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Custom Recordal of IPRs in Indonesia

Indonesia

Custom Recordal of IPRs
Yes
No
Yes
The Government Regulation No. 20 of 2017 on Controls of Import and Export Goods under 2006 Customs Law.
Custom Recordal of IPRs is effective on both import and export of goods.
It receives the request of recordal. Also, it can, of its own accord, temporarily detain any goods that it suspects to be infringing the IP owner’s rights. Thereafter, the customs authority acts in accordance with the order of the court
IP owners with rights registered in Indonesia may apply for customs recordal to the Directorate General of Customs and Excise (DGCE). Applications for recordals can only be made in respect of registered copyright or trademark rights. Once an application is made to the DGCE, a notice of approval or rejection of the recordal application shall be given within 30 days
In addition to the usual proof of trade mark certificates or copyright and information on genuine goods, the application must include documents relating to the local business entity, importer/exporter information and a statement of liability from the IPR owner. The IPR owner must also appoint an examiner who can verify genuine products as well as understand the distribution and marketing of the products.
Yes
30 days
Yes
No
There is no such official fee.
01 year, which is renewable for the same term again.
Yes
There are two facilities, one is custom recordal and the other is suspension request. Where the suspension request is made, all IPRs are covered unlike in the application for Customs Recordal. Once the commercial court issues its decision, the same is upon the customs authority to suspend for circulation in trade.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
02 days
Yes
The IPR owner or its proxy must then apply to Court within 04 working days and provide the Customs a bank or insurance guarantee. The Court must then deliver its detention order decision within 02 business days from the filing of Court application and send its decision to Customs within 01 business day.
Only a bank or insurance guarantee of IDR100M (USD7,200) which is valid for 60 days. If more time is required, the IPR owner can apply to Court for an extension of 10 business days; however, then there will be an additional security of another IDR 100 million (USD 7,200).
After termination of the Suspension Order, the detained infringing goods may be:
-Destroyed by the DGCE;
-Surrendered to investigators (e.g., if there is any legal action under criminal provisions);
-Given to law enforcement officers (e.g., if there is an application for security of costs over suspended goods); or
-Disposed according to the terms of a private settlement with the IP owner.
After the ten-day detention period, if the goods are confirmed as infringing and if there is no settlement, the IPR owner can take legal action. The 2017 Regulation provides that this means civil or criminal action or settlement.
Yes, it applies only on registered copyright and trademark rights. Also, only those having local business presence can seek such protection.
Yes
Further documents may be needed as may be required by court. Also, the IPR owner must also appoint an examiner who can verify genuine products as well as understand the distribution and marketing of the products.
No