Exporting products to Indonesia (cosmetics, pharmaceuticals, supplements, food) requires two different types of legalities: Trademark Registration and Izin Edar (Marketing Authorization / Distribution Permit / Product Registration). A trademark is an intellectual property right over the product’s name or logo, while a marketing authorization is government approval that allows a product to be distributed. Trademark registration is handled by the Directorate General of Intellectual Property (DJKI, under the Ministry of Law and Human Rights), while marketing authorization is issued by BPOM (for cosmetics, pharmaceuticals, supplements, and food) or the Ministry of Health/Ministry of Agriculture for other categories.
| Aspect | Izin Edar (Product Registration) | Trademark (DJKI) |
|---|---|---|
| Function | Legal product distribution and safety compliance | Legal protection of the product’s name/identity |
| Mandatory? | Yes, required to legally sell products | Not mandatory, but highly recommended |
| Risk without it | Product cannot be legally sold | Risk of the name being registered by others |
| Process | Product registration + complete technical docs | Name/logo registration via DJKI online system |
Which Should Come First?
1. Product Registration First = Legal Market Access
Without marketing authorization/product registration, your product cannot be distributed. Indonesian regulations are strict, especially for pharmaceuticals, cosmetics, and food. Product Registration ensures your product meets safety, quality, and efficacy standards.
2. But Don’t Neglect Trademark Registration!
Although marketing authorization is more urgent for distribution, you must register your trademark as early as possible. Here’s why:
- Indonesia follows a first-to-file system — whoever registers first gets the rights.
- If you delay registration, someone else may take your product name.
- Changing the product name after marketing authorization is costly and complicated.
3. Best Strategy: Do Both Simultaneously
For foreign exporters, the most efficient and secure approach is to submit trademark and product registration applications in parallel:
- Conduct a trademark availability search while preparing BPOM documents.
- Ensure the product name used in BPOM registration matches the name registered with DJKI.
Risks of Doing It in the Wrong Order
- Without product registration: The product will be denied entry into Indonesia, seized, or penalized.
- Without a registered trademark: Competitors can register your product name, and you may lose your brand. BPOM permits can be at risk if there’s a legal dispute over the product name.
Conclusion
- Product registration is essential for legal distribution.
- Trademark registration is critical for brand protection and long-term business value.
- For foreign exporters, register both as early as possible to avoid legal, commercial, and administrative obstacles.
By understanding the role and urgency of each requirement, exporters can navigate the Indonesian market safely, efficiently, and professionally.
References:
- BPOM Regulation No. 30 of 2017
- Law No. 20 of 2016 on Trademarks and Geographical Indications
- DJKI official website (https://dgip.go.id)
- BPOM official website (https://www.pom.go.id)
