include in the notification a proposal of appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.
Notwithstanding subparagraph 2 (b) of this Article, a Party need not provide compensatory adjustments if the modification covers an entity over which the Party has effectively eliminated its control or influence. Government control or influence over the covered procurement of entities listed in Market Access Schedules provided in Annex 11 is deemed to be effectively eliminated if the procuring entity performs a competitive activity.
If the other Party disputes that:
an adjustment proposed under subparagraph 2 (b) of this Article is appropriate; or
the modification covers an entity over which the Party has effectively eliminated its control or influence under paragraph 3 of this Article;
it must object in writing within 45 days of receipt of the notification referred to in subparagraph 2
of this Article. If no such objection is submitted, the Party shall be deemed to have accepted the proposed adjustment or modification.
Rectifications
The following changes to a Party’s Market Access Schedules provided in Annex 11 shall be considered a rectification of a purely formal nature, provided that they do not affect the mutually agreed coverage provided for in the Chapter:
a change in the name of an entity;
a merger of two or more entities listed within an Annex; and
the separation of an entity listed in an Annex into two or more entities that are all added to the entities listed in the same Annex.
In the case of proposed rectifications to a Party’s Market Access Schedules provided in Annex 11 , the Party shall notify the other Party every two years, following the entry into force of this Chapter.
A Party may notify the other Party of an objection to a proposed rectification within 45 days from having received the notification. Where a Party submits an objection, it shall set out the reasons why it believes the proposed rectification is not a change provided for in paragraph 5 of this Article, and describe the effect of the proposed rectification on the mutually agreed coverage provided for in the Agreement. If no such objection is submitted in writing within 45 days after having received the notification, the Party shall be deemed to have agreed to the proposed rectification.
Consultations and dispute resolution
If a Party objects to the proposed modification or the proposed compensatory adjustments referred to in Article xx or to the proposed rectification referred to in Article xx, the Parties shall seek to resolve the issue through consultations. If no agreement is found within 120 days of receipt of the objection, the Party seeking to modify or rectify its Market access schedule may refer the matter to dispute settlement in accordance with Chapter 22 [dispute settlement], to determine whether the objection is justified.
Amendment of Party’s Market Access Schedules provided in Annex 11
The proposed modification or rectification shall take effect only when both Parties have agreed or on the basis of a final decision of a panel established under Chapter 22(dispute settlement).
Article ARTICLE 11.21
Specialised Committee on Services and Investment, Digital Trade, Government Procurement, Intellectual Property
For the purposes of the effective implementation and operation of this Chapter, the [Committee on Services and Investment, Digital Trade, Government Procurement, Intellectual Property (hereinafter referred to in this Article as "the Committee")] established in accordance with Article 24.4 shall have the following functions:
reviewing and monitoring the implementation and operation of this Chapter;
exchanging views on laws and regulations, policies and practices, and other mutually agreed issues regarding government procurement;
discussing ways to facilitate cooperation between relevant entities of the Parties in the field of government procurement;
reporting the findings of [the Committee] to the [Trade Committee]; and
carrying out other functions as may be delegated by the [Trade Committee] in accordance with Article 24.2(2)(b).
Article ARTICLE 11.22
Dispute settlement1
Pending discussions pursuant to Article 11.23 [Further negotiations], Chapter 22 [Dispute Settlement] shall not apply to any dispute or differences arising from the interpretation and application of this Chapter in relation to covered procurement.
Article ARTICLE 11.23
Further negotiations
The Parties shall enter into negotiations on market access between the Parties, no later than 5 years and not sooner than 3 years from the entry into force of this agreement, unless the Parties agree otherwise.
Article ARTICLE 11.24
Technical consultation
1 For greater certainty, negotiation as provided in Article 23 (Further negotiation), includes on the application of dispute settlement chapter to any dispute or differences arising from the interpretation and application of this Chapter in relation to covered procurement.
The Parties shall seek to resolve any concerns arising from the implementation of this Section through technical consultations pursuant to this Article prior to initiating dispute settlement pursuant to Chapter 22 (Dispute settlement). The technical consultations shall endeavour to arrive at mutually satisfactory resolution of the concerns2.
For the purposes of paragraph 1 of this Article, a Party may make a request (hereinafter referred to as "requesting Party") to the other Party (hereinafter referred to as "requested Party") to hold technical consultations The request shall be made in writing3 and identify:
the matter or measure at issue;
provisions of this Section to which the concerns are related to; and
the reasons for the request, including a description of the requesting Party’s concerns regarding the measures or matters.
At the request of either Party, the Parties shall meet to discuss the concerns raised in the request, in person or by any technological means available to the Parties. If the meeting is held in person, it shall be held in the capital of the requested Party, unless the Parties agree otherwise.
The Parties shall endeavour to resolve the matter as expeditiously as possible within 60 calendar days from the date of receipt of the request. If the requesting Party believes that the matter is urgent and require immediate settlement, it may request a shorter time frame. In such cases, the requested Party shall give positive consideration to such request.
A Party may request or exchange further information relevant to paragraph 2 of this Article, and the information obtained or communications between the Parties under this Article shall be confidential unless the Parties agreed otherwise.
2 For greater certainty, technical consultations pursuant to this Article shall not replace consultations under Article XX (Article on Consultations under the Dispute Settlement Chapter), unless the Parties agree otherwise.
3 In the case the request is sent by electronic means, the requested Party shall promptly confirm the receipt of such a request and no later than within 14 calendar days of receipt.
Any resolution reached between the Parties as a result of technical consultations under this Article shall be notified to the Trade Committee and shall be without prejudice to the rights of the parties in any further proceedings, and only be used in the framework of this agreement.
Article ARTICLE 11.25
International assistance
Notwithstanding provisions in points (f)(i) and (f)(ii) of the Article 11.2(3), with regard to any procurement or part of it funded by international grants, loans or other assistance of the other Party, Parties shall grant national treatment to suppliers, goods and services of both Parties, unless otherwise agreed by the parties to a relevant grant or loan agreement. This obligation applies
irrespectively of whether or not the procurement is covered by the Parties’ Market Access Schedules provided in Annex 11 .
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.