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Newsletter September 2014 12th Edition
02 Oktober 2014
The Draft Bill on Copyright endorsed by the House of Representatives of the Republic of Indonesia
“The proposed amendment on Copyright Number 19 Year 2002 which was submitted by the government, based on consideration, that Copyright is intellectual property in science, art and literary has strategic role in supporting the development of the nation and improving the general welfare as mandated by the Constitution of the Republic of Indonesia 1945”

Copyright is part of intellectual property which has the most extensive scope, because it covers science, art and literary wherein also include computer program. The development of creative economy that becomes one of the mainstay of Indonesia and many countries and the rapid growth of information and communication technology, it is expected that the contribution of copyright and related rights for the country’s economy can be optimized.

The Government of Indonesia, represented by the Minister of Justice and Human Rights, Amir Syamsudin along with the House of Representatives Period 2009 - 2014 has endorsed the draft Law Copyright on Tuesday, 15 September 2014, led by the Chairman House of Representatives, Priyo Budi Santoso. As many as 292 members of the House, including the Chairman of the House committee Copyright Bill Didi Irawadi Syamsudin and Minister of Justice and Human Rights accompanied by the Director General of Intellectual Property Rights, Ahmad M. Ramli, and all Echelon II, III and IV of the Directorate General Ministry of Justice and Human Rights and Bimbo attended the Plenary Session of the Copyright Bill in the House of Representatives.

“The proposed amendment on Copyright Number 19 Year 2002 which was submitted by the government, based on consideration, that Copyright is intellectual property in science, art and literary has strategic role in supporting the development of the nation and improving the general welfare as mandated by the Constitution of the Republic of Indonesia 1945”, said the Minister of Justice and Human Rights, Amir Syamsudin.

In addition, the Bill is also designed to address the growing economy creative industry-based has become one of the mainstay of Indonesias economic strength. So that the Copyright Bill that meet the elements of protection and development of the creative economy, creative industries can contribute more optimally to the States economy. At the same time, so many years songwriters in Indonesia do not know how many songs have been created. (Source : DGIPR, September,2014)

Directorate General of Intellectual Property Rights (DJHKI) Signs Memorandum of Cooperation (MoC) with the European Patent Office (EPO)

“We wish to provide support towards the development of the Intellectual Property Rights’ system in Indonesia and strengthen the bilateral cooperation relationship between the Directorate General of Intellectual Property Rights and the European Patent Office EPO”

The President of European Patent Office (EPO), Mr. Benoit Battistelli and the Directorate General of Intellectual Property Rights, Mr. Ahmad M. Ramli signed the Memorandum Of Cooperation (MoC) on Monday, 22 September 2014 in Geneva, Switzerland. The Signing of MoC was also attended by the representatives from the European Patent Office (EPO) and the representatives from the Directorate General of Intellectual Property Rights (DJHKI).

The contents of the Memorandum of Cooperation (MoC) between DJHKI with the European Patent Office (EPO) are Patent Examination and Procedure Administration where the EPO will help DJHKI in improving the patent granting procedure as far as related to the search and substantive examination; Human Resource Development in which the EPO will seek to provide support to DJHKI in developing sustainable training on capacity building in the country both for officials / employees and stakeholders DJHKI such as IPR Patent Consultants and Practitioners; Otomation which are then able to provide access to system automation and information technology owned by each parties t in accordance with mutually agreed terms; Patent Database and Data Exchange where the Parties have agreed to strengthen efforts to complement and enhance the quality of information available to patent examiners and community / public.

The European Patent Office helps a lot in providing trainings for the examiners in Indonesia, especially through the ASEAN cooperation framework. These trainings resulted progress towards the capacity of the examiners in executing patent examination. “We wish to provide support towards the development of the Intellectual Property Rights’ system in Indonesia and strengthen the bilateral cooperation relationship between the Directorate General of Intellectual Property Rights and the European Patent Office EPO”, said the Directorate General of Intellectual Property Rights, Mr. Ahmad M. Ramli. (Source : DGIPR, September 2014)

Another Trademark Dispute with Apple
Apple launched its new application, “HealthKit” in Apple’s annual Worldwide Developers Conference in San Francisco, USA, last June 2014.

The function of this application in iOS 8 is to monitor weight, heart rate, blood pressure, blood sugar level, calorie intake and dental hygiene of the user on daily basis.

Meanwhile, HealthKit already exists, and it doesn’t belong to Apple.

The HealthKit  website and Twitter handle both belong to an Australian startup of the same name. It’s a global health platform connecting doctors and patients that’s ostensibly very similar to Apple’s planned iOS 8 platform.

HealthKit brings together practitioners, patients and people everywhere to make health efficient, effective and accessible all over the world. Patients and people everywhere can find the right practitioner in their country with the most extensive directory of practitioners available anywhere in the world. People can track and manage their health online, patients can share their records with practitioners and even see a practitioner online.

HealthKit Australia bought its domain in early 2012. And while based in Australia, it has users in a variety of English-speaking countries, including the U.S.

It is odd that a giant company such as Apple had not make a search to check whether the trademark they are looking for had been taken; although it takes just one click to browse the name. The co-founder and managing director of HealthKit.Com Australia, Alison Hardacre is wondering whether the CEO of Apple, Tim Cook was aware of this situation concerning his latest product or whether Apple’s HealthKit could be linked to HealthKit.com.

This is not the first time for Apple facing a dispute. Back in 2000, Proviews Taiwan branch registered the "iPad" trademark for its Internet Personal Access Device -- an all-in-one PC that was not unlike Apples own iMac. Later on, Apple would purchase the worldwide rights to the name from the Taiwan branch, which presumably included Shenzhen Proview Technologys claim -- though the Chinese vice minister for the State Administration for Industry and Commerce (SAIC) would later declare Proview the trademarks rightful owner.

In early 2012, iPads were flying off the shelves in China -- but not for the expected reasons. The slates were being removed from stores following an injunction granted to Shenzhen Proview Technology, a local firm that had laid claim to the iPad trademark. The injunction would later be rebuffed by a Shanghai court, resuming tablet sales while the dispute raged on.

Finally, Apple and Proview have come to a resolution, putting $60 million in Proviews coffers and the matter to rest.
(Source : Detik.com)

Socialization of E-Copyright Application System
The Socialization of E-Copyright application system was declared open in Jakarta on 3 July 2014 by The Secretary of Directorate General of Intellectual Property Rights, Ir. Razilu, M.Si. In his opening remarks, Mr. Razilu conveyed to 35 Intellectual Property Rights Consultants, that the E-Copyright services presents the existing commitment of the Directorate General Property Rights in providing excellent services for the people. In future, not only Copyright but all application services of IPR applications will be electronically based.

"It started with one thought in the whole range of the Ministry of Justice and Human Rights, who wants to provide fast service in all public services managed by the Ministry of Justice and Human Rights”, said Ir. Razilu.

"The IPR service is very different from the services performed by the Directorate General of Legal General Administration and Directorate General of Immigration. The IPR service cannot be as fast as AHU and Immigration services, because of the need for Substantive examination, Notification and other procedures  to meet with the international procedures", added Ir. Razilu.

The application process of IPR service using E-Copyright is faster than the other IPRR services. If in the past the application of Copyright took 9 months, it only takes 14 days now. In the e-copyright  application process, the payment can be made by e-payment through some banking services that have cooperation with DJHKI.

Director of Information Technology, Dr. Drs. Kardjono, SH. M.Hum explained that the foundation set duration of 14 days is based on in-depth study by the entire team DJHKI. There are some concerns related to the provisions of laws. "As to whether the copyright invention could violate public order, violate religious norms and moral norms, so that the stakeholders can be responsible for all of the regulations", said Kardjono.

This service can be used by the Regional Offices of the Ministry of Justice and Human Rights throughout Indonesia, registered IPR consultants, and IPR centers throughout Indonesia. DJHKI stakeholders will be provided with a special account to utilize e-copyright application. Account owners will receive the standard of procedures that ought to be mutually agreed and obeyed by all parties. (Source : DGIPR, July 2014)

Biro Oktroi Roosseno in cooperation with Hukumonline.com organized one day workshop for professional and corporate legal officer
As one of our commitment and mission, namely developing qualified individuals and organizational competency; Biro Oktroi Roosseno has cooperated with Hukumonline.com organized one day workshop for professionals and corporate legal officers on August 26, 2014.

Biro Oktroi Roosseno sent some of the professionals to be the speakers and trainers and further the Directorate General of Intellectual Property Rights also participate by sending the Secretary of the Directorate General to be the speaker and trainer. The Speakers and trainers of the workshop are:

1. Ir. Razilu, MSi (Secretary of Directorate General of Intellectual Property Rights)
2. Ir. Migni Myriasandra, SH, MIP, MSEL, MM (IP Consultant and Managing Director of Biro Oktroi Roosseno)
3. Harry Wirawan, SH, MH (Lawyer and IP Consultant from Biro Oktroi Roosseno)
4. Krisna Murti, ST (Patent Drafter, SEAD from Biro Oktroi Roosseno)

Several issues were discussed and shared in the workshop. Trademark, industrial design and patent issues being the most interesting issues and has caught the participant’s attention. In this workshop, the participants could discuss their legal issues in the company, ask for the problem solving or argument and also trained how to draft Patent descriptions/documents. (Source : DGIPR, August 2014)

The Third President of Indonesia Awarded the Prestigious “Roosseno Award 2014”

Prof. Dr. Ing.  Bacharuddin Jusuf Habibie, the 3rd President of The Republic of Indonesia awarded the 4th Roosseno Award in Jakarta, on Saturday, 23 August 2014.

Roosseno Award is a prestigious award given out each year by Biro Oktroi Roosseno.

Biro Oktroi Roosseno is one of the oldest Intellectual Property Rights Consultant Office in Indonesia. It was established by Prof. Dr. Roosseno Soerjohadikoesoema.

For the past three years Roosseno Award was given to a number of winners in research on certain fields each year. The first program was in 2011, awarded to researchers in science and technology. The second program in 2012 was for the research in social studies, humanities, and geographical indications. The third program in 2013 was awarded to the researchers who conducted research on Indonesian spices.

There is a significant difference for this year, where there was no competition held for researchers. This year’s award is collaboration between Indonesian Academy of Science (AIPI) and Biro Oktroi Roosseno. As the result of an agreement the Board of Assessors consisting of Prof. Bambang Hidayat, Prof. Mardjono Siswosuwarno, Prof. Magnis Suseno, Prof. Satryo Soemantri Brodjonegoro, and Prof. Dr. Toeti Heraty N. Roosseno, the 4th Roosseno Award was awarded to the third President of the Republic of Indonesia, Prof. Dr.  Ing.  B. J.  Habibie.

“It is about time to grant the award to someone who provided great contribution”, said Prof. Dr. Toeti Heraty Roosseno, the President Director of Biro Oktroi Roosseno.

Prof. Dr. Toeti Heraty N. Roosseno in her speech mentioned some qualities and considerations the award was presented to Habibie among other things are he was innovative, responsive and pro-active. His intellectual judgment both during his speech and in politics, his fast and prompt decision and dedication pioneer of the aeronautic development in Indonesia, his creativity, his harmonious family living, and his leadership made him qualified to receive this prestigious award. Prof. DR. Ing. B.J. Habibie is indeed one of the few people from Indonesia who give contribution on the development of technology. He was considered phenomenon and respected person in the world. He was able to undertake the mandate as president and uphold democracy during the difficult era.

When Indonesia was not into technology since it was much easier to sell raw materials, Habibie played a great role to catch up the strategic industry and pursue with high-tech policy to improve replica breitling watches competitiveness as well as national identity. The development of the aeronautical industry in Indonesia has been considered as a strategic option to improve competitiveness.

"Unfortunately, during the euphoria of reform era, the strategic industry was discredited”, as mentioned by one of the judges, Prof. Dr. Toeti said.

Aeronautic is still an irony. “While Indonesian people are capable to build airplane, our airline industries chose to buy airplane from overseas. Garuda Indonesia should have been flying our own plane instead of flying foreign-made 35 ATR planes”. Franz Magnis-Suseno said. “Habibie has received many awards from different part of the world. This award is a little bit out of date, but Roosseno Award this time is appropriate and good, may be not for Habibie himself, but for the nation. The Indonesian people need to be reminded that brilliant achievements can be achieved by their own strength, without selling themselves nor Corruption, Collusion and Nepotism”.

The Chairman of the Indonesian Academy of Sciences (AIPI) Prof Sangkot Marzuki said despite Habibie has won many awards, Roosseno Award is still special.

During his speech in the inauguration of the award Prof. Dr. Ing. B. J. Habibie stated that Prof. Dr. Roosseno was the idol for the youth who wanted to become rolex replica watches scientists, including Habibie.

The late Prof. Dr. Roosseno initiated to establish a patent office six years after the independence of the Republic of Indonesia. His initiative to established Biro Oktroi Roosseno, a company engaged in the field of patent, proven Roosseno as the pioneer in promoting productivity and competitiveness of Human Resources instead of relying on Natural Resources.

Prof. Dr. Roosseno Soerjohadikoesoema, who served as Minister of Indonesia for three period of time during the 1950-es, was known as the Father of Reinforced Concrete in Indonesia.

Therefore, Habibie was honored to receive the Roosseno Award since he personally knew and respect Prof. Dr. Roosseno very well. "It is an honor for me to receive this award. Moreover, I have been familiar with Oom Roosseno since high school in Bandung", Habibie said.

Prof. Dr. Ing.  Bacharuddin Jusuf Habibie expects that the award would be the momentum for scientists to be united in building the rolex replica nation. (Source : BOR)

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