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At-a-glance: Indonesia Industrial Property Office Jalan Daan Mogot KM 24, Tangerang 15119 – Banten, Indonesia Tel: +62 21 552 5388 or 552 4839 Email: helpdesk.ipdl@dgip.go.id Website: www.dgip.go.id In November 2012 Hatta Rajasa, Indonesia's c... [more]

In November 2012 Hatta Rajasa, Indonesia's chief economic minister, announced that GDP growth for 2012 would reach 6.3%. Despite the decrease compared to the 6.5% GDP growth achieved in 2011, Indonesia's economy has remained resilient to global downturn. Increased investment into the country coupled with its fast growth has rendered this country a hot emerging economy. The World Bank reported in December 2012 that investment was responsible for approximately 40% of GDP growth.

Goals for the country are complimented by efforts to ramp up the protection afforded to IP owners with enhanced rights and protection. Patent, copyright and trade mark laws are all under review at the moment, and draft copyright trade mark bills have been issued.

"There have been imminent talks about the IP laws being redone but no realisation," says a prominent practitioner. "We're still waiting because there are a lot of articles and IP laws that are very grey and misleading."

Foreign advocate for SKC Law Andrew Conduit agrees: "The issue is that IP laws keep getting pushed down the priority list. As it stands there are no IP laws listed for review on the legislature's agenda for 2013."

The trade mark amendment proposes to expand the scope of protection to cover three-dimensional marks, sounds and holograms. Practitioners are also looking forward to proposed changes with the copyright bill that would implement a complaints-based infringement system.

Another reason for the amendment of the trade mark law relates to plans for Indonesia to join the Madrid Protocol by 2015. "The bill adds a new chapter that regulates the registration of a trade mark through the Madrid Protocol, although this chapter does not provide details on the procedure for application," says a leading lawyer. "The government expects that the creation of an international registration system in trade marks will help local entrepreneurs that want to register their trade mark overseas."

On July 30 2012, the Supreme Court issued Regulation No 4 of 2012 relating to Temporary Suspension Order No 5 of 2012 regarding Temporary Injunctions. The new rules are in line with persistent efforts to crack down on the prevalent counterfeit market.

Under Regulation No 4, if the case fulfils the prerequisite conditions, it is possible to obtain an order for temporary suspension of the imported and exported goods. Regulation No 5 further gives the IP owner the opportunity to obtain a search warrant and a temporary injunction against alleged industrial design, patent, trade mark and copyright infringers.

This power was not available to IP owners before. "Those regulations help to prevent counterfeit goods from entering into the Indonesian market," says Endra Prabawa of Biro Oktroi Roosseno. "They also help the IP owner to request the authority either in the airport or harbour to hold the alleged counterfeit products."

In response to the growing importance of IP rights, in April 2012 the first IP Rights Arbitration and Mediation Agency was established. Practitioners applaud the development but note that it will take time for its reputation to catch up with established centres in Singapore or Hong Kong to have a true effect.

"I think there's a lot of potential for improvement of IP infrastructure in Indonesia – a lot of opportunities for reforming legislation, strengthening the judiciary and refining legal practice," says Conduit.