What Is HAKI? Intellectual Property Rights in Indonesia Explained

HAKI stands for Hak Atas Kekayaan Intelektual, an Indonesian term for intellectual property rights. It refers to legal rights associated with creative works, trademarks, technological inventions, product designs, and certain confidential business information.

If you run a company in Indonesia, intellectual property may already be part of your daily operations. Your brand name, product photography, packaging, software, and production methods can fall under different forms of protection.

Understanding HAKI helps you identify which assets require registration, which rights arise automatically, and what to check before launching a brand in Indonesia.

What Does HAKI Mean in Indonesia?

HAKI is a commonly used Indonesian abbreviation for intellectual property rights. You may also encounter HKI, meaning Hak Kekayaan Intelektual, or KI, meaning Kekayaan Intelektual.

Indonesia’s intellectual property authority is the Directorate General of Intellectual Property, known as DJKI. It operates under the Ministry of Law.

For international businesses, the relevant English terms are Intellectual Property (IP) and Intellectual Property Rights (IPR).

These terms cover different legal rights. Copyright in a photograph does not work the same way as trademark rights in a brand name or patent rights in a manufacturing invention.

Nor does every business idea qualify for protection. You need to identify the relevant intellectual property category and determine whether the asset meets its requirements.

Why Does Intellectual Property Protection Matter for Businesses?

Intellectual property protection helps businesses manage the rights associated with their brands, creative materials, technology, and confidential information.

Consider a company preparing to enter the Indonesian market. It may spend money on packaging, marketing, and distribution before checking whether its proposed brand conflicts with another trademark.

An early intellectual property review gives the company a chance to address that issue before committing to a commercial launch.

Protecting Business Identity

A registered trademark provides legal protection for a qualifying sign used to distinguish goods or services.

However, trademark rights do not give the owner unrestricted control over a word in every business sector. The relevant signs, goods or services, and legal grounds for refusal matter.

Managing Creative Works

Businesses commission photography, advertising materials, websites, and software from employees or external contractors.

Copyright protection concerns qualifying expressions of creative work. Under Indonesia’s Copyright Law, abstract ideas and concepts are not protected by copyright merely because someone has developed them.

Clear documentation helps establish who created a work and who owns the economic rights.

Also Read: Copyright Objectives: Protection and Business Benefits

Supporting Licensing and Commercial Agreements

Intellectual property rights can form part of commercial agreements when the applicable law permits licensing.

For example, an international brand owner may authorize a local business partner to use its trademark under agreed conditions.

Businesses should also review the recording requirements for intellectual property licensing agreements under Government Regulation No. 36 of 2018.

Types of Intellectual Property Rights in Indonesia

Indonesia provides several intellectual property regimes. Seven major categories fall within DJKI’s service areas, while plant variety protection follows a separate legal framework administered by the Ministry of Agriculture.

The appropriate category depends on what the business wants to protect.

These are distinct legal categories. Registering one type of intellectual property does not automatically protect every other element of a product.

1. Copyright

Copyright protects qualifying works in literature, science, and the arts. Indonesia’s principal legal framework is Law No. 28 of 2014 on Copyright.

Examples include photographs, written materials, music, videos, illustrations, and computer programs.

Copyright generally arises automatically when the work is expressed in tangible form. Recording it with DJKI is not a condition for acquiring copyright.

There is an important distinction for business logos.

Article 65 of the Copyright Law restricts the recording of paintings in the form of logos or distinguishing signs used as trademarks or as symbols of organizations and business entities.

This provision concerns copyright recording. It should not be interpreted as eliminating every possible copyright issue associated with the creation of visual material.

Also Read: What Is Copyright? A Guide to Protecting Creative Works

2. Trademarks

Trademarks distinguish the goods or services of one business from those of another.

An international company may need protection for its original brand, a localized Indonesian brand, or a new product name developed specifically for the Indonesian market.

Trademark protection is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications, as amended, including by Law No. 6 of 2023.

According to DJKI, a registered trademark receives protection for 10 years from the application filing date. The owner may renew that protection according to the applicable requirements.

3. Patents

Patents concern qualifying technological inventions, including products and processes that solve technical problems.

Indonesia distinguishes between ordinary patents and simple patents. The legal requirements and eligible inventions differ between these categories.

Ordinary patents require novelty, an inventive step, and industrial applicability. Simple patents follow their own statutory requirements.

DJKI explains that ordinary patent protection lasts 20 years, while simple patent protection lasts 10 years from the application filing date.

The principal legislation is Law No. 13 of 2016 on Patents, as amended, including through Law No. 65 of 2024.

4. Industrial Designs

Industrial design protection concerns qualifying aesthetic aspects of a product, such as its shape, configuration, or arrangement of lines and colors.

A distinctive perfume bottle may be considered for industrial design registration if it meets the relevant legal requirements.

Being visually distinctive does not automatically establish eligibility. Novelty and the registration requirements must be assessed under Law No. 31 of 2000 on Industrial Designs.

According to DJKI, industrial design protection lasts 10 years from the application filing date.

5. Trade Secrets

Trade secrets concern confidential technological or business information that has economic value and is kept secret by its owner.

A beverage formula or manufacturing method may qualify if it meets the requirements under Law No. 30 of 2000 on Trade Secrets.

The contents of a trade secret are not registered with DJKI.

DJKI explains that protection depends on secrecy, economic value, and the owner’s efforts to maintain confidentiality. Transfers and licensing agreements have separate recording mechanisms.

Businesses should therefore review information access, confidentiality agreements, and ownership documentation rather than preparing to disclose confidential formulas in a registration application.

6. Geographical Indications

Geographical indications identify products whose reputation, quality, or characteristics are connected to their geographical origin.

Simply stating that a product comes from a particular region does not automatically qualify it for geographical indication protection.

For domestic applications, Indonesian law recognizes eligible applicants such as institutions representing the relevant geographical community or local governments.

Individual businesses should not treat geographical indications as ordinary private trademarks over the name of a region.

7. Integrated Circuit Layout Designs

Integrated circuit layout design protection concerns qualifying original creations involving the arrangement of elements in integrated circuits.

Law No. 32 of 2000 provides the legal framework, including originality and application requirements.

This category is relevant to certain electronics and semiconductor development activities.

8. Plant Variety Protection

Plant Variety Protection (PVT) concerns qualifying plant varieties developed through breeding.

Law No. 29 of 2000 establishes the Indonesian legal framework for this category.

Unlike intellectual property services administered by DJKI, plant variety protection applications are handled by the Center for Plant Variety Protection and Agricultural Licensing, known as PVTPP, under Indonesia’s Ministry of Agriculture.

Agricultural businesses developing plant varieties should review the applicable PVTPP requirements rather than using DJKI’s trademark registration process.

How Different IP Rights Apply to One Indonesian Business

Consider a fictional foreign-owned company preparing to launch a bottled coffee product in Indonesia.

The company has created a brand name, commissioned product photography, designed distinctive packaging, and developed a confidential beverage formula.

Each asset requires a separate assessment.

This fictional example illustrates potential intellectual property categories. It does not establish that the assets qualify for protection.

If an external photographer creates the product images, the company should review the contract and applicable ownership rules.

The creator and economic rights holder may be different parties following a valid transfer. Moral rights and economic rights also need to be distinguished.

Does Every Type of Intellectual Property Require Registration?

Not every type of intellectual property requires registration to receive legal protection in Indonesia.

In January 2026, DJKI explained the distinction between automatic copyright protection and registration-based trademark and patent rights.

A copyright recording certificate can serve as initial evidence of ownership unless proven otherwise. Article 72 of the Copyright Law also limits the legal meaning of recording.

For patents, businesses should assess novelty, previous disclosures, and application dates before publishing technical details.

The legal consequences of disclosure depend on the applicable rules and the facts of the invention.

Does Registering an Indonesian PT Protect Its Brand Name?

Registering an Indonesian limited liability company, known as a Perseroan Terbatas or PT, does not automatically register its brand as a trademark.

Company registration establishes a legal entity. Trademark registration concerns signs used to distinguish goods or services.

Suppose a business establishes PT Purnama Indonesia and launches coffee under the brand Purnama.

The company name and product trademark serve different legal purposes. The brand needs its own trademark assessment.

This matters when a company prepares packaging, online advertising, distributor agreements, or franchise arrangements.

What Should You Check Before Using a Brand Name?

Trademark searches should cover more than exact spelling.

• Spelling: Search identical names and relevant spelling variations.
• Pronunciation: Consider names that sound similar.
• Visual appearance: Review relevant design and presentation similarities.
• Goods or services: Identify the applicable trademark classes.
• Application status: Examine relevant applications and registered marks.

You can begin with Haki.id, which offers free preliminary trademark searches in Indonesia.

Use Free Trademark Search Tools from Haki.id to check your proposed brand name before preparing an official application.

A preliminary search does not guarantee registration. Compare the results with DJKI’s official trademark data and the applicable examination requirements.

How to Identify Your Business’s Intellectual Property Needs

Start with an inventory of the intellectual assets your company already owns or plans to develop.

1. List business assets. Include brand names, logos, photographs, designs, software, inventions, and confidential information.
2. Review ownership. Distinguish creators, inventors, applicants, and rights holders under the applicable agreements and laws.
3. Identify the appropriate protection. Determine whether the asset requires trademark registration, copyright recording, patent examination, or trade secret safeguards.
4. Conduct relevant searches. Examine trademark data or invention information according to the intended application.
5. Prepare the documents. Review ownership evidence, contractor agreements, and the requirements of the relevant intellectual property category.
6. Use the appropriate authority. DJKI handles its intellectual property service areas, while PVTPP administers plant variety protection. Trade secrets require appropriate internal safeguards.

Foreign companies should also assess their Indonesian protection separately from rights obtained overseas.

An overseas registration does not automatically establish every equivalent intellectual property right under Indonesian law.

Also Read: Legal Basis of Intellectual Property Rights in Indonesia

Common Intellectual Property Mistakes to Avoid

Intellectual property problems often begin when businesses treat different rights as though they follow one registration procedure.

• Assuming every idea has copyright protection. Copyright protects qualifying expressions of works, not abstract ideas alone.
• Treating every logo as eligible for copyright recording. Review Article 65 of the Copyright Law and the intended trademark use.
• Confusing company names with trademarks. Incorporation does not replace trademark registration.
• Assuming an attractive product design qualifies for protection. Industrial designs must meet novelty and registration requirements.
• Attempting to register confidential formulas. Trade secret protection depends on legal requirements and maintaining secrecy.
• Relying on a single trademark search. A result showing no identical mark does not establish that the proposed trademark will be accepted.

Businesses should also understand the symbols ©, ™, and ®.

The © symbol commonly indicates a copyright claim. The ™ symbol indicates use or a claim involving a trademark, while ® is commonly used for registered trademarks.

A symbol printed on packaging does not replace verification of the applicable legal status.

Also Read: Examples of Intellectual Property Rights Violations in Indonesia

Protect Your Intellectual Property in Indonesia

Understanding HAKI helps businesses determine which assets need protection and which legal procedures apply.

Check proposed brand names before launching them. Review ownership documents for creative works. Keep confidential business information under appropriate safeguards.

For assets requiring formal applications, vOffice intellectual property services provide assistance with trademark, patent, and industrial design registration, as well as copyright recording within the available service scope.