By KUSNANDAR & CO., Attorneys at Law – Jakarta, INDONESIA
In today’s fast-paced digital and globalized era,
legal protection for copyrights and trademarks has become a crucial key to
driving the growth of Indonesia’s creative economy and innovation-based
industries. Copyrights and trademarks are not merely legal instruments; they
are strategic assets that add economic value and strengthen the competitiveness
of domestic products in the global market.
Copyright grants exclusive rights to creators over
their intellectual works, such as art, music, literature, software, films, and
various other creative forms. Meanwhile, trademarks serve as distinct
identifiers that differentiate one business’s goods or services from another’s,
acting as symbols of trust and quality for consumers. Strong legal protection
for both ensures certainty for creators and businesses that their works and
products will not be misused by others without permission.
However, in practice, violations of copyright and
trademark rights remain a serious problem in Indonesia. Pirated music, films,
software, and counterfeit brands and products are widespread, causing harm not
only to rights holders but also damaging the business ecosystem and consumer
trust. This phenomenon is a major obstacle to the growth of the creative
industry, which actually holds significant potential to boost the national
economy.
The Indonesian government has regulated copyright and
trademark laws through Law No. 28 of 2014 on Copyright and Law No. 20 of 2016
on Trademarks and Geographical Indications. Yet, enforcement and supervision
against infringements must be improved so that deterrent effects are genuinely
felt by violators. Additionally, new challenges arise from the proliferation of
digital distribution, enabling works and products to be easily shared without
authorization. Thus, adaptive regulations and more advanced monitoring
technology are necessary.
Beyond enforcement, raising public and business
awareness about the importance of copyright and trademark protection is equally
vital. Many small businesses and creators still lack full understanding of
their rights or how to register and protect their works or brands. Therefore,
massive and structured education and socialization programs should be a
priority. With proper knowledge, entrepreneurs can proactively safeguard their
intellectual assets and leverage legal protections as valuable business
capital.
Collaboration among stakeholders—including government,
industry players, academics, and the broader community—must also be
strengthened to create a healthy and sustainable innovation ecosystem. The
government can provide easier and more affordable registration facilities and
reinforce law enforcement agencies. Meanwhile, industry players and creative
communities can actively contribute to building a culture that respects
original creations and trademarks.
Furthermore, strengthening copyright and trademark
protection is part of Indonesia’s national strategy to advance a knowledge- and
creativity-based economy. Amid intense global competition, countries that
effectively protect their innovations and brands are better positioned to
attract investment and expand markets. With its rich culture and creativity,
Indonesia has great potential to become a global creative economy hub, provided
its legal protection system continues to improve in strength and effectiveness.
In short, strengthening copyright and trademark laws
is not just about protecting creators and businesses; it is about building a
robust and competitive creative economy foundation. With adequate regulations,
firm law enforcement, and high public awareness, Indonesia can create a
conducive environment for innovation and original product development, while
enhancing the country’s position on the global stage.
K&Co - September 22, 2025
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