Chamelia 25a

IP protection in Indonesia, a very challenging world!

Highlight on Career: Chamelia Sari, a lawyer who loves football. Founder and Managing Partner of PRAWIRANEGARA International Patent & Trademark Law Office, Chamelia Sari (Chamelia ) is a lawyer with huge achievements but humble and low profile in her daily appearances. She loves books, music, travel and learn anything.

The firm was established in year 1999. Right after five years running this firm, in Year 2004, Chamelia received an International Professional Award 2004 from the Ministry of Research and Technology, Republic of Indonesia.

Chamelia Sari with IPA Awards

Picture above Chamelia Sari received IPA Awards in 2004. Then in 2010 her firm was listed as IP Advisory Excellence in Indonesia, from Corporate International Magazine, UK and to follow classified as Corporate IP Law Firm in Indonesia – International Awards Winner 2013 – from Global Law Expert, UK. Chamelia is a member of Board Directors of AEA – Association of European Lawyer, representing Asian region from the year 2014 until present.

Her routine days are always busy works and series of meetings with clients. In between Golf Chamelia Sari1aher busy schedule she tried hard to fill her tight agenda with some of her favorite sport – i.e. golf and some other hobbies. “Golfing gives me a relaxing mind while thinking of many issues of my clients with regards to their Intellectual Property protection – whether issues arise while it grows locally or while expanding globally. Many issues sometimes solved at the driving range while practising with friends. I have tried to make it as simple as possible in a more friendly sitiation. I welcome local company and multinational companies for protecting their IP that landed to my hand.

 

What exactly Intellectual Property (IP) is?
Chamel 35aIntellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected by law, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

In other words, Intellectual Property (IP) is a legal term that refers to creations of the mind. Examples of intellectual property include music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Chamelia continues to explain that upon the IP protection in Indonesia, the are common questions from clients before filing an application. They usually ask me whether it Chamelia Sari 3bis safe to do business right away while waiting for the registration certificate being issued, which sometimes takes around 2-3 years and that is too long to start the business – she shared her experiences during an exciting afternoon high tea at one of the most popular restaurant in Jakarta for its wonderful ambiance.

Basically, if we create or produce something original, there is no need to be worry or afraid to do business.  The problem will only arise if we do something wrong – for example, we do not create or invent a product originally.  We imitate or plagiarize a product which is famous and best seller – usually from abroad. We’re having bad intention to take benefit, in this case – economics benefit by claiming our rights of something which is not ours.

Are you specializing in certain industry for (IP) protection?
Oh no no, I’m not focusing myself into special industry. Every company has the same right to protect their exclusive rights. In IP fields, every creations, inventions or products need to be protected.  Either it’s a supersonic jet, baby diaper, fashion, books, music, computer programs, vehicles. Everything.

So my clients vary from companies who produce helicopter, dairy goods, furniture manufacture, food and beverages products, toiletries, oil and gas company, medical equipments, education, cosmetics, tour and travel, hospitality industry, telecommunication,  book store, book’s author, even  famous rock band.

Who are your major clients?
Well, one of my top clients is the number one person in this country.  Also multinational  Oil & Gas companies, leading  mobile phone manufacturer, major consumer goods products, cosmetics manufacturer, famous book store in Indonesia, beverages brewery and manufacturer, footwear manufacturer, famous rock band, famous donut and coffee pioneer in Indonesia,  fashion designer from Italy and many more of locals and foreign brand that can be a long list if we go one by one.

We deal and meet with so many characters, ranging from local clients to executive level of multi-nationalities and each of them has very different personality.

Would you like to share your success secret story?
I am still far away from success, need to learn much more in this life. To be honest, I don’t have any secret to tell. For the last 15 years, I only focus on this field within my expertise. I love what I’m doing and keep improving myself to keep learning, because law is a very dynamic field. IP protection is a services business, I like to socialized with so many people as my network; government, clients, alumni and colleagues. That is why I actively participate in IP organizations both in Indonesia and abroad. That’s the only secret I have. I actively participate in law and IP organizations both in Indonesia and abroad.

There is always a new issue, an interesting problem to be solved as the world is changing globally in a fast speed. And that is also a challenge for me.  Always do the best I can – 100% – without seeing who my client is – because all clients are important for me.

How do you see the awarenss of (IP) protection the next 5 years in Indonesia?
I see the Intellectual property (IP) protection trend the next 5 years in Indonesia will be very challenging. The awareness of registering their product is increasing more and more. Indonesia will join Madrid protocol, and  the start of  MEA – (Masyarakat Ekonomi Asean) – Asean Economic Community. Picture below Chamelia Sari delivered her speech at AEA Congress, Athen on May 2014.

Chamelia Sari at SPEECH AT AEA CONGRESS, ATHEN MAY 2014b

I, myself is so very excited for this coming agenda. Indonesia and other countries in the Southeast Asia region will form an integrated region, known as the ASEAN Economic Community (AEC). MEA is a form of realization of the ultimate goal of economic integration in Southeast Asia.

One thing that will be the focus of the AEC which can be used as a good momentum for Indonesia is that countries in Southeast Asia will be used as a unified region market and production base. With the creation of the unity of the market and production base will make the flow of goods, services, investment, large amounts of capital, and skilled labor becomes no barrier from one country to other countries in Southeast Asia.

The MEA will be formed as the economic region with a high level of competition, which requires a policy that includes competition policy, consumer protection, taxation, and E-Commerce  and  of course : Intellectual Property Rights (IPR).

One thing that will be the focus of the AEC which can be used as a good momentum for Indonesia is that countries in Southeast Asia will be used as a unified region market and production base. With the creation of the unity of the market and production base will make the flow of goods, services, investment, large amounts of capital, and skilled labor becomes no barrier from one country to other countries in Southeast Asia.

The MEA will be formed as the economic region with a high level of competition, which requires a policy that includes competition policy, consumer protection, taxation, and E-Commerce  and  of course: Intellectual Property Rights (IPR).

With more than 250 million of population, and middle class is growing fast – Indonesia become a very good market for many countries in the world. Manufacturer countries will export their products to Indonesia. Also, Indonesian  manufacturer have a chance to export their products to other countries in ASEAN region.

They both needs  IPR  protection in the business. As for Indonesian people, I hope many small Indonesian enterprise, manufacturer, creative industry can grow bigger and facing this competition and sit in the same chairs – not as buyer or viewer but also actively sell their products to their business partner in ASEAN – or many countries in the world.

And I will be more than happy to assist them in protecting their valuable assets both in Indonesia and worldwide!

How do you see the law enforcement from the government?
In relation with efforts to attract investors to investing in Indonesia, the Indonesian government realized that there are still many policies need to be improved especially in terms of permits (licenses).

In connection with the permit issues, one of which is the Indonesian government’s policy in the field of protection of intellectual property rights. Protection of the product will be useful in creating of fair competition climate and avoid counterfeit products that harm the business owner and the industrial design owner as well as government in terms of tax revenue.

The government continues making improvements domestically in order to increase the quality of public services in the field of protection of Intellectual Property rights. Such improvements include updates on a variety of information technology systems currently used by the Directorate General of Intellectual Property (DGIP) as a way to increase productivity in DGIP in providing services to the public. Improvement in the field of information technology is also done as an effort that DGIP could make to allow the public access to publicly accessible information via the website www.dgip.go.id.

Various information about DGIP are available at the website, including among others: information about the services provided on IPR, IPR registration procedures and publications of the IPR applications filed by the public. Indonesian DGIP, particularly Trademark Directorate, is also conducting studies related with Madrid Protocol, to which Indonesia will join this year.

So far it has performed various Focus Group Discussion to discuss many related and important matters that need to be prepared in the coming Madrid Protocol implementation in Indonesia. To that end, presently DGIP particularly Trademark Directorate is preparing a bill of Trademark Law which is already accommodate the contents of the Madrid Protocol. In the future, it is expected after the bill is passed into law, the implementation of the Madrid Protocol in trademark registration system can be effected in Indonesia.

Indonesia also concerns on the law enforcement in the field of IPR
It is intended that procurement of legal certainty to the owner of intellectual property rights will lead to better utilization of its rights in business activity that will eventually benefit both the owner itself and its surrounding environments. Besides, law enforcement in the field of IPR is also intended to prove to the world regarding Indonesia seriousness in protecting IPR in supporting the economy, investment climate and free trade.

Learning moments during spare time
Chamelia Sari with DIEGO FORLAN - JAPAN MARCH 2015aPicture left Chamelia Sari with Diego Forlan in Japan on March 2015. Chamelia is a big fan of football. She feels like any other ordinary person when watching football. It’s like a learning moments of a team work – not only a one man show, togetherness of 11 people to pursue the one mission and vision to make as many goals and reach the victory. Even if you claimed yourself as the best striker, you can do nothing if your team does not give you any chance, assist or passing the ball to you. The willingness to trust each other is very important during the game, and for Chamelia, there’s a good lesson by watching this sport.

During her spare time, she used to watch football since she was a kid with her Dad – either at home or directly at the stadium. Arsenal is her favorite team football that based Chamelia Sari at ARSENAL STADIUM LONDON 2013ain London, UK. Once, she felt so very lucky to finally watch them play at Emirates Stadium in London a while ago. Picture right Chamelia Sari at Arsenal Stadium London in 2013.

They are all working hard for the sake of team member, not only for oneself. It is the same thing in life when someone makes a mistake. The one mistake, will affected the entire team. This applies the same pattern to manage a company or in a big picture, to manage a nation. You can only be a successful leader if you have a good team member that you can trust or vice versa.

She graduated from School of  Management LABORA majoring in Company Management while in the same time took law study at Krisnadwipayana University,  Jakarta.  To further deep her knowledge in law, she takes a Master Degree in law at Gadjah Mada University, Yogyakarta.  To gain more knowledge on law she took Education for Lawyer Profession at  Pelita Harapan University and Intellectual Property Academy at University of Indonesia, both located in Jakarta.

Chamelia loves to learn not only from football games, but from anything – from anyone, any race with any age, books, movie, songs, seminar, training both in Indonesia, abroad and many more. Also from a successful person, a religious people, rock star, children, etc. As she said: The more I learn, the more I understand that I know nothing, so I won’t stop learning for the rest of my life.  It’s a lifetime process from her surroundings.

Other Hobbies
Besides golf, reading, travelling, writing and her volunteer activities in environmental  issue which gave her a chance to had a video conference with former US Vice President Al Gore, she manages herself to read some fiction or non-fiction books such as biography, management, law books, magazine, newspaper etc. Among of her favorite authors are Mitch Albom, Paulo Coelho, Anton Chekhov, Leo Tolstoy and chinese philosopher like Lao Tzu and Confucius.

For travelling issue, she loves to visit new places and meet new people and to learn new cultures or anything about how different people do things different ways. Being a lawyer seems much at odds with other parts of my interests and personality. Anyone is open to be the judge. Picture below Chamelia Sari with kids at Toraja in January 2015.

Chamelia Sari at Toraja Jan15aBeing in an outdoors person, she doesn’t feel comfortable to sit and sipping coffee or tea at malls and spend hours doing nothing. She always prefers to do something useful. She does not like to spend hours watching tv either. But if  it comes to Al Pacino, Denzel Washington and Liam Neeson – she will manage special time during her busy schedule to watch the movie.

How do you maintain your long list of clients?
All client’s who came to our office and need our assistance, will be treated the same and get the same rights and services as other clients. I become a role model to my employees and partners to do our best in order to provide excellent services to meet client’s needs.

Our IP firm established since the year 1999. Our main aim beside protecting our client’s  right  is to educate people, our client in particular – to respect their rights – and other people rights in intellectual property.

Some new clients come to our firm, bringing their invention, creation, products or packaging –  to get law protection. After reviewing their products, I can say that their products are not original or imitate other people’s product. I advise them to change the name and packaging with the new – original name and packaging.  But this client insisted to use the same name and packaging – because they said they already produce many products using this name and packaging. And they ready to launch their product to the market.

My answer is the same. They have to change their name and packaging. They need to create a new – original name and they have to respect the exclusive right of true owner of that product.  If they insist to file the application for that name and product, they have to be ready if the application being refused or facing legal problem in the future.

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To enclose the conversation, Chamelia emphasized that she educates her clients for having mindset that ‘preventing is better than medicating”. That is why before our client start their business, they have to prepare all aspects, in this case – IP rights protection, because IP protection is valuable assets in the business. We don’t want our client – in the middle of their business – have to deal with legal problems which is costly and time consuming. This is how we differentiate our IP protection services from others where the issue that never ends (17may15/p7). Visit more: http://www.prawiranegara.co.id/

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