It seems the circulation of counterfeit and pirated products still cannot be stopped by law enforcement in Indonesia. Although the government is conducting aggressive raids searching for products that violate IP rights, the illegal practice is still commonplace in several shopping malls and online. This not only affects the IP owner – the state also loses financially from the circulation of counterfeit and pirated products.
In practice, an IP owner can report infringing products to the civil servants at the Directorate General (PPNS) investigator, which will then coordinate with the investigation officers at the state police. The PPNS investigator will conduct an investigation into the field where the counterfeit and pirated products are traded and then seize the products as evidence for a criminal case. Bear in mind that the investigation of infringement of trade marks, patents and industrial designs can only be done by the authorities on the basis of complaints reported by the IP owners affected by the illegal circulation of products. In contrast, with copyright infringement the authorities can act without any reports or complaints from the registered copyright owner.
Unfortunately most seizures by law enforcement officers are not filed as criminal cases with the court. Both sides normally resolve disputes through reconciliation, so that the case finishes without creating a deterrent effect for traders and producers.
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| Nabila Ambadar
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Am Badar & Partners
JL Wahid Hasyim No 14
Jakarta 10340
Indonesia
Tel: +62 21 398 37314/15
Fax: +62 21 398 37300/19
info@ambadar.co.id
www.ambadar.com