RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/220
27 October 2000
(00-4506)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
QUESTIONS POSED BY THE EUROPEAN COMMUNITIES
AND THEIR MEMBER STATES TO INDONESIA
By means of a communication from the Permanent Delegation of the European Commission,
dated 12 October 2000, the Secretariat has received a copy of the following questions from theEuropean Communities and their member States to Indonesia.
_______________
A. G
ENERAL PROVISIONS
1. Please inform and clarify how and when the relevant Bills on intellectual property which are
currently before the Indonesian Parliament will become laws in Indonesia.
2. Please identify relevant amendments of the notifications with regard to the answers provided
to EC questions 2, 3, 7, 9, 10, 15, 16, 20, 23 and 26 (document IP/Q/IDN/1).
B. COPYRIGHT AND RELATED RIGHTS
3. Article 1.5 of the Copyright Law (hereafter referr ed to as CL) as notified appears to provide
for "reproduction".  Please clarify which article of the CL provides that a work must be in a "specific
tangible form".1
4. Please explain why there exists a difference in Article 11(3) of the CL as notified in document
IP/N/1/IDN/1 and the reply given to EC question 5 (document IP/Q/IDN/1).
5. How can, for example, copyright in a "work" also extend to an "interpretation" of the work as
specified in Article 11(1)(n) of the CL and comply with Article 9.2 of the TRIPS Agreement? 2
6. How is it to "be understood" that authors from countries of the Berne Convention are
automatically protected without any registration?  What is the position in relation to other foreign
countries, not being members of the Berne Convention, but being members of the WTO? 3
7. Why is a limitation of the rights of a transferee contained in Article 23 of the CL in the light
of Article 11 of the TRIPS Agreement?4
                                                     
1 See Indonesia's response to EC question 4 in document IP/Q/IDN/1.
2 See Indonesia's response to EC question 5 in document IP/Q/IDN/1.
3 See Indonesia's response to EC question 8 in document IP/Q/IDN/1.
4 See Indonesia's response to EC question 14 in document IP/Q/IDN/1.IP/C/W/220
Page 2
8. Does the "transfer of copyright on all works to another party or entity" as set out in Article 41
of the CL mean that the author is thereupon divested of his rights?  In the light of this, how can
Article 41(d) of the CL be said to include the exclusive rights granted to a successor in title in terms
of Article 11 of the TRIPS Agreement? 5
9. Please clarify whether or not provisions are foreseen in the CL enabling judicial authorities to
order payment of the right holder's expenses (as opposed to damages) as is required by Article 45.2 of
the TRIPS Agreement.6
10. Where, precisely, in Article 42 of the CL, Article 128A of the Patent Law and Article 79B of
the Trademark Law is provision made for the disposal outside channels of commerce (as opposed to
the destruction) of goods as specified in Article 46 of the TRIPS Agreement? 7
C. TRADEMARKS
11. Please confirm whether or not the definitions of "mark", "trademark" and "service mark" in
Article 1 of the Trademark Law of Indonesia, which do not have the elements provided by
Article 15.1 of the TRIPS Agreement, namely that such a mark be
(1) any sign or combination of signs,  and(2) capable of distinguishing the goods or services of one undertaking from those of other
undertakings,
will be modified by Indonesia in the Bill on Marks which is currently before the Indonesian
Parliament.
8
12. Where in Article 51 of the Mark Law (hereafter referred to as ML) is a provision conforming
with the requirements of Article 19.2 of the TRIPS Agreement to be found? 9
13. What is the basis for "a period of five years after the date of registration of the mark" in the
TRIPS Agreement?10
14. Is the fact that there are no specific provisio nal measures to prevent trademark infringements
in the form of a separate injunction procedure not in compliance with Article 50.1(a) of the TRIPSAgreement?  If so, will the Bill currently before the Indonesian Parliament rectify this position?
11
15. What is the basis in the TRIPS Agreement for the provisions of Article 74(2) of the ML
which, as stated by Indonesia, regulate that the court may order the delivery up of infringing goods or
the value of goods after the court's decision has been final and binding and "after the plaintiff has paidthe defendant the price of the goods"?
12
                                                     
5 See Indonesia's response to EC question 19 in document IP/Q/IDN/1.
6 See Indonesia's response to EC question 22 in document IP/Q/IDN/1.
7 See Indonesia's response to EC question 23 in document IP/Q/IDN/1.
8 See Indonesia's response to EC question 28 in document IP/Q/IDN/1.
9 See Indonesia's response to EC question 29 in document IP/Q/IDN/1.
10 See Indonesia's response to EC question 30 in document IP/Q/IDN/1.
11 See Indonesia's response to EC question 32 in document IP/Q/IDN/1.
12 See Indonesia's response to EC question 33 in document IP/Q/IDN/1.IP/C/W/220
Page 3
D. PATENTS
16. Please clarify whether or not, according to Article 122, the right holder will have to
demonstrate that actions by third parties were made "deliberately".13
17. Please indicate which provisions of the Bill on Patents implement Articles 31(i), 31(j) or
31(k) of the TRIPS Agreement.14
18. Please clarify to what extent Article 81 of the Indonesian Patent Law provides that the
authorisation of a compulsory licence shall be considered on its individual merits.14
__________
                                                     
13 See Indonesia's response to EC question 36 in document IP/Q/IDN/1.
14 See Indonesia's response to EC question 40 in document IP/Q/IDN/1.