ASOSIASI INDUSTRI SEPEDA MOTOR INDONESIA

08/23/2013 03:10 Categori: News
By: Cita Citrawinda Noerhadi

IP LAW ENFORCEMENT ISSUES IN INDONESIA FROM A PRACTICAL PERSPECTIVE

The government of Indonesia has proven that it takes IP crimes seriously by devoting resources to a National Task Force, but it is still in need of strong cooperation with IP owners/enterprises, IP stake holders, IP Associations, and close coordination between agencies (Court, Public Prosecutor, Customs, Supreme Court and Police). Strong IPR protection is crucial to protecting and stimulating business and fostering a creative economy. Counterfeit products in the automotive industry (engine parts, tires, disc brake pads, engine components, belts, brake fluid, oil, and filters) are a threat to public safety.

The topic that will be discussed is the legal system from IP protection to enforcement and implementation. As the TRIPs recognizes the importance of effective IPR border measures, how Customs control the importation of infringed goods and Customs ex officio enforcement; therefore, the effectiveness of law enforcement and border measures also depend on a functioning judiciary and close coordination between agencies (Customs, Supreme Court and Police). This close coordination is not functioning optimally today and the Government has not been successful in tackling this. Lack of proper and effective co-ordination and co-operation between government agencies is a problem for enforcing IPR, particularly since it involves close and timely cooperation between many instances. The establishment of the National Team of IPR Piracy Prevention should help remedy this situation.

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