A Guide to Intellectual Property for Artists

What is an IP?

In general, Intellectual Property refers to anything a person’s mind creates; from inventions, writings, art and creative works, drawings, design, names, even photos you take for commerce. Simply put; if you make it yourself, you own it. (Source: https://www.wipo.int/en/web/about-ip)

IP is protected by law everywhere around the world: in Indonesia, the body in charge is called Hak Atas Kekayaan Intelektual (HAKI). By law, there are several types of IP recognized in Indonesia.

Patents: Exclusive rights to a unique invention.
Copyright: The right creators have over their works.
Trademarks: Distinguishing sign that this IP belongs only to you.
Industrial Designs: Referring to unique physical attributes of a thing that you made.
Geographical Indications: Where the IP comes from, “Made In ___.”
Trade Secrets: Confidential company information.

As artists, we will focus on only the first three types.

Patent (Hak Paten)

Patents are exclusive rights to a unique thing that you invented. It basically states that you, as the creator, created the thing. There are 2 types of Patents: simple and regular.

Simple Patents: Given to new products or tool inventions that has a practical use. Usually it's an expansion of an existing product or process. Lasts 10 years and cannot be prolonged.
Regular Patents: Given to completely new inventions or findings, taking new inventive steps, and can be used by entire industries. Lasts 20 years and cannot be prolonged.

*Hak Paten vs Hak Cipta

Hak Paten: Exclusively given to someone who invents something completely new, and granted after the creator(s) patent it through HAKI. Simple patents last 10 years, while regular patents last 20 years.
Hak Cipta: Automatically given as soon as you create something, and technically lasts your lifetime unless you hand it over/sell it to someone else. More info below...

Copyright (Hak Cipta)

Copyrights are basically legal rights that states you as the creator made the creation. So if you painted a painting or drew a commission, you are granted the right to say that you made the drawing, legally, and nobody can claim otherwise.

Technically, copyright is given automatically as soon as you made your creation. But HAKI does allow you to register your copyright so you can legally dispute any infringing materials (UU No. 28 Tahu 2014).

There are 2 types of rights under copyright:

Economic rights: The owner has the right to benefit financially from their work. This can be sold or handed over to someone else.
Moral rights: Basically everything else outside of financial rights. Different mediums have different rules, but generally it lasts your lifetime.

Trademark (Hak Merek)

When you build a brand, a trademark is the right to claim that various attributes belong and represent your brand. Its like seeing a checkmark and thinking “Nike” or blue and yellow combo and recognizing “IKEA.”

According to Pasal 1 angka 1 UU MIG, a brand can be represented through: images, logo, name, words, letters, numbers, color palettes, 2d or 3d, sound, holograms, or combinations of the above.

A trademark lasts for 10 years and can be prolonged indefinitely.

What happens to expired IPs?

They fall under something called “public domain.”

Public domain is a legal status on an IP when it is no longer protected by any rights. When an IP goes into public domain, it is free for everyone to use, copy, and modify as much as they want. However, public domain does not give the right for someone to claim ownership of the IP again. Credit still belongs to the original holder of the IP no matter what. (You can copy and modify the Mona Lisa as much as you want and claim it as yours, but you cannot claim to paint the original Mona Lisa).

Now you know! Don't forget to share this article to your friends and communities. For more information about Intellectual Properties, we encourage you to check the official websites and channels of WIPO and DGIP.

Written by: Ash Carmen | August 2026

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