Disclaimer: In view of the European Commission's transparency policy, the Commission is publishing the texts of its Comprehensive Economic Partnership Agreement with Indonesia following the Ministerial announcement on 23 September 2025. These texts are published for information purposes only and may undergo further modifications including as a result of the process of legal revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Indonesia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its internal legal procedures necessary for the entry into force of the Agreement.
Chapter CHAPTER 12
SECTION A
GENERAL PROVISIONS
Article Article 12.1
The objectives of this Chapter are to:
promote cooperation on the protection and enforcement of intellectual property rights;
achieve an adequate and effective level of protection and enforcement of intellectual property rights;
promote the production and commercialisation of innovative and creative products in each Party; and
promote and govern trade between the Parties, as well as reduce distortions and impediments to such trade.
The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to balance of rights and obligations pursuant to Article 7 of the TRIPS Agreement.
Article Article 12.2
This Chapter shall complement and further specify the rights and obligations of the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property, to which they are parties.
For the purposes of this Chapter, “intellectual property” means at least all categories of intellectual property as referred to by the TRIPS Agreement that are the subject of Sub-Section 1 (Copyright and Related Rights) to Sub-Section 7 (Plant Varieties) of Section B (Standards Concerning Intellectual Property Rights). The “protection of intellectual
property” includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property of 20 March 1883, as last revised at Stockholm on 14 July 1967 (hereinafter referred to as the “Paris Convention”).
This Chapter does not preclude a Party from applying laws and regulations introducing higher standards for the protection and enforcement of intellectual property rights than those required by this Chapter, provided that they do not contravene the provisions of this Chapter. The Parties Each Party shall determine the appropriate method of implementing the provisions of this Chapter within their own legal systems and policies.
Article Article 12.3
The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the Ministerial Conference of the WTO at Doha (the "Doha Declaration"). In interpreting and implementing the rights and obligations under this Chapter, each Party shall ensure consistency with the Doha Declaration.
Nothing in this Chapter shall limit a Party’s rights and obligations pursuant to Article 31 and Article 31bis of the TRIPS Agreement, and the Annex and the Appendix to the Annex to the TRIPS Agreement.
Article Article 12.4
Each Party shall be free to establish its own regime for exhaustion of intellectual property rights.
Article Article 12.5
In respect of all categories of intellectual property covered by this Chapter, each Party shall accord to the nationals of the other Party treatment no less favourable than it accords to its own nationals with regard to the protection of intellectual property rights, subject to the exceptions provided in, respectively, the Paris Convention, the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886, as last revised at Paris on 24 July 1971 (hereinafter referred to as the “Berne Convention”), the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on 26 October 1961 (hereinafter referred to as the “Rome Convention”), or the Treaty on Intellectual Property in Respect of Integrated Circuits, done at Washington, D.C., on May 26, 1989. In respect of performers, producers of phonograms and broadcasting organisations, this obligation only applies in respect of the rights provided under this Agreement.
A Party may avail itself of the exceptions permitted under paragraph 1 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is:
necessary to secure compliance with laws or regulations that are not inconsistent with this Chapter; and
not applied in a manner that would constitute a disguised restriction on trade.
Paragraph 1 and 2 do not apply to procedures provided in multilateral agreements concluded under the auspices of World Intellectual Property Organisation (hereinafter referred to as “WIPO”) relating to the acquisition or maintenance of intellectual property rights.
Article Article 12.6
The Parties recognise the importance and value of genetic resources and associated traditional knowledge.
The Parties acknowledge that the disclosure of the origin or source of genetic resources and associated traditional knowledge in patent applications may promote the transparency of the patent system with regard to genetic resources and associated traditional knowledge.
The Parties affirm the importance of working towards a multilateral outcome on intellectual property related aspects of genetic resources and associated traditional knowledge and of the work carried out on traditional knowledge and traditional cultural expressions by the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
Article Article 12.7
The Parties agree to exchange views and information on their law and international practices on the protection and enforcement of intellectual property rights, regarding transfer of technology. This shall in particular include exchanges on measures to facilitate information flows, business partnerships, and voluntary licensing and subcontracting agreements. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for technology transfer in the host countries, including issues such as the domestic legal framework and the development of human capital.
Article Article 12.8
The Parties Each Party shall comply with their commitments under the following international agreements:
TRIPS Agreement;
the WIPO Copyright Treaty, adopted at Geneva on 20 December 1996;
the WIPO Performances and Phonograms Treaty, adopted in Geneva on 20 December 1996; and
the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, adopted at Marrakesh on 28 June 2013.
Each Party shall make all reasonable efforts to ratify or accede to the following international agreements:
the Beijing Treaty on Audiovisual Performances, adopted at Beijing on 24 June 2012;
the Trademark Law Treaty, adopted at Geneva on 27 October 1994 or the Singapore Treaty on the Law of Trademarks, adopted at Singapore on 27 March 2006; and
the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on 2 July 1999.
Each Party shall ensure that the procedures provided under the following international agreements are available in its territory:
the Patent Cooperation Treaty, done at Washington on 19 June 1970, as amended on 28 September 1979, modified on 3 February 1984 and last modified on 3 October
2001;
the Protocol related to the Madrid Agreement concerning the International Registration of Marks, adopted at Madrid on 27 June 1989 as amended on 3 October 2006 and on 12 November 2007.
Each Party reaffirms their commitment to other international treaties under the auspices of WIPO to which that Party is a party, including the Convention for the Protection of Literary and Artistic Works, adopted at Berne on 9 September 1886 and amended on 28 September 1979.
SECTION B
STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS
SUB-SECTION 1
Article Article 12.9
Each Party shall provide for authors to have the exclusive right to authorise or prohibit:
the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of their works;
any form of distribution to the public, by sale or otherwise of the original of their works or of copies thereof;
any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them; and
the commercial rental to the public of originals or copies.
This Article is without prejudice to Article 12.46 (Persons entitled to apply for the application of the measures, procedures and remedies).
Article Article 12.10
Each Party shall provide for performers to have the exclusive right to authorise or prohibit:
the fixation1 of their performances;
the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their performances;
the distribution to the public, by sale or otherwise, of the fixations of their performances;
the making available to the public, by wire or wireless means, of fixations of their performances in such a way that members of the public may access them from a place and at a time individually chosen by them;
1 The term “fixation” means the embodiment of sounds or images, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device.
the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation; and
the commercial rental to the public of the fixation of their performances.
This Article is without prejudice to Article 12.46 (Persons entitled to apply for the application of the measures, procedures and remedies).
Article Article 12.11
Each Party shall provide for phonogram producers to have the exclusive right to authorise or prohibit:
the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part of their phonograms;
the distribution to the public, by sale or otherwise, of their phonograms, including copies thereof;
the making available to the public, by wire or wireless means, of their phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them; and
the commercial rental of their phonograms to the public.
This Article is without prejudice to Article 12.46 (Persons entitled to apply for the application of the measures, procedures and remedies).
Article Article 12.12
Each Party shall provide broadcasting organisations with the exclusive right to authorise or prohibit:
the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air2;
the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air;
2 The term “by wire or over the air” includes by cable or satellite
the making available to the public, by wire or wireless means, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, in such a way that members of the public may access them from a place and at a time individually chosen by them;
the distribution to the public, by sale or otherwise, of fixations, including copies thereof, of their broadcasts, whether these broadcasts are transmitted by wire or over the air; and
the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.
This Article is without prejudice to Article 12.46 (Persons entitled to apply for the application of the measures, procedures and remedies).
Article Article 12.13
Each Party shall provide a right in order to ensure that a single equitable remuneration is paid by the user to the performers and producers of phonograms, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public.
Each Party shall provide that the single equitable remuneration shall be claimed from the user by the performer or by the producer of a phonogram or by both. Each Party may enact legislation that, in the absence of an agreement between performers and producers of phonograms, sets the terms according to which performers and producers of phonograms shall share the single equitable remuneration.
Article Article 12.14
The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for seventy years after his death, irrespective of the date when the work is lawfully made available to the public.
The term of protection of a musical composition with words shall expire seventy years after the death of the last of the following persons to survive, whether or not those persons are designated as co-authors: the author of the lyrics and the composer of the musical composition, provided that both contributions were specifically created for the respective musical composition with words.
In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.
In the case of anonymous or pseudonymous works, the term of protection shall run for at least fifty years after the work is lawfully made available to the public. However, if the pseudonym adopted by the author leaves no doubt as to their identity, or if the author discloses their identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1.
Where a work is published in volumes, parts, instalments, issues or episodes and the term of protection runs from the time when the work was lawfully made available to the public, the term of protection shall run for each such item separately.
Each Party shall provide that the term of protection of cinematographic or audiovisual works shall expire, either:
seventy years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work, or
at least fifty years after the work has been made available to the public with the consent of the author, or, failing such an event within fifty years from the making of such a work, at least fifty years after the making.
The rights of broadcasting organisations shall expire at least twenty years after the first transmission of a broadcast, whether that broadcast is transmitted by wire or over the air3.
The rights of performers shall expire fifty years after the date of the fixation of the performance. However, if a fixation of the performance in a phonogram is lawfully published or, where provided for by a Party, lawfully communicated to the public, within that period, the term of protection shall expire at least fifty years after the date of the first such publication or, where provided for by a Party, the first such communication to the public; where a Party provides for both possibilities, the term of protection shall be calculated from whichever event occurs earlier.
The rights of producers of phonograms shall expire fifty years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire at least fifty years from the date of the first lawful publication. If no lawful publication has taken place within fifty years after the first fixation is made, and if the phonogram has been lawfully communicated to the public within this period the said rights shall expire at least fifty years from the date of the first lawful communication to the public.
The terms laid down in this Article shall be calculated from the first day of January of the year following the event.
The terms of protection of each Party may exceed the periods provided for in this Article.
Article Article 12.15
3 The term “by wire or over the air” includes by cable or satellite.
Each Party shall make all reasonable efforts to provide, for the benefit of the author of works of graphic or plastic art, a “resale right”, defined as an inalienable right, which cannot be waived, even in advance, to receive a percentage of the price obtained from any resale of that work, after the first transfer of that work by the author.
The resale right referred to in paragraph 1 shall apply to all acts of resale involving as sellers, buyers or intermediaries art market professionals, such as salesrooms, art galleries and, in general, any dealers in works of art.
Each Party may provide that the resale right referred to in paragraph 1 shall not apply to acts of resale where the seller has acquired the work directly from the author less than three years before that resale and where the resale price does not exceed a minimum amount.
Each Party shall provide that authors who are nationals of third countries and their successors in title enjoy the resale right in accordance with this Agreement and the legislation of each Party concerned only if legislation in the third country of which the author or their successor in title is a national permits resale right protection in that country for authors from the Party concerned and their successors in title.
Article Article 12.16
The Parties shall promote cooperation between their respective collective management organisations for the purposes of fostering the availability of works and other protected subject-matter in the territories of the Parties and the transfer of rights revenue for the use of such works or other protected subject-matter.
The Parties agree to promote the transparency of collective management organisations, in particular as regards the rights revenue they collect, deductions they apply to such revenue, the use of the rights revenue collected, the distribution policy and their repertoire.
Each Party shall encourage collective management organisations established in its territory and representing another collective management organisation established in the territory of the other Party by way of a representation agreement, to accurately, regularly and diligently pay amounts owed to the represented collective management organisations as well as provide the represented collective management organisation with the information on the amount of rights revenue collected on its behalf and any deductions made to that rights revenue.
Article Article 12.17
Each Party shall provide for exceptions and limitations to the exclusive rights set out in Articles 12.9 [Authors] to 12.12 [Broadcasting organisations] only in certain special cases which do not conflict with a normal exploitation of the subject matter and do not unreasonably prejudice the legitimate interests of the right holders.
Each Party shall provide that temporary acts of reproduction, which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:
a transmission in a network between third parties by an intermediary; or
a lawful use;
of a work or other subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right.
Article Article 12.18
Each Party shall provide adequate legal protection against the circumvention of any effective technological measures in accordance with the laws of the Parties, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.
Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:
are promoted, advertised or marketed for the purpose of circumvention of any effective technological measures;
have only a limited commercially significant purpose or use other than to circumvent any effective technological measures; or
are primarily designed, produced, adapted or performed for the purpose of enabling or facilitation the circumvention of any effective technological measures.
This provision does not limit the judicial authorities of the Parties to evaluate all the circumstances of the case on a case by case basis in accordance with the laws of the Parties.
For the purposes of this Article, the term “technological measures” means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject matter, which are not authorised by the right holder of any copyright or related right as provided for by the law of the Parties. Technological measures are “effective” where the use of a protected work or other subject matter is controlled by the right holder through application of an access control or
protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the objective of protection.
Article Article 12.19
Each Party shall provide adequate legal protection against any person knowingly performing, without authority, any of the following acts, if such person knows, or has reasonable grounds to know, that by so doing he or she is inducing, enabling, facilitating or concealing an infringement of any copyright or any related rights:
the removal or alteration of any electronic rights-management information; or
the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights-management information has been removed or altered without authorisation.
For the purposes of this Sub-Section, “rights-management information” means any information provided by right holders which identifies the work or other subject matter referred to in this Chapter, the author or any other right holder, information about the terms and conditions of use of the work or other subject matter, or any numbers or codes that represent such information.
Paragraph 2 shall apply if any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter referred to in this Chapter.
SUB-SECTION 2
Article Article 12.20
A registered trademark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade:
any sign which is identical with the trademark in relation to goods or services which are identical with those for which the trademark is registered; and
any sign where, because of its identity with, or similarity to, the trademark and the identity or similarity of the goods or services covered by the trademark and the sign,
there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trademark.
The following, in particular, may be prohibited under paragraph 1:
affixing the sign to the goods or to the packaging of those goods;
offering the goods, putting them on the market, or stocking them for those purposes under the sign, or offering or supplying services thereunder;
importing or exporting the goods under the sign;
using the sign as a trade or company name or part of a trade or company name; and
using the sign on business papers and in advertising.
Article Article 12.21
Each Party shall establish a system for the registration of trademarks in which each final refusal decision4, including the partial refusal of registration issued by the relevant trademark administration shall be notified in writing, duly reasoned and open to challenge.
Each Party shall provide for the possibility to oppose applications to register trademarks or, where appropriate, trademark registrations. Such opposition proceedings shall be adversarial.