The inability to access to examination guidelines in Indonesia results in unnecessary burdens on rights holders.
The Directorate-General of Intellectual Property (“DGIP”) has internal examination guidelines. Examiners refer to guidelines when discussing cases, and even in written submissions in formal proceedings (for example, Commercial Court proceedings). However, these guidelines are not publicly accessible. This results in less transparency and predictability in the examination process, and a compromised position in disputes with the DGIP (the DGIP can refer to their guidelines in support of a submission, and the right-holder is unable to review the accuracy of the reference).
This practice of restricting access to examination guidelines is in contrast with international practice. Established IP offices publish their examination guidelines, for example:
We understand that the DGIP does intend to publish examination guidelines, but that this is a work in progress and may take some time. In the interests of efficiency and fairness, the sooner the better.