Proving the gravity of IPR Protection, the Indonesian Government has completed the set of custom legal instruments
Indonesian government’s solemnity in protecting Intellectual Property Rights (IPR) has been proven by their completion of a set of legal instruments and IPR border measure system through the enactment of the Supreme Court Regulation Number 6 of 2019.
According to the website of the Ministry of Finance, the IPR border measure system or customs automation system is an automation system for IPR goods that optimizes the monitoring of IPR. The system involves the integration of Customs, the Supreme Court, the Directorate General of Intellectual Property, and the Commercial Court, thus cutting the time and bureaucratic paths across Ministries / Institutions.
The IPR border measure system requires IPR and trademarks holders to record their Copyright and Trademarks, the terms and procedures for this are regulated in The Government Regulation Number 20 of 2017. Through the automation system, Customs can provide direct notification if there is suspected IPR infringement to the owners. With this notification, the owners can propose a temporary suspension, the terms and procedures for this are also regulated in Supreme Court Regulation Number 6 of 2019 on Temporary Suspension Order.
The Supreme Court Regulation regulates the terms and conditions for the owners to request the court to release suspension orders on export or import goods suspected of IPR infringement. The suspension allows the owners and authorities to carry out joint examinations and determine further legal steps. The enactment of the Supreme Court Regulation shows the government’s commitment to protect entrepreneurs and consumers.
In a press conference on Thursday, January 9, 2020, the Directorate General of Customs and Excise in East Java revealed that one container containing 858,240 pieces of standard AE7 Alfa Tip 0.5 Made in Indonesia with an estimated value of around Rp 1,019,160,000 that was imported through the port of Tanjung Perak, Surabaya on December 6, 2019, had been suspended. As all legal instruments and the IPR border measure system were completed, the case became the first ex-officio prosecution since the Law Number 17 of 2006 has been enacted.
The complete set of legal instruments is expected to create a better investment climate and bring Indonesia out of the Priority Watch List which is embedded by the United States Trade Representative (USTR).
Integrity Indonesia has many years of experience in helping our clients from various fields of industry to protect their brands. Integrity provides market survey services, product sampling, and market inspection related to violations of intellectual property rights such as application for similar trademarks, violations of the use of trademarks online, counterfeit products, damaged, smuggled, or parallel imported products on the market. For more information on brand protection, contact us today!
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