Journal of Private and Commercial Law
Vol. 9 No. 2 (2025): November, 2025

E-Commerce and M-Commerce Boom: The Urgent Need for Patent Law Reform in Indonesia

Abdul Atsar (Faculty of Law, Social and Political Sciences, Universitas Mataram)
Nakzim Khalid Siddiq (Faculty of Law, Social and Political Sciences, Universitas Mataram)
Lalu Achmad Fathoni (Faculty of Law, Social and Political Sciences, Universitas Mataram)
Rina Apriani (Faculty of Law, Universitas Singaperbangsa Karawang)
Erika Putri Ramadhani (Melbourne Law School, The University of Melbourne)



Article Info

Publish Date
30 Nov 2025

Abstract

The rapid expansion of e-commerce and mobile commerce (m-commerce) in Indonesia has transformed the business landscape, offering new opportunities but also presenting significant legal challenges. With the rise of digital platforms and mobile applications, intellectual property issues, particularly those related to patents, have become increasingly complex. Indonesia's current patent law, rooted in the Patent Law No. 13 of 2016, is struggling to keep pace with the fast-evolving nature of these industries. This study examines the urgent need for patent law reform in Indonesia to address the unique challenges posed by e-commerce and m-commerce innovations, including digital platforms, mobile applications, and software-based inventions. The article argues that the existing legal framework fails to adequately protect new technological advancements, leaving gaps that allow for patent disputes, weak enforcement, and a lack of clarity regarding patent eligibility in the digital economy. By analyzing key issues such as patentability criteria, infringement protection, and cross-jurisdictional patent enforcement, this study proposes targeted reforms to align Indonesia's patent law with international standards, particularly in jurisdictions with robust digital patent protection frameworks, such as the European Union and the United States. The contribution of this study lies in offering a comprehensive analysis of Indonesia's patent law in the context of e-commerce and m-commerce growth, advocating for a legal overhaul that fosters innovation, encourages investment, and ensures stronger protection for digital inventions. These reforms are essential for Indonesia to maintain its competitive edge in the global digital economy.

Copyrights © 2025






Journal Info

Abbrev

jpcl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Private and Commercial Law (ISSN Print 2599-0314 ISSN 2599-0306 Online) is a scientific publication dedicated to the fields of Private and Commercial Law, as well as related disciplines. It was initiated by the Department of Private and Commercial Law, Faculty of Law at Universitas ...