(also published in “AMROOS & PARTNERS IP Update & News” of August 2008 edition)


A two-day seminar was held in Jakarta at the end of August 2008 over the topic of Intellectual Property Rights border control and enforcement in Asian countries. The seminar is held as a part of the cooperation initiative launched together by European business organizations in several Asian countries such as China, Indonesia, Malaysia, South Korea and Vietnam under the title of “Asia-Invest ALLIANCE: The European Business Organization’s IPR Protection Project”.

Papers and speeches from various speakers representing government officials, public, and private sectors in China, Indonesia, Malaysia and Vietnam were presented during the seminar as to provide highlights on current situation of border control measures in the enforcement of Intellectual Property Rights in each different country as seen from each presenter’s perspective.

For Indonesia in particular, the need for strong and effective enforcement of Intellectual Property Rights through border control measures has actually been accommodated under the Law no. 7 of 2006 concerning Customs. According to Article 54 of the Law, it is possible for Customs officials to suspend the release of imported or exported goods from the Customs Area if the goods are suspected to be trademark or copyright infringing goods based upon sufficient evidence.

The suspension, however, may only be executed upon a warrant issued by the Head of the Commercial Court following a request by the respective trademarks or copyrights owner, which must be accompanied by sufficient evidence on the alleged trademark or copyright infringement, evidence of trademark or copyright ownership, sufficiently detailed description of the goods in question, and bond in certain amount. Upon receiving the warrant, the Customs Official shall notify the exporter, importer, or the owner of the goods in question regarding the suspension order. The suspension itself shall last for ten working days and can be additionally extended to another ten-working-days period subject to a further warrant from the Head of the Commercial Court.

Additionally according to Article 62 of the same Law, Customs Official is also authorized to take self-initiative in its official capacity for detaining imported or exported goods if strong evidences are apparent that the goods in question are results of trademarks or copyrights infringement. Usually such actions is carried out by undertaking random physical checking upon exported or imported goods in the Customs Area, and comparing the goods in actual finding with what was declared in submitted export or import documents.  

While so far the Customs Office in Indonesia in fact has already taken some measures in line with its authority, it is apparent that there is more to be done in order to make Intellectual Property Rights enforcement efforts through border control measures more effective. Moreover, customs measures against IPR infringing goods other than copyrights and trademarks are still to be regulated by a further Government Regulation, which is yet to be promulgated up to this moment.

The seminar on IPR border control and enforcement surely provided a precious opportunity for the Indonesian Customs Office to see and compare about how border control measures in respect of IPR enforcement are carried out by their counterparts in other countries of the region. Being a perfect medium to enhance knowledge apart,  this shall also be seen as a very good starting point in extending cooperation among Asian countries in terms of maximizing customs and other border control measures for the improvement of IPR protection in the region.



Perihal Prayudi Setiadharma
Prayudi adalah penulis dan kontributor utama situs/blog Sebagian artikel yang ditulis Prayudi dalam blog ini juga telah diterbitkan dalam bentuk buku berjudul "Mari Mengenal HKI" oleh penerbit Goodfaith Production pada bulan Mei 2010. Prayudi telah menaruh minat yang mendalam pada bidang hukum hak kekayaan intelektual (HKI) sejak mengerjakan tugas akhir di Fakultas Hukum Universitas Padjadjaran, Bandung. Ia lalu memutuskan untuk menekuni minatnya tersebut dengan mengambil program Master of Intellectual Property Laws di University of Melbourne, Australia. Setelah menuntaskan program tersebut, Prayudi lalu bekerja di Law Firm AMROOS & PARTNERS, sebuah kantor hukum spesialis HKI yang berlokasi di Jakarta dan sejak Oktober 2010 berganti nama menjadi AMR PARTNERSHIP, hingga saat ini dimana ia berposisi sebagai Partner.

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