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Scope of Practice PDF Print E-mail

We represent our local and international clients in the following areas:

Intellectual Property

BIP represents diverse clients in a wide variety of matters involving the acquisition, maintenance, utilisation, protection and enforcement of intellectual property rights arising under the Indonesian patent, copyright, trademark, trade secret, industrial design and integrated circuit layout laws and those of other countries. BIP, by virtue of its partners’ long-standing international presence, is uniquely positioned to serve efficiently and effectively the needs of its clients on both a domestic and world-wide basis in maintaining and protecting their intellectual property rights.


BIP's intellectual property practice includes (i) audit aspects -- the taking of an inventory of intellectual property rights of a business to catalogue the status of all rights and to identify any necessary action to be taken; (ii) administrative aspects -- the securing of registrations for patent and its annuity maintenance, trademark, copyright and industrial design rights in Indonesia and other countries as well as providing watch services; (iii) franchising and licensing; (iv) enforcement aspects -- the monitoring of trademark registers and markets for infringing activity; (v) litigation aspects -- the prosecution and defence of infringement claims in Indonesian and foreign courts, as well as opposition and cancellation proceedings; and (vi) deal- making or transactional aspects -- such as contract negotiations in the transfer and licensing of intellectual property, including trademark, copyright, industrial design and patent, merchandising and publishing rights.


Clients of BIP's intellectual property practice range from high technology companies to media concerns to prominent international manufacturers and merchandisers of high-end apparel and accessories bearing world famous trademarks, names and designs. BIP thus has considerable experience in protecting and enforcing the rights of patent, trademark, copyright and industrial design holders in Indonesia and abroad.

.Capabilities and Experience
· Represent client in infringement actions.
· Represent and advise such companies and individual performers, authors and artists in contract negotiation.
· Negotiate and draft agreements involving intellectual property.
· Handle assignment, mergers and acquisitions of intellectual property.
· Intellectual property audits and due diligence.
· Negotiate and draft franchise and licensing agreements as well as register the agreement to the authority.

.Patent Procurement
.
Areas of Emphasis :
· Procurement of Indonesian and foreign patents.
· Patent portfolio analysis,strategy development and counseling.
· Patentability searches, analysis and opinions.
· Patent infringement analysis and opinions.
· Patent validity analysis and opinions.
· Due diligence for mergers and acquisitions.
· Patent licensing, technology transfer and product development strategies.
· Patent and complex technology litigation.
· Patent enforcement counseling and protection.

Trademark and Copyright
.
Areas of Emphasis:
· Domestic and international trademark counseling and registration.
· Enforcement and defense of trademark rights worldwide.
· Copyright counseling, registration and protection.
· Internet domain name and Web site issues.
· Legal counseling regarding advertising and promotion.
· Rights of publicity and privacy.
· Counseling involving unfair competition, false advertisement and trade disparagement.
· Copyright counseling and strategies for software, internet sites and traditional media.
· Prosecuting and defending oppositions, cancellations and appeals before the Appeal Board.

Securities and Financial Law

BIP works closely with clients in the structuring and development of new transactions in the Indonesian financial market.
Representation includes counsel on banking and securities regulations, negotiation, drafting and structuring of credit agreements.

Corporate and Commercial Law

BIP offers a broad scope of corporate and commercial services for both established and new business. BIP’s corporate work includes corporate restructuring, mergers and acquisitions, joint venture and international transactions.

.Employment Law

The Employment Law Practice of BIP comprises lawyers who advise clients on local and transnational employment law matters.
The lawyers in our Employment Law Practice advise both corporate and individual clients on expatriate and local employee issues, including:
· employment contracts: negotiation, drafting, revising and termination
· termination (wrongful and otherwise).
· E-HRD.
· executive compensation and termination.
· severance and other entitlements.
· collective labour agreement.
· employment litigation and administrative cases, including before local courts and labour boards.
· legal compliance audits.
· obtaining and renewing visas and work permits.

In all of these matters, to provide a swift smooth service, members of the Group work closely with agents and governmnt offices.

Civil and Commercial Litigation

Reputation in this field is earned through successful activity in the major, complex cases. There are a number of leading legal firms with a strong presence in this field. We seek to win business, in this as in other areas of litigation practice, by offering a more commercial approach to each matter and by providing a more senior level service at the right price.

Business people need to know that if they are entering into a process of litigation, they have done so for the right reasons. Long term commercial implications need to be fully evaluated and every potential avenue must be explored. Frequently, matters must be handled with very great speed.

Our lawyers seek to play an integral role in your management team, supporting decisions with clear, unambiguous advice. Our breadth of experience allows us to be unequivocal – rather than simply presenting a range of possibilities and leaving the clients without a clear route forward.

Acting in major issues around the world, frequently managing strategy in an overseas jurisdiction, BIP seeks to provide one of the world’s most effective commercial litigation practices.

FOREIGN CAPITAL INVESTMENTS

Legal services to be rendered in relation to the establishment of a foreign investment company in Indonesia shall cover the following:
· Preparing, revising, reviewing and finalizing a joint venture agreement to be entered into
· Submitting an application to the Investment Coordinating Board (Badan Koordinasi Penanaman Modal or "BKPM). 

· Preparing, revising, reviewing and finalizing the draft of a deed of establishment 

incorporating the articles of the association of the PMA Company, both in the Indonesian and English languages.
· Registering the Establishment Deed in the Company Register.
· Preparing, revising, reviewing and finalizing any legal instruments as may be required by any founder (shareholder) of the PMA Company and/or by any Indonesian government authority in support of the submission of applications in order to obtain approvals.