Indonesian E-Commerce Platforms Included in the List of USTR’s Notorious Markets 2021

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The circulation of counterfeit products is increasingly worrying the US government. This prompted them to publish the USTR Notorious Markets list. Several giant e-commerce companies that operate in Indonesia are included in the list of Notorious Markets 2021.

The list highlights online and brick-and-mortar markets that reportedly engage in or facilitate substantive trademark counterfeiting or copyright piracy. The Notorious Markets List itself has been released every year since 2006 to increase public awareness and protect intellectual property rights in the US.

In addition to revealing the names of the companies, this report also explains the various efforts the companies have put in trying to “clean up” their platforms from counterfeit products. 

Basic steps to counter counterfeiting

In general, the companies have implemented policies to detect and prevent brand infringement.Some layered efforts have been carried out. The first step is by vetting potential sellers by requiring them to fill in some information to be verified.

The second effort is providing a reporting channel. By providing Intellectual Property holders a channel to file complaints about any infringements on the platforms, companies have aided in the detection and prevention of future occurrences.

The third is by taking down the infringing products. Should it be proven that there has been a violation based on e-commerce policies and applicable laws in Indonesia, then companies will take down the infringing products and may even close down the account.

The need for comprehensive actions

One of the companies suggests that another effort is by leveraging proactive keywords, pricing, and image filtering technology to detect and remove fake product listings before they go live to users.

Apart from internal efforts, collaborations are also carried out between the E-Commerce Association (iDEA) and government institutions, such as the Directorate General of Indonesian Intellectual Property (DJKI).

The DJKI is authorized to lead an intellectual property rights operation task force consisting of five ministries and institutions. These ministries and institutions include the Food and Drug Supervisory Agency (BPOM), the Directorate General of Customs and Excise, the State Police, and the Ministry of Communication and Information (Kemenkominfo), through an MoU.

Meanwhile, iDEA is a community forum for the top five e-commerce companies operating in Indonesia. This collaboration mandates that every product traded online must have a certificate of intellectual property rights.

In conclusion, in order to eradicate counterfeit products, stakeholders should build collaborations among members of the IP Operations Task Force, IP holders, e-commerce platforms, and landlords or owners of business premises. 

Such collaborations could focus on efforts on the ground that include increasing raids on counterfeiters, increasing seizures of their goods and products, and disposal of evidence (e.g., confiscated goods and products) in law enforcement proceedings.

While on the online front, it is required to follow with the shutting down of websites or online accounts with indictments to enable further prosecution and combat repeat infringement.

 


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