Indonesia, as well as registering Recordals of Name Change, Address Change and Assignment, and responding to Office Actions issued by the Indonesian Patent Office. We also frequently advise clients on patent litigation in Indonesia.
The minimum requirements for filing a patent application in Indonesia, based on Indonesian Patent Law No. 14 (2001), are as follows:
- Full name, address and nationality of applicant and inventor(s);
- 1 (one) copy of the specification in English and drawings (if any) for translation into Bahasa Indonesia;
- A copy of application from which a priority is claimed;
- A signed Power of Attorney;
- A signed Statement of Entitlement; and
- A signed Deed of Assignment.
Industrial Designs
With the world’s fourth largest population and a rapidly developing economy, Indonesia presents numerous business opportunities for a wide range of products and services. As such, we understand the importance of registering your industrial design in Indonesia so that you can enforce your corresponding design rights in this highly robust economic market. At the same time, we also understand that these processes can seem confusing because Indonesia has many unique industrial design procedures and regulations specific to this jurisdiction.
Januar Jahja & Partners has over 25 years experience helping individuals and companies alike register their industrial designs with the Indonesian Industrial Design Office. If needed, we can also help you prepare the design drawings or arrange for photographic representations to support your design rights during the registration process.
Pursuant to relevant Indonesian law, the minimum filing requirements for filing an industrial design application are:
- Full name and address of applicant;
- Nationality (for natural person) or detail of incorporation (for legal entity);
- Physical samples/drawings/photographs and specification;
- A certified copy of home country application (for claiming priority);
- A signed Power of Attorney; and
- A signed Statement of Entitlement.
Copyright
Indonesian copyright law can both be simple and complex at the same time. At Januar Jahja & Partners, we realize that our clients have diverse and complex needs on Copyright issues associated with patents, trademarks and designs. With over two decades practicing copyright law in Indonesia, Januar Jahja & Partners is well-qualified, experienced, and ready to counsel you on all your copyright needs, including but not limited to: preparation and prosecution of copyright applications, counseling clients on the copyrightability of works and creations, and assisting clients in litigation matters.
Under Indonesia Copyright Law No. 19/2002, the minimum filing requirements for filing a copyright application for registration are:
- Full name and address of author and copyright holder;
- Nationality (for natural person) and detail of incorporation (for legal entity);
- Type and title of work;
- Date and place of first publication;
- 3 copies of work specifications;
- A signed Power of Attorney; and
- A signed Statement of Entitlement.
IP Litigation
Despite recent improvements, Indonesia has an unfortunate history of trademark squatting (“trademark piracy”) and other IP violations. These activities have the potential to negatively affect your intellectual property rights in any number of ways. In situations such as these, litigation can often times be an effective solution.
In a legal jurisdiction such as Indonesia that has a unique blend of civil law and international IP norms, having experienced local counsel is an absolute must. Januar Jahja & Partners has particular expertise in litigating IP issues in the courts of Indonesia, expertise that has been built up over decades of litigation experience handling cancellation proceedings, trademark infringement actions or patent infringement claims. In Indonesia, the Commercial Courts (most notably, the Jakarta Commercial Court) have been granted specific jurisdiction to hear intellectual property cases. Appeals are then made directly to the Indonesian Supreme Court. Januar Jahja & Partners has litigated numerous cases at both levels, with a proven track record of success. Litigating IP disputes in Indonesia requires a deep and detailed understanding of the procedural and evidentiary requirements for civil litigation.
