The Directorate General of Intellectual Property Rights (DGIPR). the Ministry of

Transcription

1 REPUBLIK INDONESIA MEMORANDUM OF COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY BETWEEN THE DIRECTORATE GENERAL OF INTELLECTUAL PROPERTY RIGHTS OF THE MINISTRY OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA AND THE JAPAN PATENT OFFICE The Directorate General of Intellectual Property Rights (DGIPR). the Ministry of Law and Human Rights of the Republic of Indonesia and the Japan Patent Office (JPO), hereinafter individually referred to as the "Office" and collectively referred to as "the Offices"; CONSIDERING the value and importance of Intellectual Property (IP) for the development of the economy and the exchange of technology; and RECOGNISING the benefits of closer cooperation between the Offices in the creation. protection, and promotion of IP; 1

2 HAVE REACHED the common recognition as follows: 1. Objective The objective of this Memorandum of Cooperation (MOC) is to further enhance cooperation in IP between the Offices. 2. Areas of Cooperation The Offices will cooperate and develop cooperation activities in the following areas relating to IP: (a) Human Resources (i) To continuously foster examiners, appeal examiners, IT Administrators and administrative officials through establishing a human resources training and development scheme; (ii) To improve the quality of search and examination through enhancing appropriate practice of IP systems/examination guidelines by examiners/administrative officials/l P related people; (iii) To support users to smoothly expand their business by contributing to creating globally reliable industrial property rights through developing quality management that is a key component of examination of the utmost quality; (iv) To continuously foster IP Litigation Officials and Civil Servant Investigators (PPNS DJHKI) through a human resources training and development scheme. (b) Business Management 2

3 (i) To foster a better investment environment in which necessary rights are protected by means of building a swift processing scheme for substantive examinations in a timely manner; (ii) To improve customer services through the realization of high quality formality examinations. (c) IT infrastructure (i) To realize the efficient and high-quality operations through the enhancement of WIPO's technical assistance or sharing of experiences of IT development, operation and utilization; (ii) To provide necessary and sufficient IP information for examiners, administrative officials, and users through improving the access to IP information. (d) INDONESIA-JAPAN Intellectual Property Forum The Offices will co-host INDONESIA-JAPAN Intellectual Property Forum. The forum will bring together IP related people in Indonesia and Japan in order to exchange opinions and information on IP topics including IP systems, examinations/granting rights at IP offices, public awareness campaigns for private sectors, and anti-counterfeiting measures. Details of the forum are determined based on the Offices' mutual consent. The forum is to be conducted in alternate sessions between Indonesia and Japan. 3

4 (e) Other Symposia, conferences, and training programmes on IP related issues of mutual interest. Such other areas of mutual interest as may be shared in writing between the Offices from time to time. 3. Specific Cooperation Activities (a) Subject to paragraph 5, the Offices will implement the specific cooperation activities listed in the Implementation Plan. (b) The Offices may, upon reaching a common recognition in writing, add, modify, and remove cooperation activities from, the Implementation Plan or any other subsequent implementation plans. For greater certainty, nothing precludes the Offices from commencing to cooperate on and/or implement cooperation activities which are not listed in an implementation plan. 4. Activity Improvement The head of International Cooperation Division of the DGIPR and the Director of International Cooperation Division of the JPO will follow up on and coordinate the cooperation activities arising from this MOC. The DGIPR and JPO will annually have a meeting to seek further improvement of cooperation between the Offices. 5. Financial Resources Unless otherwise decided in writing, each Office will be responsible for its own costs and expenses in carrying out any cooperation activity under this MOC. 4

5 6. Modification This MOC may be modified with a mutual written consent of the Offices. The starting date of the modification should be stated in the written form. In case of conflict between work plan(s) and the contents of this MOC, the latter will prevail. 7. Final Matters (a) The cooperation under this MOC will commence on the signing date in subparagraph (f) below, and will last for an initial period of five (5) years. After this initial period, the MOC will be automatically extended for further periods of 5 years each, unless one of the Offices notifies the other Office of its intention to have this MOC expired by a notice in writing at least three (3) months before the expiry of five (5) year period. (b) Either Office may at any time terminate this MOC by giving at least three (3) months' prior written notice to the other Office. (c) Upon the expiry or termination of this MOC, the Offices will have no further responsibility to carry out any cooperation activities under this MOC unless a common recognition to the contrary has been reached in writing between the Offices; provided that the expiry or termination of this MOC will not affect any benefits and commitments of the Offices which have arisen prior to the date of expiry or termination. 5

6 (d) Without prejudice to sub-paragraph (c) in the event of expiry or termination of this MOC, each Office will make its best efforts to continue and complete any cooperation activities under this MOC that the Offices have commenced prior to the date of expiry or termination and that are still in progress as of the date of expiry or termination. (e) This MOC is signed in three originals in the English, Indonesian and Japanese languages. In the event of conflict between the three language versions, the English version will prevail. (f) English version of this MOC is signed in Jakarta, on 27 August For the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights of the Republic of Indonesia For the Japan Patent Office Ahmad M. Ramli Director General Hitoshi ITO Commissioner 6