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Enforcement of IPRs in Indonesia


Enforcement of IPRs
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.
Apparels, shoes, and accessories are the goods that most often face counterfeiting and piracy.
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.
Trademarks, patents, designs, copyright, plant varieties, and geographical indications are the types of IPRs protected by IPR enforcement measures.
There is no protection for unregistered trademarks. Therefore, registration is obligatory for enforcement.
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.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Other civil remedies include the issuance of public apology at the expense of the infringer.
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.
The disadvantage of civil litigation is that it is costly.
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.
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.
The remedies available under border control measures (customs) include seizure, detention, and destruction of goods
The applicant must bear the costs of customs intervention during enforcement.
Resorting to administrative measure through Police and PPRS enforcement or Courts is the best practice for enforcement of IPRs in Indonesia.
It requires strict proofs to be established to ascertain rights. This can be rigorous for foreign entities seeking protection in Indonesia.