What are the causes of counterfeiting and piracy in Indonesia?
The reason is that there is heightened consumerism and availability of such goods, which goes undetected by enforcement agencies due to extremely close resemblance from real goods. Also, teenagers fall trap to such consumerism due to their affordability standards.
Which are the goods that most often face counterfeiting and piracy in Indonesia?
Apparels, shoes, and accessories are the goods that most often face counterfeiting and piracy.
Does Indonesia have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Indonesia for the enforcement of Intellectual Property Rights?
In 2000, laws concerning the protection of new plant varieties (law no. 29), trade secrets (law no. 30), industrial designs (law no. 31), and layout designs of integrated circuits (law no. 32) were enacted and promulgated. In 2001, new laws on trademarks (law no. 15) and patents (law no. 14) were enacted. In 2002, the new copyright law (law no. 19) was issued.
What are the different types of IPRs protected by IPR enforcement in Indonesia?
Trademarks, patents, designs, copyright, plant varieties, and geographical indications are the types of IPRs protected by IPR enforcement measures.
What are the general IPR enforcement obligations in Indonesia?
There is no protection for unregistered trademarks. Therefore, registration is obligatory for enforcement.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
It is essential to register a mark and know the law thoroughly. The concurrence with local enforcement agencies is always helpful since at many instances of enforcement proceedings, local support is needed from a local practicing advocate for documents and adduction of proofs.
Is there any limitation period for filing an infringement action?
Which of the following IPR enforcement channels is/are available in Indonesia?
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Indonesia?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Indonesia than the ones mentioned above? If yes, then kindly explain in brief.
Other civil remedies include the issuance of public apology at the expense of the infringer.
What is the approximate timeline of civil litigation related to IPR enforcement in Indonesia?
Civil IP cases are unusually fast in Indonesia, typically lasting 03 months. Because civil litigation is more expensive than relying on public authorities for IP enforcement, it is usually only appropriate against larger defendants.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Indonesia? If yes, then kindly give 2-3 points?
The disadvantage of civil litigation is that it is costly.
Is criminal prosecution available in Indonesia for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Indonesia corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Police or DGIP’s Civil Service Investigation Office (PPNS), Courts
B) Imprisonment Term -Trademarks: maximum up to 05-10 years, Copyright: maximum up to 10 years
C) Monetary Fine - Trademarks: up to Rp2, 000, 000, 000, Copyright: up to Rp500, 000, 000.
Are there any other criminal remedies available in Indonesia than the ones mentioned above? If yes, then kindly explain in brief.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Indonesia? If yes, then kindly give 2-3 points?
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Article 93 of the Trademark Law allows civil trade mark infringement disputes to be settled through arbitration or an alternative dispute resolution. This is defined in the Elucidation to the Trademark Law as negotiation, mediation, conciliation, and other means selected by the parties.
Article 95 of the Copyrights Law allows dispute settlement through alternative dispute resolution, arbitration, or courts. In addition, where the parties are in Indonesia, settlement of disputes through mediation is allowed.
Are border control measures (customs) available in Indonesia for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Indonesia?
The remedies available under border control measures (customs) include seizure, detention, and destruction of goods
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Indonesia?
Resorting to administrative measure through Police and PPRS enforcement or Courts is the best practice for enforcement of IPRs in Indonesia.
Are there any risks involved in the enforcement of IPRs in Indonesia? If yes, then kindly give 2-3 points.
It requires strict proofs to be established to ascertain rights. This can be rigorous for foreign entities seeking protection in Indonesia.