Intellectual Property Rights Enforcement Manual for Indonesia

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Southeast Asia Financial Sector and Intellectual Property (FSIP) Programme

The Southeast Asia Financial Sector and Intellectual Property (FSIP) Programme was launched in 2018, under the UK Government Prosperity Fund Programme. The FSIP Programme aims to address market inefficiencies and weaknesses that impede Southeast Asia’s inclusive economic growth.

The key objectives of the project are to strengthen the overall business environment as a key enabler for inclusive economic growth which can provide a significant positive impact on poverty and inequality across six Southeast Asian countries including Indonesia.

Stronger, more productive Southeast Asian economies provide greater trade opportunities for international and UK businesses.

IP in developing countries

One of the work streams under the FSIP programme is the Intellectual Property (IP) work stream. In many developing countries, market failures and weaknesses typically manifest a range of IP challenges. These include lower quantities and weaker quality of IP created as well as insufficiently strong legal remedies to protect and enforce IP (e.g. through civil court, administrative and criminal IP protection systems). IP system transparency is a challenge in any developing country when the IP systems are not well-tested, clear, and robust. A large informal economy magnifies IP problems.

Through the FSIP Programme, the UK Government is working with the Government of Indonesia in strengthening legal certainty for its IP owners, ensuring that IP acts as a catalyst for innovation and creativity to support economic growth by providing technical advice and capacity building in relation to legal, practical and enforcement issues. The FSIP Programme can help build trade links through IP with UK, other businesses and IP organisations.

IP in Indonesia

IP enforcement remains a business concern in Indonesia. The inadequacy of IP enforcement information and resulting lack of transparency is a barrier for foreign investors. One of the projects under the FSIP Programme aims to address the lack of adequate IP enforcement information through an IP enforcement manual.

This manual on IP enforcement in Indonesia has been developed for businesses operating in or planning to expand into Indonesia. It is published by the British Chamber of Commerce – Indonesia and aims to provide foreign businesses with a picture of how the IP enforcement system works in Indonesia.

It includes details of the laws and regulations as well as the IP enforcement procedures in Indonesia. It uses a definition of enforcement that parallels the World Trade Organisation’s Trade Related Aspects of Intellectual Property (TRIPS) Agreement. This means it focuses on trademark and copyright enforcement procedures – which in common parlance means trademark counterfeiting and copyright piracy. The types of enforcement systems used to deal with these two issues are most commonly criminal, administrative, including Customs, as well as the civil courts. Other forms of IP exist (e.g. patents, designs) but their enforcement is more usually limited to or appropriate for civil court systems only.

The FSIP has a parallel focus on Gender and Social Inclusion, so FSIP considers how IP and IP enforcement interacts with this. There has been very little study of this issue, but this Manual includes some preliminary analysis and data.

The Manual includes:

  • Overview of Indonesia’s legal and IP system
  • IP enforcement manual- Indonesia
  • The IP Enforcement System and The WTO TRIPS Regime
  • Trademark And Copyright Protection
  • Criminal IP Enforcement
  • Civil IP Enforcement
  • Digital IP Infringement of Trademarks and Copyrights
  • IP Enforcement by Customs Authorities at the Border
  • Administrative IP Enforcement
  • Other Enforcement Issues
  • Gender equality social inclusion (GESI) and IP enforcement
    -Flowchart for the criminal procedure for trademark
    -Flowchart for the criminal procedure for copyrights
    -Flowchart on customs recordation process
  • Contact details of IP enforcement bodies in Indonesia

The Manual is up to date as of April 30th, 2020. The Manual is for informational purposes only so users of this Manual should take local legal advice on specific IP cases.

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