Intro To Indonesian IP Presentation

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Indonesia has long been regarded as ‘The Wild West’ when it comes to the protection of intellectual property (IP). While trademark piracy and copyright and design infringement remain major concerns, the improving legal environment offers a good opportunity for IP owners to revisit these issues.

Indonesia has a comprehensive legal IP framework, which has significantly improved over the last decade. IP laws are regularly reviewed, and the government offers interested parties such as the legal profession and the Indonesian Intellectual Property Society, the opportunity to comment and propose amendments. The most recent review began in 2007 and will see new legislation introduced to the House of Representatives in 2009. The following IP legislation exists in Indonesia: Trademark Law 2001 Designs Law 2000 Copyright Law 2002 Patents Law 2001 Integrated Circuit Layout Design Law 2000 Plant Variety Protection Law 2000, and Trade Secrets Law 2000 Recently the government has taken steps to adopt legislation dealing with genetic resources, traditional knowledge and expressions of folklore.

Courts, authorities tend to apply laws according to their letter. This is good because it means that it can be very predictable. It is also bad because courts don’t generally exercise discretion. English = a precise language BI = contextual This means that you often need to look at the BI original to understand its application --- the English will not always suffice. Western pre-conceptions of justice, common-sense and fairness do not apply here.

Enforcing IP IP infringement gives rise to both civil and criminal liability. The criminal system has been the preferred route for enforcement of IP for many years. However, both systems present challenges for IP owners: Cost In recent years there have been great improvements in the ability of IP owners to enforce their rights, particularly in copyright enforcement. However, taking action against infringers is still difficult and expensive. Extensive preparation is vital for success, before commencing any action, whether civil or criminal. Additionally, Indonesia’s unique geography, complex distribution channels and relatively open borders can present a significant challenge for investigations. Police Dealing with the Police can present a challenge as many procedures are informal and there is often little or no transparency. Police funding is grossly inadequate, which means that IP owners are required to assist with the Police’s operational costs. This can present a serious hurdle to IP owners. Working with Police requires a clear understanding of both Police procedures and the laws that regulate payments to government officials. Public prosecutors Corruption is a significant problem for the Attorney General’s Office, which handles the prosecution of criminal cases. The IP owner does not play any role in the prosecution of criminal cases, and is generally not required to give evidence. The lack of adequate reporting structures precludes public prosecutors being held accountable, exacerbating the problem. Legal certainty The Indonesian judicial system does not apply the principle of judicial precedence. While this can create a level of legal uncertainty, it generally means that laws are applied strictly as written. This means that IP owners need to be familiar with the vagaries of Indonesia’s IP laws and IP office peculiarities.

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Intro To Indonesian IP Presentation - Presentation Transcript

Indonesian IP The Wild West? Not really...
The Law It doesn’t get much better than this...
A sound legal framework Patent Trademark Industrial Design Copyright Plant Variety Protection Trade Secrets
www.HAKItree.com
Application Literalism, precision and lack of discretion English ≠ bahasa Indonesia bahasa Indonesia ≠ English Indonesia is Indonesia (and not the West)
Enforcement Criminal and civil remedies It can be expensive ! Police and AGO underfunding Judicial precedence? Forget it!
The Main Characters (not a looker among them)
The Government USTR bad boy All round good guys Massive goodwill TimNas inter-agency coordination IP is still a low priority Much bigger fish to fry
The Dir-Jen HaKI Seriously underfunded Great strides recently All round good guys [insert superlatives here]
The Police No money (Relatively) low understanding of IP Other priorities Generally good guys, but feared
The AGO No money (Relatively) low understanding of IP Other priorities High risk of interference
The public Low/no socialisation of IP principles or IP laws Piracy, counterfeits = the same IP owner inaction = consent
The baddies Massive problem Two levels of IP infringement Complex distribution channels Organised crime
In a nutshell Not as bad as you might think
Indonesian IP in 6 words Massive problem Enormous goodwill Great potential
www.HAKItree.com www.blog.HAKItree.com