Today, various Artificial Intelligence (AI) tools are emerging that can be accessed freely to create videos, music, images/paintings, etc. The current massive development of Artificial Intelligence (AI) has prompted us to re-examine the definition of intellectual property rights. Debates generally arise regarding the protection of creations generated by Artificial Intelligence (AI). Current law does not (yet) accommodate the protection of creations, innovations, and/or inventions generated by Artificial Intelligence (AI). Arguments are generally based on the current definition of Intellectual Property, which requires aspects of Morality, Originality, and Personality. Intellectual Property Protection is intended to give credit to the human creator, which Artificial Intelligence (AI) does not meet these requirements.
Indonesia now accommodates Intellectual Property protection involving Artificial Intelligence (AI), particularly regarding Patent Intellectual Property Protection. Following the enactment of Law of the Republic of Indonesia Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 concerning Patents, the definition of Invention in Patents, previously formulated in a limited manner as “products or processes,” has now been expanded by adding the phrase “…as well as systems, methods, and uses.” The logical consequence is that “Computer Programs (which contain only programs without characteristics, technical effects, and problem-solving)” previously excluded from “Inventions,” through the revision of the Patent Law, can now be considered “Inventions.” Computer programs (which have technical effects and functions to produce solutions to problems, both tangible and intangible, including Artificial Intelligence, AI, Algorithms) used in the implementation of problem-solving, computer networks, or other programmable equipment can be considered Inventions.
According to the Directorate General of Intellectual Property’s Annual Report, the past five years have shown a significant increase in registrations—for almost all types—of Intellectual Property Rights filed by domestic applicants, including trademarks, copyrights, patents, simple patents, and industrial designs. This increased awareness among Indonesians regarding the importance of Intellectual Property protection contrasts with the Commercial Court Directory, which records a persistently high rate of violations involving unauthorized use of Intellectual Property Rights.
We have experienced advocates providing assistance in the protection of Intellectual Property Rights and the resolution of disputes in the field of Intellectual Property Law. Each of our advocates has a thorough understanding of the protection and commercialization formats for registered Intellectual Property Rights. Our advocates are available for further communication in both Indonesian and English.
We are well-positioned to provide comprehensive solutions for all your Intellectual Property Rights protection needs.