RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/IDN//1
IP/Q2/IDN/1
IP/Q3/IDN/1
IP/Q4/IDN/1
4 August 2000
(00-3203)
Council for Trade-Related Aspects
and Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
INDONESIA1
The present document reproduces the introductory statement made by the delegation of
Indonesia, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 26-29 June 2000.2
_______________
I. INTRODUCTORY STATEMENT
Let me take this opportunity to underline how  important this review is for the Indonesian
Government.  For this reason, voluntarily Indonesia made itself available to be reviewed in the first
part of 2000.  This would imply our good faith in meeting Indonesia's obligations under the WTO
Agreement.
Since Indonesia signed and ratified the Final Act Embodying the Results of the Uruguay
Round of Multilateral Trade Negotiations, the country has been fully aware of its obligation to
comply with the TRIPS Agreement.  Following such ratification, Indonesia has taken some necessary
steps, namely:
• Laws and Regulations:  setting up the proper laws and regulations on intellectual
property rights ("IPR");
• Institutions:  developing the proper IPR infrastructure and promoting capacity of the
IPR authorities;
• Public Awareness:  disseminating information on IPR;  and
• Enforcement:  improving coordination of the enforcement of IPR laws.
A. LAWS AND REGULATIONS
At present, the main IPR laws of Indonesia are as follows:
(1) Copyright Law (Law No. 6 of 1982, ame nded by Law No. 7 of 1987 and Law No. 12
of 1997);
                                                     
1 As regards laws and regulations notified by Indonesia under Article 63.2 of the Agreement, reference
is made to documents IP/N/1/IDN/2/Rev.1, IP/N/1/IDN/C/1, IP/N/1/IDN/I/1, IP/N/1/IDN/P/1 andIP/N/6/IDN/1/Rev.1.
2 The minutes of this meeting have been circulated as document IP/C/M/27.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 2
(2) Patent Law (Law No. 6/1989, amended by Law No. 13/1997);  and
(3) Marks Law (Law No. 19/1992, amended by Law No. 14/1997).
1. Copyright Law
The Copyright Law protects not only copyrighted works, but also includes those of
performers, producers of phonograms and broadcasting organizations.  Rental rights for the authors or
the right holders of computer programs, and cinematographic works were also introduced in the Law.
The Law also clarifies the position of works of unknown authorship in that the copyright is held by
the State if the work is unpublished, or by the publisher if the work has been published.  Both are for
the interest of the author of such works.
The works covered under the category of "artistic works" are elaborated further, namely all
forms of arts such as paintings, drawings, engravings, calligraphy, carving, sculptures, collage and
applied arts in the form of handcrafts.  A typographical arrangement of a published edition can now
be copyrighted for 25 years from the first publication.  The protection period for computer programsis also extended to 50 years as from the first publication.
2. Patent Law
The Patent Law has been amended to conform to the standards of the TRIPS Agreement.
Those amendments include among others:
• the term of protection has been increased to 20 years;
• the scope of patentability is also broadened to cover new technologies relating to
food, drinks, and even to plant varieties;
• matters pertaining to application procedures and publication are also in compliance
with the Patent Cooperation Treaty ("PCT") which Indonesia ratified in 1997;
• furthermore, in accommodating the standards under the TRIPS Agreement, a patent
holder shall have the exclusive right to prohibit any other person from:
- in the case of a patented product:  making/producing, selling, importing,
renting out, delivering, using, making available for sale or rental or deliveryof products for which a patent has been granted;
- in the case of patented process:  using the process for which the patent has
been granted to make products, and committing other acts as referred to in a
patent letter;
• in the case of a patented process, the prohibition to import shall only apply to
imported products which are produced solely by the pertinent patented process; and
• in the event that a product is imported to Indonesia and the process to make that
particular product has been protected on the basis of a patent, the holder of the patent
for such process shall be entitled to take legal action against the imported product,
provided that such product is being manufactured in Indonesia using the patented
process.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 3
3. Marks Law
The Marks Law has been revised to satisfy the need of a more effective protection of marks.
Protection of well-known marks has been given more emphasis in the sense that provisions
for prevention and repression of registration or use of well-known marks by unauthorized person has
been strengthened.  The owner of a well-known mark under the above mechanism may only file a
lawsuit for cancellation after having filed an application for registration of his own mark.  This policy
is taken due to the prevailing registration system adopted for mark protection in Indonesia.
Moreover, the Law also includes provisions on Geographical Indications, which are in line
with TRIPS standards.  Geographical Indications protect a sign which indicates the place of origin ofgoods, which due to the geographical environment, including human or the combination of the two,
gives a specific characteristic or quality to the goods produced therein.
Legally, a Geographical Indication shall be protected upon registration where the application
for registration can be submitted by:
• an institution that represents the society in the area which produces the goods
concerned;  or
• an institution that is given authority to do so, or groups of consumers of the goods
concerned.
However, if a sign, which should have been protected under Geographical Indication, is in
fact unregistered, the protection of such sign is then based on source of origin.  Source of origin also
covers protection for a sign, which simply indicates the origin of the goods.  Registration is not
pre-requisite for protection of source of origin.
4. Other laws
Indonesia has not had laws on Industrial Design s, Layout-Designs of Integrated Circuits,
Trade Secrets and Plant Varieties Protection.  The draft laws on those matters are now pending before
the Parliament.  The Government has already submitted the draft laws to the Parliament last year, and
expected that they could be enacted before 1 January 2000.  However, due to political, economic andsocial problems following the change of regime in 1998, their adoption has been delayed since there
are other immediate domestic issues of equal importance that preoccupied both the Government and
the Parliament.  Meanwhile, we expect that those draft laws could be adopted in the near future.
5. International conventions
In 1997 Indonesia has also ratified five international conventions dealing with IPR as an
integral part of our preparations to meet the global free trade framework.  Those five conventions are :
• Paris Convention for the Protection of Industrial Property (Presidential Decree No. 15
of 1997);
• Patent Cooperation Treaty and Regulations under the PCT (Presidential Decree
No. 16 of 1997);
• Trademark Law Treaty (Presidential Decree No. 17 of 1997);IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 4
• Berne Convention for the Protection of Literary and Artistic Work (Presidential
Decree No. 18 of 1997); and
• WIPO Copyright Treaty (Presidential Decree No. 19 of 1997).
B. INSTITUTIONS
In the field of institutions, Indonesia has promoted the institutional status of IPR
administration under the Department of Law and Legislation.  It is noted that in the beginning, IPR
problems are only handled at a directorate level.  However, in 1988, through Presidential Decree
No. 32 of 1988, the institution has been elevated to become a directorate general covering three
directorates of Copyrights, Patents, and Trademarks.  To fulfil the TRIPS obligations, in 1998
Presidential Decree No. 144 regulates that the three directorates should also cover the other IPR
matters namely Industrial Designs, Trade Secrets and Topographies of Integrated Circuits.  Further, tocope with current needs, in 1999 through a Ministerial Decree, the Directorate General is equipped
with a new directorate to handle the automation and information systems, so that over all, it covers
four Directorates and a Secretariat.
The Directorate General of IPR and Ministry of  Law and Legislation have made every effort
to improve its services to society by, among other things, initiating a project on an integrated
automated system, with the assistance of the Worl d Bank to provide a good and transparent service.
Apart from that, to facilitate matters for people in suburban areas, the role of branch offices of the
Department of Law and Legislation will be optimized to respond better to the demands for IPR
registration.  The main objective in improving th e bureaucratic and administrative systems that was
completed is not only meant to comply with TRIPS Agreement but also to improve our service to the
public.
C. P
UBLIC AWARENESS
One of the problems encountered by the Government of Indonesia is the problem of
disseminating information and promoting the public awareness of IPR.  So far, information has been
disseminated in almost all provinces of Indone sia with the main targets being law enforcers,
universities, professional organizations, users and the general public.  Some of these programs are
conducted with the assistance of international organizations/foreign agencies such as:  World
Intellectual Property Organization, Australian Patent Office, European Patent Office, JapanInternational Cooperation Agency, Japan Patent Offi ce and US Patent and Trademark Office etc.  In
this context, I would like to take this opportunity to express our appreciation and gratitude to the
institutions and governments of the respected countries that have extended various assistance to
Indonesia.  Believing that such cooperation would bring about mutually beneficial advantages to our
common objectives in this important area, my Government would welcome further technical and
financial assistance and cooperation.
D. E
NFORCEMENT
The most crucial problem faced by the Indonesia, as in other countries too, is in its law
enforcement.  However, it is expected that under the new regime law enforcement, especially in the
field of intellectual property, will eventually improve.
As understood, piracy and infringement of copyrights and trademarks are considered as
crimes and therefore will be handled by the police and Government's special IP investigators.  So far,
both the police and the Government's special IP investigators have continuously undertaken a
sweeping and seizure of pirated and infringed goods to be further processed by the courts.  It certainly
is not an easy task as society's awareness of IP is still very limited.  The riot that took place few weeksIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 5
ago in Jakarta when the Government conducted a raid of pirated VCDs showed how the issue of
enforcement remains a problem and a careful approach to handle infringements is needed.
Finally, I would like to inform the meeting that we have provided detailed answers with
regard to questions submitted by the governments of Switzerland, Japan, the United States and
Canada.  We will provide answers in writing to all follow-up questions within the agreed time frame,
particularly to those questions which were received just recently or in the course of this meeting.
II. RESPONSES TO QUESTIONS POSED BY CANADA
1. We understand that draft legislation, as well as amendments to existing intellectual
property legislation, were submitted to Parlia ment to modify Indonesia's intellectual property
regime:
(a) Have these amendments and draft legislation been implemented?
(b) If not, when are they likely to be implemented?
The Government of Indonesia, under the auspices  of the Department of Law and Legislation,
has already prepared three bills in the new field of intellectual property rights.  They are respectively
Bills on Industrial Designs, Layout-Designs of Integrated Circuits and Trade Secrets.  These three
bills are now being discussed in the House of Repr esentatives and scheduled for promulgation in July
2000.  Besides, under the auspices of the Department of Agriculture, a Bill on Plant Variety
Protection is also being tabled before the House of Representatives.  In addition to the above bills, theGovernment is also proposing 3 other bills on the revision of the existing Copyright Law (Law No. 6
of 1992 on Copyright as amended by Law No. 7 of 1987 and lastly by Law No. 12 of 1997), Patent
Law (Law No.6 of 1989 as amended by Law No. 13 of 1997), and Marks Law (Law No. 19 of 1992
as amended by Law No. 14 of 1997).  These bills are also being tabled in the House of
Representatives.
As to when the implementation of these bills will commence, it depends on the results of
discussion between the Government and the House of  Representatives.  According to the schedule,
the promulgation of the bills will be done in this year.
2. Please describe the process for registration of trademarks.  What civil and
administrative procedures and remedies are available to the owner of a registered trademark toprevent unauthorized use of a similar or identical sign by a third party (Article 16.1)?
Under the Marks Law, an application for the registration of mark shall be submitted in writing
in the Indonesian language to the Marks Office.  The application shall be furnished with :
• a written statement that the mark being submitted for registration is his property;
• 20 (twenty) specimens of label of mark;
• a supplement to the State Gazette containing the deed of  incorporation of legal entity
or a valid copy of the deed, if the applicant of a mark for registration is a legal entity;
• a power of attorney, if the application is submitted through a proxy;
• a payment of fee.
The process for mark registration in Indonesia comprises:
• formality check (within 14 days);IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 6
• publication (6 months);
• substantive examination (9 months);
• certification (30 days).
The procedure for registration of marks can be seen in Annex 1.
Under the Marks Law, the holder of a registered mark has the right to :
• transfer the right upon his mark (Articles 41 to 43);
• give a licence to other parties (Articles 44 to 50);
• file a lawsuit against any other party who unlawfully uses his mark for goods or
services which is similar in its essential parts or its entirety to his mark (Article 72).
The Marks Law provides a legal protection against the use of registered marks by an
unauthorized party.  The provisions can be found in :
- Article 72, which stipulates that the owner of a registered mark may file a lawsuit
against a person or legal entity who unlawfully uses his mark for goods and services
which has similarity in its essential part or its entirety with his mark.
- Article 81, which stipulates that any person who deliberately and without right uses a
mark which is similar in its entirety to a registered mark owned by another person or
another legal entity for the same kind of goods or services produced and or traded
shall be sentenced to imprisonment for a maximum period of 7 (seven) years and a
fine of a maximum amount of Rp.100,000,000 (one hundred million rupiah).
- Article 82, which stipulates that any person who deliberately and without right uses a
mark which is similar in its essential part to a registered mark owned by another
person or another legal entity for the same kind of goods or services produced and ortraded shall be sentenced to imprisonment for a maximum period of 5 (five) years and
a fine of a maximum amount of Rp. 50,000,000 (fifty million rupiah).
3. What protection does your copyright legislation afford to foreign works?
Indonesia has become a member of the Berne Convention for the Protection of Literary and
Artistic Works and the WIPO Copyright Treaty since 5 September 1997. As a consequence, asprovided for in Article 48 points b and c of the Copyright Law, foreign works get the same protection
as granted to works of Indonesian citizens.
4. What recourse do right holders have in respect of wilful trademark counterfeiting or
copyright piracy on a commercial scale, as required by Article 61?
Infringements of copyrights and marks constitute felonies that are handled by the police and
civil servant investigators (PPNS).
From time to time, the police and PPNS conduct the sweeping and confiscation of counterfeit
goods in various places throughout Indonesia and bring the cases to the court. The recent action by the
police that confiscated pirated video compact discs (VCD) in the Glodok shopping center, Jakarta,
showed just one effort of law enforcement against IPR piracy.  Prior to this action, the police have
made a number of successes in combating infringements on IPR in other cities such as Batam,IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 7
Tangerang and Surabaya.  Nevertheless, it must be admitted that the efforts of law enforcement in the
field of IPR need time and patience in light of the current condition of national economy and politics.
III. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. GENERAL
1. It is understood that drafts implementing  the following provisions are currently under
deliberation in the Indonesian House of Representatives:
 (a) Industrial designs (Articles 25 and 26 of the TRIPS Agreement);
 
(b) Plant varieties protection law (Article 27.3(b));
(c) Layout-designs (topographies) of integrated  circuits (Articles 35 to 38);  and
(d) Protection of undisclosed information (Article 39).
Please advise if these provisions are being adop ted and when they will become law in Indonesia.
Please be informed that at the moment, the bills relating to intellectual property which are being
tabled before the Parliament are:
(a) Bill on Industrial Designs;(b) Bill on Layout-Designs of Integrated Circuits;(c) Bill on Trade Secrets;(d) Bill on Plant Varieties;(e) Bill on Copyright and Related Rights;
(f) Bill on Patents; and
(g) Bill on Marks and Geographical Indications.Please note, however, that the bills under (e), (f) and (g) are only revisions to the existing
laws on  the same subjects.  These existing laws which have been described in our response to
questions posed by some countries are the results of the adjustment to the TRIPS Agreement.
Discussions of the bills before the Parliament are expectedly to be finalized in the near future.
2. There seems to be no specific statutory provisions either in force or in contemplation in
Indonesia relating to:
(a) control of anti-competitive practices in contractual licences (Article 40 of the
TRIPS Agreement);
(b) provisional (judicial) measures (Article 50);  or
(c) special requirements related to border measures (Articles 51 to 60).IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 8
Please advise if it is the intention of the Indonesian government to bring such statutory
provisions into force in Indonesia and, if so, when.
(a) Provisions concerning the control of anti competitive practices in contractual licences
will be governed by implementing regulations - on licence agreements - of each
intellectual property law.
(b) Provisional measures (Article 50 of the TRIPs Agreement) are regulated in the
existing Customs Law.  However, to a certain extent, it has also been proposed to be
accommodated in the bills on intellectual property as mentioned above.
(c) Special requirements to border measures (Articles 51 to 60 of the TRIPS Agreement)
have been included in the Customs Law.
B. COPYRIGHT AND RELATED RIGHTS
3. Please clarify why there are no definitions of key elements such as "broadcast",
"publicize", "reproduce", "rental", "compilations of data or other material", "rental rights"
and "literary and artistic works" in Article 1 or please provide detailed information on how
these concepts are applied under Indonesian Law.
The definition of "publicize" can be found in Article 1.4., and the definition of "reproduce"
can be found in Article 1.5. of the existing Copyright Law.  Meanwhile, the definitions of "broadcast",
"rental rights", "compilation of data or other material", and "literary and artistic works" have been
accommodated in the new Bill on Copyright and proposed to be also defined in Article 1.
4. Please explain how the definition of "work" in Article 1.2 of the Copyright Law can be
justified in the light of the restriction of covera ge to "expressions and not to ideas, procedures,
methods of operation or mathematical concepts as  such" as specified in Article 9.2 of the TRIPS
Agreement and the similar distinction for compilations in Article 10.2.
Article 1.5 of the Copyright Law defines that a work must be in a specific tangible form.  This
means that it cannot exist only in the form of idea but it has to be in a real/ tangible form.
5. Please explain how the definition of "other works" in Articles 11(1)(n) and 26(1)(j) of
the Copyright Law can be justified in the light of  the spirit and intention of Article 9.2 and the
second sentence of Article 10.2 of the TRIPS Agreement.
The definition of "other works" shall always refer to Article 1.2 which is further clarified in
Article 11 paragraph (3) of the Copyright Law which regulates that:
"Works protected by Copyright shall include all works which have not or are not yet
published, but, constitute a tangible form which allows the reproduction of such works."
6. Please explain how the definition of "reproduction" in Article 1.5 of the Copyright Law
and particularly the words "including to chan ge the form or mode of a work" accords with
Article 9.2 of the TRIPS Agreement.
"Reproduction" as mentioned in Article 1.5 can be defined as an activity dedicated to increase
the amount of a works in the same or similar manner, or in a manner resembling such works by using
same or different materials, including its transformation.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 9
7. Why is it that the definition of "computer program" in Article 1.7 of the Copyright Law
does not comply with Article 10.1 of the TRIP S Agreement or Article 2(1) of the Berne
Convention (1971) mentioned therein?  Is a "computer program" to be viewed as a "literary
work" as defined in those Articles?
Computer programs are protected under the Copyright Law.  They are considered as a literary
work and can be protected in both forms:  viz. "source code" and "object code".  Elaboration in this
regard can actually be seen in the elucidation of the Copyright Law.  However, clarification and
improvement/amendment in this regard have been proposed to be considered in the new Bill on
Copyright.
8. Please explain how the definition of "author" in Article 5 of the Copyright Law does,
notwithstanding Article 48 of the Copyright Law, complies with Articles 3 and 5 of the Berne
Convention (1971)?
In principle, copyright protection for an author exist automatically, without any formalities.
However, the Copyright Law facilitates copyright registration as a prima facie  evidence of the
Copyright ownership.  Those who have been regist ered as authors will be acknowledged as authors
except proven otherwise.  It should also be und erstood that author from foreign countries, being
members of the Berne Convention, are automatically protected without any registration.
9. Why is it that the list set out in Article 11(1) of the Copyright Law does not, for example,
make any mention of "compilations of data or other material" as specified in Article 10.2 of the
TRIPS Agreement and "literary and artistic work s" as specified in Article 2 of the Berne
Convention (1971)?
Although Article 11 paragraph (1) of the Copyright Law does not specifically mention
"compilation of data" and "literary and artistic works", it should be understood that these matters are
considered to be covered under such provision.  However, clarification and improvement/amendment
in this regard have been proposed to be considered in the new Bill on Copyright.
10. Please clarify whether or not the limitations or exceptions to the exclusive rights granted
to a copyright owner as specified in Article 15 of the Copyright Law extend beyond thelimitations and exceptions prescribed in Article 13 of the TRIPS Agreement?
Article 15 of the Copyright Law is not in compliance with the Berne Convention nor
Article 13 of the TRIPS Agreement.  Therefore, clarification and improvement/amendment in this
regard have been proposed to be considered in the new Bill on Copyright.
11. Is the exception to a broadcast right providin g a form of compulsory licence in favour of
the Indonesian government in Article 17 of the Copyright Law designed to avoid normal
exploitation of a work, or to avoid unreasonable prejudice of the legitimate interests of the right
holder, or even to be limited to certain special cases within the terms of Article 13 of the TRIPS
Agreement and Article 11 bis of the Berne Convention ?  If so, how will the exception operate
and what are the precise limits on its use, espe cially in light of the rights granted to the
broadcasters by Article 17(2) of the Copyright Law?
The exception to a broadcast right as provided in Article 17 of the Copyright Law is limited to
certain cases within the terms of TRIPS Agreement and the Berne Convention.  The decision to
impose the exception is based on the consideration that the broadcasting of the copyrighted works is
deemed necessary for the purpose of national interest.  The limit to this exception is that the recording
of the broadcast material could only be done by the authorized radio or television broadcasting
institutions using their own equipment and stric tly for their own broadcasting purposes.  TheseIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 10
limitations mean that no mechanical rights should arise from the recording of the broadcast material
and also there is no right for the authorized broadcasting institution to give a license to other
institutions to broadcast the recorded material.  The copyright holder is entitled to obtain appropriate
compensation not only for the initial broadcasting but also for the subsequent broadcastings.
12. Please explain the basis for the provisions in Articles 18 and 19 of the Copyright Law.
Articles 18 and 19 of the Copyright Law are exceptional provisions to the rights of a
copyright holder in general because in this case the rights of the copyright holder are limited and
always under the control of the person whose portrait is made by the copyright holder.  The basis of
these provisions is that the personal right of a person who was photographed can not be harmed ormisappropriated by the photographer or the copyright holder.
13. Please explain the scope of the limitations or exceptions contained in Article 22 of the
Copyright Law.
The factual owner of copyrighted objects in the forms of photographs, paintings, drawings,
architecture, sculpture or other works of art is not limited in his rights to exhibit the works of art
owned by him in a public exhibition or to reproduce it in a catalogue.  No permission is needed for
such an exhibition or reproduction from the copyright holder.  However, this right is also limited by
the right of the person photographed, who needs to be asked for his permission for his portrait to beexhibited or reproduced in a catalogue.
14. Please explain whether or not the provisions of Article 23 of the Copyright Law are a
limitation of the rights of a transferee.
Yes, the provisions of Article 23 of the Copyright Law are a limitation of the rights of a
transferee.
15. Please explain how Article 27(2a) of the Copyright Law can be justified in the light of
Article 12 of the TRIPS Agreement.
Article 27 paragraph 2(a) of the Copyright Law does not comply with Article 12 of the TRIPS
Agreement.  However, in the new Bill on Copyright the term of protection for such works has been
adjusted as to conform with the standard set out in the TRIPS Agreement.
16. Please explain how Article 28Ba of the Copyright Law can be justified in view of
Article 12 of the TRIPS Agreement.
Please see the answer to question number 15.
17. Please explain how Articles 29 and 38C of the Copyright Law, requiring copyright as
well as licences to be registered with the Copy right Office and empowering the Office the right
to refuse registration under certain circumstances, do not introduce procedures and formalities
which are contrary to Article 62 of the TRIPS Agreement.
Article 29 of the Copyright Law regulates on registration of copyrights, as an initial evidence
of the right holder.  However, a registration does not constitute as prerequisite protection of thecopyrights, since Indonesia considers that registration is based on voluntary basis.  With regard to
Article 38C of the Copyright Law on licensing agreements, there is an obligation to record the related
agreement in the Copyrights Office.  For those who do not record their agreements in the Copyrights
Office, such agreements do not bind other third parties.   It is expected that this obligation can be used
as a means to monitor the volume and effectiveness of licensing activities in Indonesia.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 11
18. Please explain the rationale behind Article 41, and particularly 41(d), of the Copyright
Law.  Please clarify if Article 41 extends the rights of the author beyond the limitation to
"expressions" in Article 9.2 of the TRIPS Agreement.
Article 41 of the Copyright Law is meant to acknowledge and reserve the moral right of the
copyright holder, provided that the related works constitute tangible forms.  To be more specific,
Article 41(d) is dedicated to prohibit the distortion of the content of such work.
19. Please explain how the requirements in Ar ticle 42(2) of the Copyright Law, that
compensation be paid to an infringer as a pre-re quisite to the confiscation of goods, comply with
Article 46 of the TRIPS Agreement.
The requirement in Article 42 paragraph (2) of the Copyright Law, which stipulates that
compensation be paid to an infringer, is applicable  only for an "innocent infringer" e.g. the party who
is not aware that its action is infringing another part y's rights.  In view of this special condition, the
requirement is not contradictory to Article 46 of the TRIPS Agreement.
20. Please explain how Article 43 of the Copyright Law complies with Articles 41 and 61 of
the TRIPS Agreement.
Article 43 of the Copyright Law is devoted solely for own use, so that a person not trading
such goods does not infringe Articles 41 and 61 of the TRIPS Agreement.  However, this provision is
under consideration for amendment.
21. Please explain whether and how Article 45 of  the Copyright Law, or elsewhere in the
Copyright Law, enables judicial authorities to order payment of the right holders’ expenses as
required by Article 45 of the TRIPS Agreement?
 Article 42 paragraph (1) of the Copyright Law states that the copyright holder shall have the
right to claim for damages to the judicial author ities against copyright infringement and to request
confiscation of the published goods or the reproduction of such goods.
22. What is the basis in Indonesian Law for th e disposal outside channels of commerce or
destruction of infringing goods or their means of  production as specified in Article 46 of the
TRIPS Agreement?
The basis in the Indonesian Law for the disposal outside of channels of commerce or
destruction of infringing goods are found in Article 42 of the Copyright Law, Article 128A of the
Patent Law and Article 79B of the Marks Law (with regard to geographical indications).
23. Please explain whether and how the Indone sian Law complies with Article 50 of the
TRIPS Agreement requiring provisional measures to prevent infringement and/or to preserveevidence.
 Provisions as mentioned in Article 50 of the TRIPS Agreement are not available in the
Copyright Law.  However, this matter has alread y been accommodated in the new Bill on Copyright.
24. Please provide examples of recent penalties imposed by Indonesian Courts in respect of
breaches of Copyright Law.
The examples of recent penalties imposed by the Indonesian courts in respect of breaches of
the Copyright Law are as follows:IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 12
Copyright Works Locus Delicti Remark
Copyright on books of sport, Jakarta District Court:
health education and physical Imprisonment for 6 (six)
education months and a fine of
Rp. 500,000.
Copyright on Computer Banda  Aceh Appellate Court:
Defendant is not guilty
Designs-arts of packing
machineJakarta District Court:
Imprisonment for 2 (two)
years and a fine of
Rp. 10,000,000.
25. With regard to Article 48 of the Copyright Law, are sound recordings protected as
copyright or neighbouring rights under the Copyright Law?  What is the extent of such rights
and exceptions enjoyed by record producers?  If sound recordings are protected under the
neighbouring rights régime, is the right of co mmercial rental conferred on record producers as
required by the TRIPS Agreement?
Article 48 of the Copyright Law legally is devoted to the protection to all works and
neighbouring rights belonging to Indonesian citizens and non-Indonesian citizens, residents and
non-residents, and legal entities.
Since the protection of copyright and neighbouring rights is on voluntary basis, this
mechanism certainly benefits the rights holder. The right of commercial rental conferred on recordproducers as required by the TRIPS Agreement is addressed in Article 2 paragraphs 2 and 3 of the
Copyright Law.
26. Please explain whether and how the Indonesian Law complies with:
(a) Article 9.1 of the TRIPS Agreement or Articles 1 through 21 of the Berne
Convention (1971);
(b) Article 14 of the TRIPS Agreement;
(c) Article 14.6 of the TRIPS Agreement and the Rome Convention (1961);  and
(d) Article 35 of the TRIPS Agreement and the Articles of the Treaty on Intellectual
Property in Respect of Integrated Circuit s mentioned in Article 35 of the TRIPS
Agreement?IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 13
As mentioned earlier, the Copyright Law does not fully comply with several provisions in the
Berne Convention and TRIPS Agreement, including those of Article 9 of the TRIPS Agreement or
Articles 1 through 21 of the Berne Convention, Article 14 of the TRIPS Agreement, and Article 14.6
of the TRIPS Agreement and the Rome Convention (1961).  However, the Bill on Copyright hasalready accommodated those regulations.
Whereas, with regard to Article 35 of the TRIPS Agreement, a Bill on Layout-Designs of
Integrated Circuits is being discussed before the Parliament.  During its preparation, the WIPO has
extended its technical assistance.
B. T
RADEMARKS
27. Please explain how Article 3 and/or 72(1)  of the Trademark Law provides for the
protection of trademarks against similar signs.
Article 3 of the Marks Law is the embodiment of the first-to-file principle adopted by such
law.  The Article also provides the grounds for further regulating the duration of protection, the right
to use the mark by the owner himself or to give a licence to other parties either to a person, a number
of persons together or a legal entity.  In particular, Article 3 does not refer to the protection of
trademarks against similar signs.  Whereas Article 72 paragraph (1) provides the protection oftrademarks against similar signs, reference should be made to Article 6 paragraph (1) which
differentiates between identical and similar marks.  The coverage of protection given in Article 72
paragraph (1) applies to signs, which are identical as well as similar to the registered trademarks.
Note: The wording of Article 72 paragraph (1) lacks clarity in the sense that it does not
elaborate on the similarity of goods or services, as compared to Article 16.1 of the TRIPS Agreement.
This shortcoming will be corrected in Bill on the Marks as stated above.
28. Please explain how the provisions of article 51(2) of the Trademark Law conform to the
use provisions of Article 19 of the TRIPS Agreement.
Article 51 paragraph (2) of the Marks Law conforms with the use provisions of Article 19 of
the TRIPS Agreement.  According to paragraph (2) of Article 51 , a trademark registration is subject
to be deleted ex officio  by the Marks Office if the mark has not been used for three (3) consecutive
years or more for trade in goods or services from the date of registration or the first use, except if
there are excuses acceptable to the Marks Office.  The exceptions or excuses that are acceptable
include: (a) import prohibition;  (b) prohibition related to the permit for the distribution of goodsusing the mark or any temporary decision from the competent authority;  (c) other similar prohibitions
imposed by Government Regulations.
29. Please explain how Article 57 of the Trademark Law complies with Article 15.5 of the
TRIPS Agreement.
Article 57 paragraph (1) of the Marks Law provides a five-year time-limit for commencing
cancellation proceedings against trademark registration, calculated from the registration date of said
trademark registration.  However, Article 57 paragraph (2) provides that there shall be no time limit
for commencing cancellation proceedings against a trademark registration if the mark should not have
been registered because it contains elements, which are against morality and public order.  Elucidation
of Article 57 paragraph (2) explains that "bad faith" is contrary to public order.  On affording a
reasonable opportunity for petitions to cancel trademarks registrations, Article 57 is fully in
compliance with Article 15.5 of the TRIPS Agreement and goes even further as to comply with
Article 6 bis paragraphs (2) and (3) of the Paris Convention.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 14
30. Please provide examples of recent penalties for trademark infringement and recent
remedies granted by Indonesian Courts.
In the recent "PHILIPY" light bulbs infringements case, the Jakarta Central District Court
punished the accused with a penalty of five months  imprisonment with a probation period of one year.
There is no known case where the Court has granted remedy in the form of award for
damages.  However, there was a recent Supreme Court decision in favour of the owner a well-known
trademark against a notorious local trademarks pirate.
31. Please describe in detail how Indonesian La w provides provisional measures to prevent
trademark infringements.
There are no specific provisional measures to prevent trademark infringements in the form of
a separate injunction procedures.  However in an infringement case brought about by virtue of
Article 72 of the Marks Law, the owner or the licensee of the trademark registration as plaintiff, underArticle 74 may request a provisional decision by the court to stop the defendant from trading the
goods or services using the infringing mark.
32. Please explain whether or not it is possible for the court to award the infringing
defendant compensation to the value of goods which are ordered to be destroyed or delivered upfollowing the finding of trademark infringement.
Article 74 paragraph (2) of the Marks Law regulates that the court may order the delivery up
of the infringing goods or the value of goods after the court's decision has been final and binding and
after the plaintiff has paid the defendant the price of the goods.
33. Please explain how Indonesian Law protects "well known marks" and cite relevant
provisions.
The protection of well-known marks in Indonesia is provided for in Article 6 paragraphs (3)
and (4), and Article 85A.  Article 6 paragraph (3) provides that the Marks Office may refuse an
application for registration of a mark that has similarity in its essential part or in its entirety with awell-known mark owned by another party and used for similar goods or services.  While Article 6
paragraph (4) applies to goods or services which ar e dissimilar.  Article 85A provides that the Marks
Office may reject application for renewal and assignment of registered marks if said marks are
identical or similar to a well-known mark owned by another party, with reference to the provisions of
Article 6 paragraphs (3) and (4).
Note: With regard to dissimilar goods or services, Article 6 (4) provides that the application
of the provision is subject to certain requirements, which will be further regulated in a Government
Regulation.  The said Government Regulation has not been promulgated yet and consequently the
provision has not been applied by the Marks Office.
34. Please clarify which categories of signs are covered by the definitions of "mark",
"trademark" and "service mark" in Article 1 of the Trademark Law.
Article 1 point 1 defines "mark" as to cover signs in the forms of drawings, names, words,
letters, numerals, arrangements of colours, or combinations of those elements which are capable of
distinguishing goods or services.  Whereas the definition of "trademark" in Article 1 point 2 refers to
the use of those signs for distinguishing goods of the same nature, the definition of "service mark" in
Article 1 point 3 refers to the use of those signs for distinguishing services of the same nature.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 15
D. P ATENTS
35. The exclusive rights granted by a patent are defined in Article 1.1 of the Indonesian
Patent Law and these rights are, as it were, redefined in Articles 17, 20, 21 and 122 of that law.Please explain how these provisions, provide the patentee the exclusive right to prevent third
parties from making, using, offering for sale, selling or importing the patented invention?
The statement of "prohibit any other person who without his consent" as stipulated in
Article 17 of the Patent Law clearly provides the patentee the exclusive right to prevent third parties
from making, using, offering for sale, selling or importing the patented invention.
Further, Article 122 ensures that the patent holder or licensee shall be entitled to bring a
lawsuit for damages through the local District Court from any person who deliberately and without
rights performed any action as referred to in Article 17 against his rights.
Moreover, Articles 126 and 127 regulate the sanction to any person who deliberately and
without rights infringes or violates the rights of the holder of a patent or a simple patent (petty patent).
36. Please explain how Articles 1.2, 2 and 7 of the Patent Law comply with the provisions of
Article 27 of the TRIPS Agreement which applies to all products or processes in all fields of
technology?
Articles 1.2 and 2 of the Patent Law are the manifestation of Article 27.1 of the TRIPS
Agreement, while Article 7 complies with Article 27.2 and 27.3 of the TRIPS Agreement.
37. Please explain what is a "simple patent" under Article 10 of the Patent Law, and how
the provision complies with the requirement Article 33 of the TRIPS Agreement?
Simple patent or petty patent is regulated under Articles 6, 10, 110, 111, and 112.  In brief
such a right is granted to an inventor of a process or product, which is novel and possesses the
qualities of a simple invention, which because of its shape, configuration, construction, or component,
possesses practical use values.  It will only be granted for one claim and the term of protection is 10
(ten) years as from the date of issuance of the Simple Patent Certificate.  Refusal of a simple patent orpetty patent application is final and cannot be appealed.
38. Please explain how Article 30(2)(i) of the Patent Law complies with the provisions of
Article 29.1 of the TRIPS Agreement?
Although Article 30 paragraph (2) point 1 of the Patent Law does not comply with
Article 29.1 of the TRIPS Agreement, other provisions in the Law, such as Articles 3, 4, 60 and the
elucidation of Article 30 paragraph (2) point h, clarify how a full description must be prepared.
39. Please explain how Articles 81 to 93 of th e Patent Law comply with the specific and
detailed requirements of Article 31 of the TRIPS Agreement.
Articles 81 to 93 of the Patent Law are the application of Article 31 of the TRIPS Agreement.
It can be further described as follows:IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 16
TRIPS
ArticleArticles in the Patent Law,
as the TRIPS Implementation
31 (a) 81
31 (b) 82 (2) ; 83 (1 a. 3) and 83 (1) b.
31 (c) 83 (1) 86 d 90 (1
31 (d) 86 a.
31 (e) 88 (2a) b, and 92
31 (f) 83 (1) b. and 86 g.
31 (g) 84 and 89 (1)
31 (h) 85 and 86 (e)
31 (i)
31 (j) -
31 (k) -
31 (1) 88
Please be informed that those TRIPS Articles which have not been regulated are considered to
be included in the Bill on Patents.
IV. RESPONSES TO QUESTIONS POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain how the protection is provide d for works, phonograms, performances and
broadcasts from other WTO Members under the Law on Copyright and Neighbouring Rights
of Indonesia (hereinafter referred to as "Copyright and Neighbouring Rights Law").  Please
describe the provisions of the Copyright and Neighbouring Rights Law which provide for the
National Treatment and Most-Favoured-Nation T reatment as required by Articles 3 and 4 of
the TRIPS Agreement as well as Article 9.1 of the Agreement which incorporates Article 5(1) of
the Berne Convention.
The protection of copyright is regulated under Law No. 6 of 1982 on Copyright, as amended
by Law No. 7 of 1987 and lastly by Law No. 12 of 1997 (hereinafter referred to as the "Copyright
Law").  The Copyright Law provides protection for authors as well as for performers, producers of
phonogram and broadcasting organization.  The protection of copyrights is granted by the Law
automatically without any requirement of registration.  However, for the benefit of the author to prove
his authorship, the Law provides registra tion of copyrights on voluntary basis.
Article 48 points b and c of the Copyright Law provide the same treatment for domestic
authors and foreign ones.
2. Please explain exceptions or exemptions to National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Under the Copyright Law, there is no exception to the principles of national treatment  and
most-favoured-nation treatment .IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 17
3. Please explain whether and how Indonesia provides retroactive protection to works,
phonograms, performances from other WTO Members, as required by Articles 9.1, 14.6, and
70.2 of the TRIPS Agreement which apply, mutatis mutandis , Article 18 of the Berne
Convention.  Please indicate the date to which su ch protection extends back with respect to each
category of subject-matter.
Indonesia has ratified the Berne Convention and WIPO Copyright Treaty.  Indonesian
membership of the Berne Convention and the WIPO Copyright Treaty have been effective since
5 September 1997.
4. Please explain whether protection of "computer programs" under the Copyright and
Neighbouring Rights Law covers computer programs in both source and object code, asrequired by Article 10.1 of the TRIPS Agreement.  Are those computer programs protected as
literary works in accordance with Article 2.1 of the Berne Convention?
Computer programs are protected for their "source code" and "object code". They are
protected as literary works.
5. Please indicate the provisions of the Indo nesian Copyright Law which provide for the
protection of "database", as required by Articl e 10.2 of the TRIPS Agreement.  Please explain
how the Law complies with the said Article of the Agreement.
The Copyright Law does not stipulate that databases are one of the subject matters of
copyright.  However, compilations of data are protected under the Law.  Under the new Bill on
Copyright and Related Rights, databases are one of the protected subject matters.
6. Please explain the term of protection of a work, such as a work by a body corporate,
under the Copyright and Neighbouring Rights Law, as required by Article 12 of the TRIPS
Agreement.
For a work that belongs to a legal entity, the term of protection commences from the
publication of the work for the first time and lasts for 50 years or 25 years, depending on the type ofworks.
7. Please explain how Article 15 of the Indonesian Copyright Law complies with Article 13
of the TRIPS Agreement, which requires that limitations and exceptions to exclusive rights
confined to certain special cases which do not conflict with a normal exploitation of the work
and do not unreasonably prejudice the legitimate interests of the right holder.
Article 15 of the Copyright Law is not yet in compliance with the international convention on
copyright.  However, under the Bill on Copyrigh t and Related Rights, the provisions on compulsory
licences will fully comply with the special provisions  for developing countries as provided for in the
Berne Convention.
Follow-up question (posed by the United States):
Please explain how Article 15 of the Copyright Law is not yet in compliance with
Indonesia's international obligations, as stated by Indonesia in its response to question 7 posed
by Japan.  How will this be mo dified by future legislation?
Article 15 of the Copyright Law is not yet in compliance with the special provisions for
developing countries of the Berne Convention, because under that article all kinds of works are
subject to compulsory licensing, while the Berne Convention provides that only certain works areIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 18
subject to compulsory licensing.  In the new Bill the provisions on compulsory licensing have been
adjusted so as to comply with the said provisions of the Berne Convention.
B. TRADEMARKS
8. Please explain how Article 72 of the Indonesian Trademark Law complies with
Article 16.1 of the TRIPS Agreement when goods a nd services are similar to those in respect of
which the trademark is registered.
Article 72 of Law No. 19 of 1992 on Marks as amended by Law No. 14 of 1997 (hereinafter
referred to as the "Marks Law") complies with Article 16.1 of the TRIPS Agreement.
According to Article 72 of the Marks Law, the owner of a registered mark may file a lawsuit
against a person or legal entity that unlawfully uses his mark for goods and services which is similar
in its essential part or its entirety to his mark
Follow-up question:
According to your reply to question 8, Article 72 of the Law on Marks, amended in
1997, provides the trademark protection prescr ibed in Article 16.1 of the TRIPS Agreement
when goods or services are identical to those in  respect of which the trademark is registered.
But Article 72 of the Law does not seem to pr ovide the trademark protection prescribed in
Article 16.1 of the TRIPS Agreement when goods or services are not identical but similar to
those in respect of which the trademark is regist ered.  Please explain how Article 72 of the Law
complies with Article 16.1 of the TRIPS Agreement , when goods and services are not identical
but similar to those in respect of which the trademark is registered.
Article 72 of the Marks Law provides the trademark protection for both identical and similar
goods and services, as prescribed in Article 16.1 of the TRIPS Agreement.  For clarification of this
matter, reference is made to Article 1 point 2 and point 3 of the Marks Law.  Point 2 specifies that a
trademark is used for distinguishing goods of the same nature, while point 3 specifies that a servicemark is used for distinguishing services of the same nature.  The interpretation of "goods and services
of the same nature" as meant by the Law is that it covers both identical and similar goods or services.
9. Please explain how a well-known trademark is protected in Indonesia, as required by
Article 16.2 and 16.3 of the TRIPS Agreement in conjunction with Article 6 bis of the
Paris Convention.
The protection of well-known marks in Indonesia is provided for in paragraphs (3) and (4) of
Articles 6 and 85 of the Marks Law.
As provided for in paragraph (3) of Article 6 of the Marks Law, the Marks Office may refuse
an application for registration of mark which is similar in its essential part or in its entirety to a mark
that has already been known and belongs to another person for the same kind of goods and services.
Further, paragraph (4) of Article 6 provides that the provision of paragraph (3) may also apply
to any goods or services that are not in the same kind, provided that they fulfill certain requirements.
Article 85A stipulates that any application for the renewal of a mark and for the transfer of a
mark which has been registered shall be refused by the Marks Office, if the mark concerned is similarin its essential part or in its entirety to a well-known mark of another person, in accordance with the
provisions of Article 6 paragraphs (3) and (4).IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 19
C. GEOGRAPHICAL INDICATIONS
10. Please explain how geographical indications are protected in Indonesia, as required by
Article 22.2 of the TRIPS Agreement.
The protection of geographical indications is stipulated in Article 79A and Article 79B of the
Marks Law.  Article 79A paragraph (1) provides that geographical indications shall be protected as a
sign which indicates the place of origin of goods, that due to its geographical environment factors,
including the factors of nature, human or the combin ation of these two, gives a specific characteristics
and quality on the goods produced therein.
Article 22.2 of the TRIPS Agreement and Articl e 79B paragraph (1) of the Marks Law both
provide that the right holder of a geographical indication may file a lawsuit against an unlawful userof the geographical indication, such as to claim for damages, injunction order and the disposal of
labels of the geographical indication concerned that has been used unlawfully.
11. Please explain how legislation of Indonesi a implements the requirements of Article 22.3
of the TRIPS Agreement.
In implementing the requirements of Article 22.3 of the TRIPS Agreement, the Marks Law
contains a provision that an application for registration of mark will be refused if it is offensive to
morality and public order.  The use of certain geographical indications as marks may be considered
unethical.  This provision is stipulated in Article 5 point a of the Marks Law.
12. Please explain how legislation of Indonesi a provides the additional protection for
geographical indications for wines and spirit s prescribed under Article 23 of the TRIPS
Agreement.
Under the Marks Law, the protection of geographical indications is regulated in Articles 79A
and 79B.  However, there is no specific reference with regard to wines and spirits as prescribed in
Article 23 of the TRIPS Agreement.
Follow-up question:
In response to question 12, Indonesia states that there is no specific reference with
regard to wines and spirits as prescribed by Article 23 of the TRIPS Agreement.  Please explain
when and how Indonesia provides the additional protection for geographical indications for
wines and spirits as required by Article 23 of the TRIPS Agreement.
Articles 79A and 79B of the Marks Law cover protection for geographical indications in
general;  they shall be read as to include wines and spirits.  There is no doubt that even though there isno specific reference to wines and spirits, these provisions are meant to protect both goods.  However,
additional protection for wines and spirits is considered to be included in the Bill on Marks.
D. I
NDUSTRIAL DESIGNS
13. Please indicate how legislation of Indonesia provides the protection of industrial designs
prescribed in Articles 25 and 26 of the TR IPS Agreement and in Article 2 of the TRIPS
Agreement which applies, mutatis mutandis , Article 5 quinquies  of the Paris Convention.
Up to the present, Indonesia has not had any law on industrial designs.  However, fulfilling its
obligations under the TRIPS Agreement, the Government has prepared a bill on industrial designs thatIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 20
is now being discussed before the House of Representatives.  The approval from the House of
Representatives is scheduled to be granted in July 2000.
Follow-up question:
According to your reply to question 13, the House of Representatives is now discussing
the Bill on Industrial Designs and the Bill is scheduled to pass the House of Representatives in
July 2000.  Please explain the detailed informat ion about the Bill as well as the scheduled date
for the entry into force of the Bill.
The Bill on Industrial Designs has been prepared  by the Department of Law and Legislation.
In its preparation, some related departments/agencies, institutions and private sectors, including
universities, research and development institutions were involved.  Besides, consultation with the
World Intellectual Property Organization was undertaken.  The main principles of the Bill include:
(a) the right to an industrial design shall be based upon its registration;
(b) the fulfilment of the novelty requirement;
(c) a substantive examination will be undertaken only when there is an opposition lodged
by a third party toward publication of the industrial design application;
(d) the term of protection is ten years, and is not renewable;
(e) settlement of disputes by the Commercial Court, or by arbitration or alternative
dispute resolution mechanism.
The Bill is scheduled to be passed by the Parliament in the near future, however it depends on
the result of the discussion between the Government and the Parliament.
E. PATENTS
14. Please explain how the provisions of Article 18(II), (III) and (IV) of the Indonesian
Patent Law, which provide requirements for exceptions to obligation to patent implementation
in the territory of the Republic of Indonesia as required by Article 18(I), comply with Article 30
of the TRIPS Agreement which stipulates that limited exceptions to the exclusive rights do notunreasonably prejudice the legitimate interests of the patent owner.
The ground that underlines the provision of Article 18 paragraph (1) of Law No. 6 of 1989 on
Patents as amended by Law No. 13 of 1997 (hereinafter referred to as the "Patent Law") is that
Indonesia needs to accelerate its national industry from the implementation of the patents system in
the country.  However, taking into consideration that not all patents could be implemented, either
because of technical reasons and economic ones, exceptions are provided to the right holders under
the provisions of Article 18 paragraphs (2), (3), and (4) that the implementation could be carried outin a regional scale.  However, a regional implementation should be based on an appropriate reason by
submitting a written evidence to the Patents Office.
F. P
ROTECTION OF UNDISCLOSED INFORMATION
15. Please explain how undisclosed information is protected in Indonesia, as required by
Article 39.2 of the TRIPS Agreement.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 21
The protection of undisclosed information in Indonesia has so far been regulated partially in
Article 382 bis of the Penal Code ( Wetboek van Strafrecht ).  In addition to such criminal provisions,
an owner of trade secret may also bring a civil claim for damages according to Article 1365 of the
Civil Code ( Burgerlijk Wetboek ).
Along with the discussion of Bills on Industrial Designs and Layout-Designs of Integrated
Circuits in the House of Representatives, a Bill on Undisclosed Information or Trade Secrets is also
on the House's agenda.
G. ENFORCEMENT
16. Please indicate the remedies which the judi cial authorities order regarding intellectual
property rights, including injunctions, damages, expenses, destruction or disposal of infringing
goods, materials or implements for their producti on.  Please explain the criteria for and the way
of calculation to decide the amount of the damages which judicial authorities order to the
person who infringes intell ectual property rights to pay to the right holder.
The remedies which judicial authorities order regarding intellectual property rights can be
described as follows:
In general, these remedies are provided for in the Civil Procedure Law which is originally
called Het Herziene Indonesisch Reglemen (HIR)  and Reglemen op de Burgerlijke rechsverordening
Verordening (Rv).   Some of the provisions have been amended by a number of Circular Letters of the
Supreme Court (Surat Edaran Mahkamah Agung)  as a response to practical needs.  In intellectual
property laws there are some specific provisions, which are in compliance with the TRIPS
Agreement.
With regard to injunctions, the Civil Procedure Law does not recognize this system like the
one in the common law system.  The closest provisional measures under the Law are the provisionaldecisions, which are rendered after the court session has taken place, but before the final decisions are
concluded by a panel of judges in the court of first instance. As provided for in Article 332 Rv, a
provisional decision is aimed to satisfy the provisional petition i.e. the petition of the party so that the
court takes a preliminary action to prevent further losses or damages suffered by a party (either
plaintiff or defendant) during the case being examined by the court.
With regard to damages, in the practices of Indonesian judiciary, based on a Circular Letter
issued by the Supreme Court, it is stipulated that the court would grant only damages for an injured
party that are limited to the actual damages.  The plaintiff should submit evidence before the court
about the actual loss or damages caused by the infringement. Based on this evidence and the amount
claimed, the court would grant damages for the plaintiff (IP right holder).
In respect of expenses, usually it is claimed by a plaintiff and calculated together with
damages.  Meanwhile, the court only decides the official payment that must be paid to the court as
case expenses.  Unlike the common law system in which expenses including lawyers' fee and other
plaintiff's expenses are calculated, the Law only recognizes the official payment to the court that must
be paid by the loser in the case.  These provisions can be found in Article 182 of the Civil ProcedureLaw.
The Civil Code and Civil Procedure Law do not recognize and do not allow a plaintiff's claim
to destroy or to dispose infringing goods, materials or components for their production. However, it is
possible for the judges to do so under the Penal Code and Law No. 8 of 1981 on the CriminalProcedure Law.  The latter provides that all evidence that is used as a means of criminal offence may
be seized to be destroyed or disposed.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 22
In Indonesia, an infringement of intellectual property rights is also considered a criminal
abuse.  Therefore, the Indonesian authority for law enforcement such as police officers and public
prosecutors may take legal actions with or without any complaint from the rights holder.  Thedestroying or disposal of such infringing goods is under the authority of the public prosecutors as the
executor of judges' decision in criminal cases.
Back to the civil law perspective, the criteria an unlawful conduct and damages are in general
based on the provisions of Article 1365 of the Civil Code.  They provide that any unlawful conduct
that injures other person shall incur damages due to hi s negligence.  It has been well established in the
Indonesian jurisprudence that the criteria of unlawful conduct are that:
• the action is against his or her own right;
• the action is against his or her own obligation;
• the action is against the rights and obligation of others;
• the action is against the principle of fairness and equity.
The calculation of the amount of damages that the judicial authorities order to a person
infringing the intellectual property rights of the right holder is based on the claim and calculation
submitted by the plaintiff (the right holder).
However, the judges are not allowed to grant damages beyond the claim of the plaintiff.
Another limitation is that in principle damages only include the actual loss, not the future profit or the
loss of profit that cannot be actually calculated.  In Indonesia, this principle has been well established
as jurisprudence.
17. According to your response to the Checklist of Issues on Enforcement, provisional
measures as stipulated in Article 50 of the TR IPS Agreements are secured in the Basic Judicial
Law, the Civil Procedure Code and specific intellectual property legislation.  Please indicate
which provisions of the above laws comply with Article 50 of the TRIPS Agreement.
The provisional measures as stipulated in Article 50 of the TRIPS Agreement are not
expressly secured in the Basic Judicial Law (Law No. 14 of 1970 as amended by Law No. 35 of 1999)
or the Civil Procedure Law since the above laws are not addressed specifically to the need of
intellectual property rights protection but for the protection of civil rights in general.  However, it can
be construed that the laws as mentioned above ar e sufficient to comply with the requirements in
Article 50 of the TRIPS Agreement.
Most of the provisions in Article 50 of the TRIPS Agreement are secured sufficiently in the
Customs Law (Law No. 10 of 1995), especially from Arti cles 54 to 60.  It is provided in detail in such
articles that a custom officer, with or without permission from a judge, has authority to detain andprevent any goods which allegedly infringe one's IPR, to enter or exit the Indonesian territory.
The Basic Judicial Law in general regulates the authority of the court to examine and
adjudicate any case and to give an order that is considered necessary to protect the public and national
interests.
The Civil Procedure Law, as provided for in Article 180, allows the judges to draw a decree
that is not based on a dispute but on the request of a party to prevent further damages and losses.
In the intellectual property legislation such as the Copyright Law, Patent Law and Marks
Law, there are no clear provisions that comply directly with Article 50 of the TRIPS Agreement.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 23
18. Please indicate titles of laws and regulations and their provisions in which the
suspension of the release of counterfeit tradem ark of pirated copyright goods is prescribed, as
stipulated in Article 51 of the TRIPS Agreement.  Please explain types of intellectual property
rights about which the suspension can be ma de upon an application by a right holder.
As already mentioned, the suspension of release of counterfeit marks or pirated copyright
goods in the Indonesian territory is regulated in the Customs Law, specifically from Articles 54 to 60.
A suspension can be made based on an application by a right holder.  Besides, it can also be
done ex officio .  However, there has not existed any implementing regulation on this matter.
Follow-up question:
In response to question 18, Indonesia states that there has not existed any implementing
regulations on this matter.  This means that under your laws and regulations, the enforcement
procedure concerning Article 51 of the TRIPS Agreement is not available so as to permit
effective actions against counterfeit trademark or  pirated copyright goods.  Please explain how
your laws and regulations comply with Articles 41.1 and 51 of the TRIPS Agreement.
Although the implementation regulation on this matter has not existed, it does not mean that
the enforcement procedure concerning Articles 41.1 and 51 of the TRIPS Agreement is not available.
The Customs Authority has been taking ex officio  action for the suspension of counterfeit trademark
or pirated copyright goods.  Details of the actions taken by the Customs Authority since 1998 are
shown in our response to question 51 posed by the United States.
19. Please explain the kind and amounts of criminal penalties including imprisonment and
fines regarding intellectual property rights.  In particular, are the crimes persecuted only when
the injured party has made a formal accusation?  Please also explain whether penalties are
consistent with Article 61 of the TRIPS Agreement which requires the penalties to be sufficient
to provide a deterrent, consistently with the level of penalties applied for crimes of a
corresponding gravity.
Under the Copyright Law, the criminal provisions  of copyrights violation are provided for in
Article 44 that stipulates that:
• any person who deliberately and without right publishes or reproduces a work or
gives permission for this purpose shall be sentenced to imprisonment of at most 7
(seven) years and/or a fine of at most Rp. 100,000,000 (one hundred million rupiah);
• any person who deliberately broadcasts, exhibits, distributes, or sells to the public a
work or goods resulting from a copyright infringement referred to in paragraph (1)shall be sentenced to imprisonment of at most 5 (five) years and/or a fine of at most
Rp. 50,000,000 (fifty million rupiah);
• any person who deliberately violates the provisions of Article 16, regarding the
prohibition of publication of any work contrary to morality and public order, shall besentenced to imprisonment of at most 3 (three) years and/or a fine of at most Rp.
25,000,000 (twenty five million rupiah);
• any person who deliberately violates the provisions of Article 18, regarding the use of
photographic works, shall be sentenced to imprisonment of at most 2 (two) years and/
or a fine of at most Rp. 15,000,000 (fifteen million rupiah).IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 24
Under the Patent Law, the criminal provisions of patents violation are stipulated from
Articles 126 to 127:
• Article 126 provides that any person who deliberately and without rights infringes the
rights of a patent holder shall be sentenced to imprisonment of at most 7 (seven) years
and a fine of at most Rp. 100,000, 000 (one hundred million rupiah);
• further, Article 127 provides that any person who deliberately and without rights
violates the rights of a holder of petty patent shall be sentenced to imprisonment of at
most 5 (five) years and a fine of at most Rp. 50,000,000 (fifty million rupiah).
Under the Marks Law, the criminal provisions of marks violation can be found in the
following articles:
• Article 81 provides that any person who deliberately and without right uses a mark
which is similar in its entirety to a registered mark owned by another person or
another legal entity for the same kind of goods or services produced and or traded
shall be sentenced to imprisonment for a maximum period of 7 (seven) years and a
fine of a maximum amount of Rp.100, 000,000 (one hundred million rupiah);
• Article 82 provides that any person who deliberately and without right uses a mark
which is similar in its essential part to a registered mark owned by another person or
another legal entity for the same kind of goods or services produced and or traded
shall be sentenced to imprisonment for a maximum period of 5 (five) years and a fine
of a maximum amount of Rp.50,000,000 (fifty million rupiah);
• Article 84 provides that any person who trades in goods and or services that are
known or reasonable to be known that the good and or services concerned result from
an infringement as referred to in Article 81 and Article82 shall be sentenced to
imprisonment of a maximum period of 1 (one) year and or a fine of a maximum
amount of Rp.10,000,000 (ten million rupiah).
The Marks Law also regulates the criminal provisions of violation on geographical
indications that can be found in Articles 82A and 82B:
• Articles 82A paragraph (1) provides that any person who deliberately and without
right uses a mark which is similar in its entirety to a geographical indication owned byanother person or another legal entity for the same kind of goods shall be sentenced to
imprisonment for a maximum period of 7 (seven) years and a fine of a maximumamount of Rp.100,000,000 (one hundred million rupiah).   Further, paragraph (2)
provides that any person who deliberately and without right uses a mark which is
similar in its essential part to a geographical indication owned by another person or
another legal entity for the same kind of goods or services produced and or traded
shall be sentenced to imprisonment for a maximum period of 5 (five) years and a fineof a maximum amount of Rp.50,000,000 (fifty  million rupiah);
• Article 82B stipulates that any person who deliberately and without right uses a sign
which is protected under source of origin on goods or services that is likely to deceiveor mislead people as to the origin of the goods or services concerned shall be
sentenced to imprisonment for a maximum period of 5 (five) years and a fine of amaximum amount of Rp.50,000,000 (fifty million rupiah).IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 25
The criminal process of the IPR violation is not based on the complaint of the right holders.
This means that police officers and civil servant investigators of IPR or customs officers can make an
action whenever they see a violation.
The sanctions for IPR violations as provided for the existing IPR laws, if it is compared to the
provisions of Article 61 of the TRIPS Agreement, are considered fair enough.  The term of 7 (seven)
years in imprisonment at the maximum is considered adequate so that an infringer will not repeat his
wrongdoings.  Whilst, the amount of fine of  Rp.100.000.000 (one hundred million rupiah) is no
longer considered adequate so that it needs to be revised.
H. ACQUISITION OF INTELLECTUAL PROPERTY RIGHTS
20. Please explain how Article 8 of the Indonesian Patent Law, which provides that "the
granting of patents for certain inventions" may be postponed by Presidential Decision "for a
period of at the most of five years", compli es with Article 62.2 of the TRIPS Agreement which
stipulates that "Members shall ensure that the procedures for grant or registration … permit
the granting or registration of the right within  a reasonable period of time so as to avoid
unwarranted curtailment of the period of protection".
The postponement of a given patent for 5 years with a presidential decree as provided for in
Article 8 of the Patent Law is to anticipate an invention filed at the Patents Office that may damage or
hamper the economy of Indonesia.
The term of postponement of a given patent for 5 years is maximal.  This means that if the
Government of Indonesia is of the opinion that there is no need to postpone the patent for 5 years,
then the term may be less.  Moreover, the five-year postponement is very casuistic.
Article 8 of the Patent Law is, therefore, considered in compliance with Article 62.2 of the
TRIPS Agreement.
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A. PATENTS AND PLANT VARIETY PROTECTION
1. Does the Indonesian legislation protect plant varieties by patents, an effective sui generis
system or by a combination of the two? If one of the two latter cases applies, please describe
your system.
Under our existing law – Law No.6 of 1989 as amended by Law No. 13 of 1997 concerning
patents (referred to as the "Patent Law") – plant varieties are protected.
Follow-up question:
Please explain in more detail how and by what type of protection the Indonesian
legislation protects plant varieties and indicate what provisions of law or regulations apply.(Citations of the pertinent provisions of the resp ective Act or regulation are requested;  if the
texts of these laws or regulations have not yet been notified to the WTO, copies are requested
pursuant to Article 63.2 of the TRIPS Agreement).
As understood, the previous Patent Law (Law No. 6 of 1989) in Article 7 point b, stated that a
patent shall not be granted to a plant variety.  However, the existing Patent Law (Law No. 13 of 1997IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 26
as a revision of Law No. 6 of 1989) amends it through the deletion of the content of Article 7 point b.
Hence, at the moment, a plant variety can be protected in the form of a patent as long as it fulfils the
requirements of patents.
However, please also be aware that at pres ent, the Government, under the auspices of the
Department of Agriculture, is preparing a sui generis  plant variety protection system.  A draft law of
the sui generis  protection system is being tabled before the Parliament.
2. Does your law, in accordance with Articl e 27.1 in combination with Article 31 of the
TRIPS Agreement, recognize importation as "working a patent" (and therefore preclude a
compulsory licence)?
Yes, the Patent Law recognizes importation as "working a patent".
3. Does your law provide for the possibility of a compulsory licence in case a second patent
cannot be exploited without infringing another patent ("the first patent")?  If yes, under what
conditions will such a compulsory licence be granted?
Yes, it is mentioned under Article 88 of the Patent Law, provided that the matter should be
decided by the court.  However, the court will cons ider whether efforts to obtain such a licence have
been made by the applicant ("second patent" holder).
4. How does your law protect process patents and the products deriving from such a
patented process?  Is the protection of either of them subject to the products being locally
produced?
Yes, it is regulated in Article 21 of the Patent Law with regard to process patents and product
patents.  This provision was adopted from Article 5 quater  of the Paris Convention.
Follow-up question:
Please explain whether, pursuant to Articl e 21 of the Indonesian Patent Law No. 13 of
1997, products deriving from a patented process which are produced outside Indonesia but
imported into Indonesia are protected.
Products deriving from a patented process an d produced outside Indonesia but imported into
Indonesia, are protected.  However, the following condition as governed in Article 18 of the Patent
Law shall also be satisfied:
(a) there is evidence that the manufacturing of such products locally is not possible due 
to economic reasons, so that it is only appropriate to be carried out on a regional 
scale;
(b) there is evidence that it is manufactured in an acknowledged region such as ASEAN.
Based on Article 20, an importation is not considered as an implementation of a patent in Indonesia.B. P
ROTECTION OF UNDISCLOSED INFORMATION
5. Does your legislation ensure that undisclosed and confidential test data or other data
submitted by an applicant to the responsible state agency in the procedure for market
authorization of a pharmaceutical product is protected against disclosure and against unfair
commercial use by a competitor, for example by prohibiting a second applicant from relying on,IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 27
or from referring to the original data of the first applicant, when applying subsequently for
market authorization for his own product?
6. Does your legislation provide for exceptions to this?  If yes, under what conditions would
such exceptions apply?
The provisions concerning the protection of undisclosed information are covered in the draft
Law on Trade Secrets, which is now being discu ssed in Parliament.  Along with draft Laws on
Industrial Designs, Layout-Designs of Integrated Circuits, this draft law will hopefully be enacted in
the near future.
VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provided to nationals of other WTO Members.
The existing laws on intellectual property rights in Indonesia are Law No. 6 of 1982 on
Copyright as amended by Law No. 7 of 1987 and la stly by Law No. 12 of 1997 (hereinafter referred
to as the "Copyright Law"), Law No. 19 of 1991 on Marks as amended by Law No. 14 of 1997
(hereinafter referred to as the "Marks Law") and Law No. 6 of 1989 on Patents as amended by Law
No. 13 of 1997 (hereinafter referred to as the "Patent Law").
The Government of Indonesia, under the auspices  of the Department of Law and Legislation,
has already prepared three bills in the new fields of intellectual property rights.  They are,
respectively, Bills on Industrial Designs, Layout-D esigns of Integrated Circuits and Trade Secrets.
These three bills are now being discussed in the House of Representatives and scheduled for
promulgation in July 2000.
Besides, under the auspices of the Department of Agriculture, a Bill on Plant Variety
Protection is also being tabled before the House of Representatives.
In addition to the above bills, the Government is also proposing 3 other bills on the revision
of the existing Copyright Law, Patent Law and Marks Law.  These bills are also being tabled in the
House of Representatives.
The existing IPR laws as well as all bills that are now being discussed adopt the principles of
national treatment and most-favoured-nation treatment.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how Indonesia's copyright law complies with Article 9 of the
TRIPS Agreement requiring that Members comp ly with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have any rights or
obligations regarding the latter under the TRIPS Agreement.
Basically, the Copyright Law has already complied with the standards of international
conventions in the field of copyrights.  This Law does not only provide the protection for copyrightsIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 28
but also for related rights.  However, there are still some provisions that need to be revised.  The
revision has been formulated in a new Bill on C opyright and Related Rights, as mentioned earlier.
As to compliance with Article 9 of the TRIPS Agreement, in May 1997 Indonesia ratified the
Berne Convention for the Protection of Literary and Artistic Works with the Presidential Decree
No. 18 of 1997.
Follow-up question:
Please describe the specific provisions regarding copyright protection in the new Bill on
Copyright and Related Rights that amend or modify existing provisions in the currentCopyright Law.  What deficiencies in the existi ng legal regime for the protection of copyrights
are these revisions intended to address?  What are the prospects and schedule for passage of the
Bill?
The new Bill on Copyright and Related Rights has been tabled before the Parliament at the
moment.  It is expected that the new Bill will be passed by the new Parliament in the near future.
Quite a few changes included in the new Bill as well as  new issues in the effort to comply with the
international conventions on copyright such as the Berne Convention and the TRIPS Agreement are
as follows:
(a) the term of protection of copyright in general is life plus seventy (70) years, except
for certain works which are protected for fifty (50) years;
(b) the inclusion of the "technological measures" provisions as specified in the WIPO
Copyright Treaty and the WIPO Performances and Phonograms Treaty;
(c) the provisions on "compulsory licensing" are adjusted to comply with the special
provision for developing countries of the Berne Convention;
(d) the introduction of "interlocutory injunctions";(e) settlement of disputes by the Commercial Court;(f) the panel sanctions are made cumulative (imprisonment plus monetary fine) and the
fine is increased to become Rp. 300,000,000 (three hundred million rupiah);
(g)  the provision on fair dealing requires that the exploitation of the work is not contrary
with the reasonable interests of the authors;
(h) databases are included as a subject-matter of copyright.
3. Please explain how Indonesia's copyright law protects computer programs as literary
works and compilations of data as required by Article 10 of the TRIPS Agreement.
Under the Copyright Law, computer programs are protected both for their "source code" and
"object code".  They are protected as literary works.  Compilations of data are also one of the works
protected.  The protection of copyrights is granted by these laws automatically without any
requirement of registration.  However, for the benefit of the author to prove his authorship, theCopyright Law provides registration of copyrights on voluntary basis.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 29
4. Article 11 of the TRIPS Agreement require s that WTO Members provide rental rights
for computer programs and cinematographic works.  Please cite to and describe the provisions
of Indonesia's copyright law that implement this obligation.
The provisions on rental rights for computer programs and cinematographic works are
provided for in Article 2 paragraph (2) of the Copyright Law.  However, a government regulation that
will further regulate the implementation of these provisions is still in preparation
5. Please describe the terms of protection provided by Indonesia's copyright law for works
of authors and artists, including photographic wo rks and works of applied art and cite to the
relevant provisions of law.
Generally, the term of protection is for life plus 50 (fifty) years. There are some works that
have the term of protection for 25 (twenty-five) years, which commences from the date a work ispublished for the first time. These provisions are regulated in Articles 26 and 27 of the Copyright
Law.
6. Please describe in detail the protection Indonesia's copyright law provides for
performers, the term of the protection provided.
Article 43C paragraph (1) of the Copyright Law provides for the protection for performers
and broadcasting organizations for 50 (fifty) years, computed from the first time the performance is
published.  Nobody can record or broadcast the right of a performer nor publish a performance
without his consent.
7. Article 14.2 of the TRIPS Agreement requires that WTO Members provide producers of
phonograms with the right to authorize or prohibit  the direct or indirect reproduction of their
phonograms.  Article 14.2 also requires that producers of phonograms have the right to
authorize or prohibit the commercial rental to  the public of originals or copies of their
phonograms.  Please describe in detail how Indonesia's copyright law implements these
obligations.
The protection for producers of phonograms is provided for in Article 43C paragraph (2) of
the Copyright Law.  A producer of phonogram has the right to authorize or prohibit the direct or
indirect reproduction of his phonograms as well as to make available for commercial rental
[Article 43C paragraph (3)].  As mentioned earlie r, a government regulation for the implementation of
rental rights is still in preparation.
8. Article 14.4 of the TRIPS Agreement requires that WTO Members provide producers of
phonograms with rental rights in their phonograms.  Please describe in detail how Indonesia's
copyright law implements this obligation and cite to the appropriate provision.
The provision is contained in Article 43C paragraph (3), which provides that a broadcasting
organization shall have an exclusive right to give consent or to prevent any other person who without
its consent makes, reproduces and rebroadcasts its work.
9. Article 14.6 requires that WTO Members restore rights to performers and producers of
phonograms in relation to performances or phonograms respectively that are still underprotection in their country of origin if those performances or phonograms have not had a full
term of protection in the territory of those WTO Members.  Please describe in detail how
Indonesia has implemented that obligation and cite to the relevant provisions of law.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 30
There is no special provision on this case.  However, based on the principle of "National
Treatment", if a work has already become a publi c domain, according to the Copyright Law, the work
is not protected under the Copyright Law although, according to the copyright law of the original
country, it is still under protection.  On the other hand, an Indonesian citizen whose work has becomea public domain cannot claim any protection in other countries where it has a longer protection.
C. T
RADEMARKS
10. Please describe the subject-matter that can comprise a trademark under Indonesia's
trademark law.
The scope of marks based on the Marks Law includes marks for goods and services.  The
protection system of marks in Indonesia adopts the first-to-file system.  Whilst the term of protectionfor mark registration is 10 (ten) years.
11. Please describe the procedure that must be followed to register a trademark in
Indonesia, citing the provisions of the law under which such registration is provided, and
describing the rights such registrati on provides the owner of the mark.
Under the Marks Law, an application for the registration of mark shall be submitted in writing
in the Indonesian language to the Marks Office.  The application shall be furnished with:
• a written statement that the mark being submitted for registration is his property;
• 20 (twenty) specimens of label of mark;
• a supplement to the State Gazette containing the deed of incorporation of legal entity
or a valid copy of the deed, if the applicant of a mark for registration is a legal entity;
• a power of attorney, if the application is submitted through a proxy;
• a payment of fee.
The process for mark registration in Indonesia comprises:
• formality check (within 14 days);
• publication (6 months);
• substantive examination ( 9 months);
• certification (30 days).
The procedure for registration of marks can be seen in Annex I.
Under the Marks Law, the holder of a registered mark has the rights to:
• transfer the right upon his mark  (Articles 41 to 43);
• give a licence to other parties (Articles 44 to 50);
• file a lawsuit against any other party who unlawfully uses his mark for goods or
services which is similar in its essential parts or its entirety to the mark (Article 72).
12. Please explain whether Indonesia's trademark law provides for publication of a
trademark either before it is registered or promptly after it is registered, and describe in detail
how the trademark procedure otherwise compli es with Article 15.5 of the TRIPS Agreement.
As provided for in Article 19 of the Marks Law, at the latest of 14 days from the filing date,
the Marks Office shall announce the application for registration of mark that has fulfilled the
requirements of Article 9 and Article 10.  If an application is filed with a priority right, it should also
fulfil the requirements of Article 12 and Article 13.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 31
The announcement period lasts for 6 months.  During this period, any body may file objection
in the form of a written statement addressed to the Marks Office [Article 22 paragraph (1)].
According to Article 23, the applicant for the mark  has the right to counter the objection filed
against his application.
13. Please explain how Indonesia's trademark law provides a presumption of likelihood of
confusion where an identical mark  for identical goods and services  is used without authorization
on identical goods or services as required and cite to the appropriate provision.
The Marks Law provides a legal protection against the use of registered marks by
unauthorized party.  The provisions can be found in:
• Article 72 which stipulates that the owner of a registered mark may file  a lawsuit
against a person or legal entity who unlawfully uses his mark for goods and serviceswhich has similarity in its essential part or its entirety with his mark;
• Article 81 which stipulates that any person who deliberately and without right uses a
mark which is similar in its entirety to a registered mark owned by another person oranother legal entity for the same kind of goods or services produced and or traded
shall be sentenced to imprisonment for a maximum period of 7 (seven) years and afine of a maximum amount of Rp.100, 000,000 (one hundred million rupiah);
• Article 82 which stipulates that any person who deliberately and without right uses a
mark which is similar in its essential part to a registered mark owned by another
person or another legal entity for the same kind of goods or services produced and or
traded shall be sentenced to imprisonment for a maximum period of 5 (five) years and
a fine of a maximum amount of Rp.50,000,000 (fifty million rupiah).
14. Please describe in detail how Indonesia's trademark law provides for protection of
well-known trademarks and service marks, ci ting to the relevant provisions of law.
The protection of well-known marks in Indonesia is provided for in Article 6 paragraphs (3)
and (4), and Article 85A.
Article 6 paragraph (3) provides that the Marks Office may refuse an application for
registration of a mark that has a similarity in its essential part or in its entirety with a mark, which is
already known belonging to another person for the same kind of goods or services.  Paragraph (4)
further stipulates that the provisions of paragraph (3) also apply to any goods and or services that are
not in the same kind, provided that they fulfil certain requirements.  However, a GovernmentRegulation regarding the requirements is still under preparation.
15. Please give the term of protection Indonesia's trademark law provides for trademark
registrations and describe the term and any conditions for renewals.
A registered mark shall have legal protection for a period of 10 (ten) years retroactive to the
filing date of the registration of the mark concerned (Article 7 of the Marks Law).  The period of
protection of a registered mark may be extended for additional periods of the same duration
[Article 36 paragraph (1) of the Marks Law].  Paragraph (2) of Article 36 further stipulates that anapplication for extension of the period of protection of a registered mark shall be filed in writing byIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 32
the owner or his proxy within a period of not more than 12 (twelve) months and at least 6 (six)
months prior to expiry of the period of protection of said registered mark.
16. Please describe how Indonesia's trademark law comports with the use provisions of
Article 19 of the TRIPS Agreement.
Article 51 of the Marks Law provides that the Marks Office shall remove a mark registration
from the General Register of Marks, when it is proven that:
• the mark has not been used for 3 (three) consecutive years or more for trade in goods
and or services from the date of registration or of the last use, except there is excuse
which is acceptable to the Marks Office, i.e.:
- import prohibition;
- prohibition related to the permit for the distribution of goods using the mark
concerned or any temporary decision from the competent authority;
- other similar prohibitions imposed by Government Regulation.
• the mark is being used for the kind of goods and or services which is not in pursuant
to the kind of goods and or services for which the mark application for registrationwas filed, including the use of mark which is not in accordance with the registered
mark.
The above provisions are in compliance with Article 19 of the TRIPS Agreement.
17. Please describe any conditions placed on use of trademarks under Indonesia's law and
cite to the relevant provisions.
As already mentioned, the Marks Law provides that the use of a mark should be in pursuant
to the kind of goods or services for which the mark application for registration was filed.  Failure to
comply with this provision will result in the removal of mark registration.
18. Please describe any conditions placed on the licensing or assignment of trademarks
under Indonesia's laws and cite to the relevant provisions.
The provisions on licences of marks are stipulated from Articles 44 to 50 of the Marks Law.
Some of these provisions are as follows:
• the owners of a registered mark shall be entitled to grant a licence to another person to
use all or part of the kinds, which belong to one class by an agreement;
• a licensing agreement shall be effective for the entire territory of the Republic of
Indonesia, unless agreed otherwise, for a period not exceeding the period of
protection of the registered mark concerned;
• a licensing agreement shall be recorded by the Marks Office in the General Register
of Marks and shall be announced in the Official Gazette of Marks.
The provisions on the transfer of right on a registered mark are regulated from Articles 41
to 43.  Some of these provisions are as follows:IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 33
• The right to a registered mark may be transferred by means of inheritance, testament,
donation, agreement or other reasons recognised by law.
• The transfer of rights to a registered mark shall be accompanied by supporting
documents.
A request for the transfer of rights to a regist ered mark shall be recorded at the Marks Office.
D. GEOGRAPHICAL INDICATIONS
19. Please describe in detail the provisions of Indonesia's laws or regulations that provide
for the recognition of geographical indications required by Articles 22.2 and 23.1 of the TRIPS
Agreement and provide citations to those laws.
The protection of geographical indications is stipulated in Articles 79A and 79B of the Marks
Law.
Article 79A paragraph (1) provides that geographical indication shall be protected as a sign
which indicates the place of origin of goods, which due to its geographical environment factors,
including the factor of the nature, the human or the combination of the two factors, gives a specificcharacteristics and quality on the goods produced therein.
To comply with Article 22.2 of the TRIPS Ag reement, Article 79B paragraph (1) of the
Marks Law further provides that the right holder of a geographical indication may file a lawsuit
against an unlawful user of the geographical indica tion, such as to claim for damages, injunction order
as well as disposal of labels of the geographical indication concerned which have been unlawfully
used.
20. Please describe the criteria considered in determining whether recognition should be
given a geographical indication under Indonesia's laws.
Based on Article 79A of the Marks Law, a sign is considered as a geographical indication if it
indicates the place of origin of goods, which due to their geographical environment factors, including
the factor of the nature, the human or the combination of the two factors, gives a specific
characteristics and quality on the goods produced therein.
21. Please describe the manner in which the higher level of protection required for wines
and spirits under Article 23.2 of the TRIPS Agreement is provided and give examples of such
products and the laws under which they are protected.
The protection of geographical indications in Indonesia also covers the protection for wines
and spirits. The Marks Law, however, does not have any provisions regarding the refusal of mark
registration for wines and spirits on the grounds of geographical indication.
Follow-up question:
Indonesia's response to question 21 states in part that Law No. 19 of 1991 on Marks, as
amended by Law No. 14 of 1997 (referred to as the "Marks Law"), "does not have any
provisions regarding the refusal of mark registration for wines and spirits on the grounds of
geographical indication".  Please clarify this statement.  In particular, what provision of
Indonesian law permits the refusal or invalidation of the registration of a trademark which
contains or consists of an earlier-in-time geographical indication ?IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 34
The provisions in the Marks Law for refusing trademark registration do not contain any
reference to geographical indication in particular.  However, in the absence of such provision it is still
possible to refuse or invalidate the registration of a trademark which contains or consists of an
earlier-in-time geographical indication by applying Article 5 letter (a) of the Marks Law inconjunction with Article 4 paragraph (1), by way of interpretation of those articles and with reference
to the elucidation of Article 57 paragraph (2) which explains that "contrary to public order" shall
include bad faith.  The registration of a mark which contains or consists of an earlier-in-time
geographical indication is to be construed as being filed in bad faith, and because bad faith is contrary
to public order, the said registration is subject to refusal.
22. Please describe the legal means available under Indonesia's laws that allow interested
parties to obtain the protection required by Articles 22 and 23, and cite to the relevantprovisions of law.
Any interested party on geographical indications has the right to claim other parties that use
the geographical indications. Article 82A paragraphs (1) and (2) of the Marks Law provide that:
(1) any person who deliberately and without right uses a mark which is similar in its
entirety to a geographical indication owned by another person or another legal entity
for the same kind of goods shall be sentenced to imprisonment for a maximum period
of 7 (seven) years and a fine of a maximum amount of Rp.100,000,000 (one hundred
million rupiah);
(2) any person who deliberately and without right uses a mark which is similar in its
essential part to a geographical indication owned by another person or another legal
entity for the same kind of goods or services produced and or traded shall be
sentenced to imprisonment for a maximum period of 5 (five) years and a fine of a
maximum amount of Rp.50,000,000 (fifty  million rupiah).
E. I
NDUSTRIAL DESIGNS
23. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of Indonesia's laws, and describe the protection provided.
As already mentioned, Indonesia has not yet had any Law on Industrial Designs.  A bill on the
subject is now being discussed in the House of Representatives and scheduled for promulgation in
July 2000.
24. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the provisions of the law under which such protection is provided.
As already mentioned, Indonesia has not yet had any Law on Industrial Designs.  A bill on the
subject is now being discussed in the House of Representatives and scheduled for promulgation in
July 2000.
F. PATENTS
25. Please describe in detail how Indonesia's pa tent law implements all of the requirements
of Article 27.1 of the TRIPS Agreement.
Inventions that are patentable, or the subject matter of patents, are stipulated in Articles 2, 3
and 4 of the Patent Law.  Hence, patents are granted for any inventions, either products or processes,in all fields of technology provided that they are new, have an inventive step element and industriallyIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 35
applicable. These provisions are in compliance with Article 27.1 of the TRIPS Agreement.  Further, it
is important to note that the ground underlines the provision of Article 18 paragraph (1) of the Patent
Law is that Indonesia needs to accelerate its national industry from the implementation of the patents
system in the country.  However, taking into consideration that not all patents could be implemented,either because of technical reasons and economic ones, exceptions are provided to the right holders
under the provisions of Article 18 paragraphs (2), (3), and (4) that the implementation could be
carried out in a regional scale.  However, a regional implementation should be based on an
appropriate reason by submitting a written evidence to the Patents Office.
26. Please describe in detail any exceptions from patentability that are contained in
Indonesia's patent law and describe how the requirements for protection of micro-organismsand for non-biological and microbiological processes are met.
Under the Patent Law, the exceptions from patent ability are stipulated in Article 7 which
provides that a patent shall not be granted to
• an invention regarding a process or product of which the announcement and use or
implementation contravenes the prevailing regulations, public order or morality;
• an invention regarding methods of examination, treatment, medication, or and surgery
applied to people and animals, but excluding any products whatsoever used with or
related to said methods;
• an invention regarding a theory and method in the field of science and mathematics.
The requirements for the protection of micro-organisms, and non-biological and
microbiological processes are also covered by the Patent Law.  As one of the requirements for
inventions concerning micro-organisms, although Indonesia is not yet a member of the Budapest
Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent
Procedure , but in line with the Treaty, the micro-orga nism should be deposited in a micro-organism
depository acknowledged by the Treaty.  Further, Government Regulation No. 34 of 1991 concerning
the Procedure of Patent Application regulates that the Certificate of Deposit of Microorganism be
attached to the related patent application.
27. Please describe in detail the protection provided for plant varieties under Indonesia's
laws and cite to the relevant provisions of law.
A plant variety can be protected in the form of patent as long as it fulfils the requirements of
patents.  However, at present the Government, under the auspices of the Department of Agriculture, is
preparing a sui generis plant variety protection system.  A draft of the sui generis  protection system is
being tabled before the House of Representatives.
28. Please describe the rights granted to owners of patents under Indonesia's patent law or
regulations and cite the appropriate provisions of those laws or regulations.
As to the rights conferred to a patent holder, Article 17 of the Patent Law provides that:
(1) A patent holder shall have the exclusive right to exploit his patent, and prohibit any
other person who without his consent:
(a) in the case of product patent:  makes, sells, imports, rents out, delivers, uses,
makes available for sale, or rental or delivery of the patented product;IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 36
(b) in the case of process patent: uses the patented production process to make
products, and commits other activities as referred to in point (a).
(2) In the case of process patent, such prohibition against any other person who without
his consent commits the importation as referred to in paragraph (1) shall only apply to
imported products solely produced from the use of the pertinent process patent.
29. Please describe the nature of the disclosure required of patent applicants under
Indonesia's patent law.
A patent application as stipulated in Article 22 of Government Regulation No. 34 of 1991
should contain the title of invention, a descripti on which discloses the field of technology, the
background of invention, the benefits or advantages of invention, claim(s), abstract and drawing if
any.  The description should be concise and clear to the person skilled in the art.
30. Under Indonesia's patent or other laws or regulations, can compulsory licences be
issued, and, if so, cite the relevant sections of law, and describe in detail the nature of suchlicences and the conditions under which they can be issued.
A compulsory licence can be issued for a very special case. The provisions on compulsory
licences are stipulated from Articles 81 to 93 of the Patent Law.
As provided for in Article 81, a compulsory licence is a licence to implement a patent, which
is granted by the District Court after having heard the patent holder concerned.
Further, Article 82 paragraph (1) stipulates that any person, after the expiration of a period of
36 (thirty six) months commencing from the date of issue of a patent, may file an application to the
local District Court for a compulsory licence to implement the patent concerned.
An application for a compulsory licence as referred to in paragraph (1) may only be made on
the grounds that the patent concerned is not being implemented in Indonesia by the patent holder
despite opportunities for commercial implementation which should be pursued [paragraph (2)].
An application for a compulsory licence may also be made any time after a patent has been
granted on the grounds that the patent concerned has been implemented by the patent holder or thelicensee in a form and manner which contravene the public interest [paragraph (2a)].
With due regard to capabilities and the situation as it develops, the Government may stipulate
that during the initial implementation of the Patent Law, an application for compulsory licences shall
be filed to certain District Courts.
Meanwhile, the implementing regulation on compulsory licences, as provided for in
Article 93, shall be regulated in a government regulation.  The requirements for a compulsory licence
refer to the TRIPS Agreement.
31. Please indicate whether Indonesia's patent law or regulations provide an opportunity
for judicial review of decisions to revoke or forfeit a patent as required by Article 32 of the
TRIPS Agreement and indicate the body to which such an appeal would be made.
As provided for in Article 125, the Patent Law provides an opportunity for a judicial review
on a decision to revoke or forfeit a patent as required by Article 32 of the TRIPS Agreement.Article 125 of the Patent Law stipulates that:IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 37
(1) An appeal decision of the District Cour t may be lodged at the High Court and
cassation at the Supreme Court.
(2) A decision on appeal and a decision in cassation as referred to in paragraph (1) must
be immediately forwarded by the Clerk of the District Court to the Patent Office to thereafterbe recorded in the General Register of Patents and announced in the Official Patent Gazette.
32. What term of protection does Indonesia's patent law provide for patents?  Does the law
contain any provisions for extension of the term, and, if so, provide information on such
extensions and the conditions that give rise to them?
Under the Patent Law, the term of patent protection is 20 years.  There is no extension of the
term.
33. Under what circumstances can the burden of proof in a process patent infringement
action be placed on the defending party as required by Article 34 of the TRIPS Agreement?
Please cite to the relevant provisions of law.
The burden of proof in a process patent infringement action placed on the defending party, as
required by Article 34 of the TRIPS Agreement, is also regulated in Article 123 of the Patent Law.
This article provides that:
(1) In the trial of an infringement case on a patented process, the burden of proof that the
product was not produced by using the patented process shall lie on the defendant if:
(a) the product which was made through the patented process, constitutes a new
one;
(b) there is a possibility that the product has resulted from the patented process;
and
(c) in contradiction to the fact that sufficient efforts have been made for the
purpose, a patent holder is not able to determine which process he has used to
make the product suspected to have resulted from the infringement.
(2) For the purpose of proof in an infringement case as referred to in paragraph (1), a
judge shall be authorized to:
(a) order the patent holder to deliver in advance a copy of certificate of the patent
concerned, and prima facie  evidence supporting his assumption about the
infringement on his patent;  and
(b) order the party who is assumed to have committed an infringement to prove
that the product did not result from the use of the patented process.
(3) In the trial of a patent infringement case as  referred to in paragraphs (1) and (2), a
judge shall consider the interest of the party assumed to have committed the infringement, to
get a protection on the secrecy of the process he described for the purpose of proof in the
court session.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 38
G. LAYOUT -DESIGNS OF INTEGRATED CIRCUITS
34. Please describe in detail the protection provided under Indonesia's laws and regulations
for layout-designs of integrated circuits as re quired by section 6 of Part II of the TRIPS
Agreement and cite to the relevant provisions of those laws.
As already mentioned, a Bill on Layout-Designs of Integrated Circuits is still under
discussion in the House of Representatives.
35. What is the term of protection, measured from what date?
As already mentioned, a Bill on Layout-Designs of Integrated Circuits is still under
discussion in the House of Representatives.
H. PROTECTION OF UNDISCLOSED INFORMATION
36. Please describe in detail the protection  Indonesia's law provides for undisclosed
information as required under Article 39.2 of the TRIPS Agreement and provide citations to the
relevant provisions of law.
The protection of undisclosed information in Indonesia has so far been regulated partially in
Article 382 bis of the Penal Code ( Wetboek van Strafrecht ).  In addition to such criminal provisions,
an owner of a trade secret may also bring a civil claim for damages according to Article 1365 of the
Civil Code ( Burgerlijk Wetboek ).
Along with the discussion of Bills on Industrial Designs and Layout-Designs of Integrated
Circuits in the House of Representatives, a Bill on Undisclosed Information or Trade Secrets is also
on the House's agenda
37. Please describe in detail the protection provided under Indonesia's laws for test data
regarding pharmaceutical and agricultural chemic al products submitted to obtain marketing
approval in Indonesia and cite to the relevant provisions of law.
The approval for marketing pharmaceutical and agricultural chemical products is granted by
Department of Health, Republic of Indonesia.
38. Please explain whether other applicants fo r marketing approval for their own versions
of a previously approved pharmaceutical or agricultural chemical product are permitted to rely
on data submitted by the earlier applicant.  If so, how long a period of exclusivity is given the
earlier applicant before such relianc e by other parties becomes possible?
Other parties who submitted an offer of distributing the pharmaceutical and agricultural
chemical products will be issued by the Directorate General of Drugs and Food Supervision,
Department of Health.
I. ENFORCEMENT – GENERAL OBLIGATIONS
39. Please briefly describe how the Government of Indonesia fulfils the requirements of
Article 41 of the TRIPS Agreement, including Article 41.1, 41.2, 41.3 and 41.4.
The law enforcement of IPR, including the administrative procedure and civil or criminal
cases are stipulated in a number of regulations, such as the Criminal Procedure Law (Law No. 8 of
1981), Penal Code ( Wetboek van Strafrecht ), Civil Code ( Burgerlijk Wetboek ), Civil Procedure Law,IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 39
State Administrative Law (Law No. 25 of 1995) as well as the laws and implementing regulations in
the field of IPR as cited to above.
The enforcement of those laws is based on the principle of expeditious, equitable, and
inexpensive as regulated under the Basic Judicial Law (Law No. 14 of 1970 as amended by Law
No. 53 of 1999).
The decision of a district court is subject to examination by a court of appeal.  A cassation
may also be requested to the Supreme Court upon a decision of a court of appeal.
40. Please describe the procedures followed by the courts and/or administrative bodies for
notifying defendants that civil judicial or administrative proceedings have been initiated againstthem.  Please describe the information provide d in such notice.  (Article 42 of the TRIPS
Agreement)
In civil cases, the court has to notify the defendant at least 3 days before the court session.
The notification is followed with a copy of civil request of plaintiff.
J. E
NFORCEMENT - CIVIL AND ADMINISTRATIVE PROCEDURES AND REMEDIES
41. In answer to question 2 of the Checklist of Issues on Enforcement3, Indonesia states that
it would be an exceptional case for right hold ers to be required to appear personally since
parties can submit evidence through sworn affidavits.  Please describe under what
circumstances a party would be required to  appear in person and give examples.
It is an exceptional case for the right holders to be required to appear personally since they
can submit evidence through sworn affidavits.  As provided for in Article 123 paragraph (5) of the
Civil Procedure Law, a party would be required to appear in person when the defendant has equally
prima facie  (strong) evidence and reasons as a defence for his conduct.
42. Please describe in detail any limitations under Indonesia's laws or practices on a party's
ability to substantiate a claim or to present rele vant evidence in civil judicial or administrative
intellectual property cases.
There is no specific limitation in Indonesian laws and practices on a party's ability to
substantiate a claim or to present relevant evidence in civil judicial or intellectual property cases.
Since there is no specific regulation under the IPR regime, these matters are handled under the same
procedure as general civil cases.
43. Please describe the provisions in Indonesia's laws and practices that ensure that
intellectual property infringement cases are handled expeditiously, including to prevent
deliberate delays by the parties to a proceeding.  Under what circumstances would the latter
provisions be applied?
In general, there is a period limitation for the court in the first session and in appeal session to
adjudicate a civil case at a maximum period of 6 (six) months (Circular Letter of Indonesian Supreme
Court No. 9 of 1992).  If the courts in each sessi on cannot draw the final decision during this period,
they should submit a report to the superior court supported by reasonable grounds of the lateness.
This instruction is to guarantee the expedition of examination of civil cases. Especially in
intellectual property cases regarding the registration, it is provided for in the Copyright Law, Patent
                                                     
3 Document IP/N/6/IDN/1/Rev.1.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 40
Law and Marks Law.  The disputes of ownership of rights may only be examined in the District Court
of Jakarta, as the first session court.  Whereas the final session will not be in the Court of Appeal like
in general civil cases.  It will directly be handled by the Supreme Court
44. In response to question 3 of the Checklist of Issues on Enforcement, Indonesia states
that refusal to comply with an order to produ ce evidence is a contempt of court and that the
consequences of such a contempt of court are set out in Article 316 of the Civil Code.  Please
describe those consequences and describe the circumstances under which those actions are
normally imposed in civil judicial and administrative enforcement actions.
Indonesia's answer to question 3 of the Checklist of Issues on Enforcement is actually not
dealing with civil cases but with criminal cases handled by the police and other investigation
authorities as stipulated in the existing laws of IPR in Indonesia.  Thus, the reference should be toArticle 316 of the Penal Code.  In civil cases, as provided for Article 163 of the Civil Procedure Law,
it is the risk of the parties if they claim or accept defences without sufficient evidence.
45. How long in practice does it generally takes to obtain the injunctive relief (or equivalent
measures) identified from the time of the reque st for relief until its grant?  What evidence must
typically be provided to establish a party's right to  each of the types of relief identified and what
are the conditions imposed on obtaining such relief?
As already mentioned, in each instance, the court should take the decision on a civil case at
maximum 6 (six) months after the first session, as provided for in Circular Letter of the Supreme
Court No. 6 of 1992.  Therefore, if there is a petition for provisional decision, it should be takenbefore the final decision.  However, our system is different from the common law system, which
allows the judge to draw an order for injunctive relief before the court session takes place.  In
Indonesia, it should be drawn during the court session, before the final decision in each instance.  The
judge has authority to change the provisional decision in the final decision if it is proven that there is a
mistake in the previous judgement.  As provided for in Articles 164, 165 and 167 of the CivilProcedure Law, the evidence of application of such injunctive relief that should be provided by the
applicant is the proof of rights, which is issued by an authorized body.
The judge should ask for permission to the superior court to grant the provisional decision.
As regards the substance, it should fulfil the requir ements as provided for in Article 180 of the Civil
Procedure Law, that:
• there must be an authentic title;
• there must be a written document as adequate evidence;
• when there is a final judge decision;
• in fulfilling provisional petition;
• in a dispute of ownership.
This provisional decision is very exceptional.  In the Circular Letter of the Supreme Court
No. 06 of 1975 supported by Circular Letter no 03 of 1978, it is instructed by the Supreme Court that
the district court not easily draw this provisional decision although all of the requirements of
Article 180 (1) have already been fulfilled since the consequence of this decision may bring aboutuncertainty in the future.
46. Article 44.2 of the TRIPS Agreement provide s an exception to the requirement in
paragraph 1 of that Article for government use or use by third parties authorized by the
government, limiting the remedy for infringement to payment of adequate remuneration as
provided in Article 31(h).  Please  describe any such limitation s on remedies in the laws of
Indonesia and cite to those provisions.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 41
There is no clear provision on this matter.  Ar ticle 122 of the Patent Law only provides that
the district court may refuse a petition for damages including damages for lost profits, if the defendant
is able to prove that he is innocent or has strong grounds upon his innocence that he has infringed
patents rights of others which are protected in Indonesia.
47. In response to question 5 of the Checklist of Issues on Enforcement, Indonesia states
that generally, damages for infringement would normally be limited to the actual damages, but
that recovery of lost profits may also be claimed if a sound basis for such a claim is established
in the lawsuit.  Please describe what would be required to establish such a sound basis.
Recovery of lost profits may also be claimed if a sound basis for such a claim is established in
the lawsuit.  Such a sound basis in practice occurs very rarely.  Therefore, there is no exact principle
to examine this case.  It lies in the judge's discretion to consider such a claim.  As provided for inArticle 154 of the Civil Procedure Law, the judge may ask special experts like accountants to verify
this type of claim.
48. Please describe any additional remedies (e.g., disposal of goods and destruction of
materials and implements used to create infr inging goods) that judicial and administrative
officials may impose in civil judicial and administrative intellectual property infringement casesand the circumstances under which those remedies will be imposed.  What factors are
considered in determining which kind of remedy to impose?
There are no additional remedies such as disposal of goods and destruction of materials and
components used to create infringing goods in civil judicial and administrative officials.  Usually,
these remedies are conducted under criminal procedure.  In practice it often happens that the police asofficial investigators conduct a sweeping of infringing goods (especially on marks and copyrighted
materials) and directly dispose the goods in the field.  This can be done upon request at the expenses
of the right holders.
K. E
NFORCEMENT - PROVISIONAL MEASURES
49. In response to question 10 of the Checklist of Issues on Enforcement regarding
preliminary injunctions, Indonesia states that "injunction" under the Indonesian legal system is
a kind of provisional decision made after the court session has taken place.  Please explain in
greater detail the nature of such provisional de cisions and the practical results of such a
decision.
As already mentioned in response to question 16 posed by Japan, "injunction" under the
Indonesian legal system is a kind of provisional de cision made after the court session has taken place.
This preliminary decision is in response to the petition of the plaintiff to the court to takeprovisional/preliminary action for the interest of one party.  The provisional decision must always be
able to be executed immediately.
50. In response to question 11 of the Checklist of Issues on Enforcement, Indonesia states
that there are no provisions in the Indonesian intellectual property legislation for measures to
be ordered inaudita altera parte , except in Articles 54 and 58 of the Customs Law (Law Nº 10 of
1995).  Please describe the actions planned by the Government of Indonesia to amend its law to
authorize such remedies as required under Article 50.2 of the TRIPS Agreement.
As to the compliance with Article 50.2 of the TRIPS Agreement, the Government has
introduced the provisions regarding interlocutory injunctions in all bills that have been mentioned
previously.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 42
Follow-up question:
Does Indonesian law provide legal authority for civil ex parte  search and seizure?  That
is, can a rights holder, prior to initiating a civ il case, ask a court to issue an order allowing the
search and seizure of property belonging to a suspected infringer without notifying thesuspected infringer or allowing him to be heard in court?  If so, please specify the law and
procedure applicable to such a measure.
The Indonesian law does not provide legal authority for civil ex parte  search and seizure.
However, in several new Bills on intellectual property rights, such provisions on civil ex parte  actions
are included.  The proposed provisions will enable a court to issue a warrant for search and seizure
upon request of an intellectual property right owner.
L. E
NFORCEMENT – SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
51. Please provide statistics regarding the suspen sion by customs authorities of imports and
exports of counterfeit trademarked goods and pirated copyrighted works to date, including the
number and kind of goods and the results of subsequent legal action by the right holders.
Statistics regarding the suspension done by the customs authorities are as follows:
1998
4 cases of pirated VCD, involving 30,102 pieces.
3 cases of pirated audio CD, involving 8,797 pieces.
1 case of pirated CD Games, involving 5,600 pieces.
2 cases of pirated CD-ROM / Software, involving 20,470 pieces.
1999
17 cases of pirated VCD, involving 194,536 pieces.
4 cases of pirated audio CD, involving 29,153 pieces.
2 cases of CD Games, involving 24,670 pieces.
2000 (until February):
7 cases of pirated VCD, involving 16,352 pieces.
1 case of pirated audio CD, involving 35 pieces.
1 case of pirated CD Games, involving 160 pieces.
All of the above cases are on pirated copyright goods and suspended by the custom officials under the
ex officio  action.  Under the Customs Law, these suspended goods are handed over to the police for
further legal proceedings and legal action by the right holders.
52. Please clarify whether de minimis  imports are excluded from the border measures under
Indonesian law.  What constitutes a de minimis  import?  (Article 60 of the TRIPS Agreement)
As provided for in Article 63 of the Customs Law, de minimis imports are excluded from the
border measures.  De minimis imports covers the following:
(a) Passengers' goods;
(b) Crews' goods;
(c) Border crossed goods;
(d) Packages sent via post or couriers,
provided that they are not for commercial purposes.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 43
53. In response to question 15 of the Checklist of Issues on Enforcement, Indonesia states
that the implementation of the provisions of Articles 54 to 63 of its Customs Law dealing with
intellectual property rights, other than those re lated to trademarks and copyright, is being
conducted gradually, taking into account the ability and readiness of the management of thesystem of intellectual property rights.  Plea se describe the progress made to date in this
implementation.
Up to present, as provided for in Article 54 of the Customs Law, the suspension of goods
carried out by the customs authorities only applies to the importation and exportation of counterfeit
trademark and pirated copyright goods.  The suspension of goods carried out by the customs for other
kinds of IPR infringement (e.g. patents, industrial designs, etc) has not been applied yet.
M. E
NFORCEMENT - CRIMINAL PROVISIONS
54. In answer to question 23 of the Checklist of Issues on Enforcement, Indonesia notes that
right holders do not have standing to initiate criminal actions but they can file a complaint with
the police, the customs officials or the PPNS.  Pl ease provide statistics regarding the number of
complaints filed and the number of investigatio ns initiated as a result of these complaints.
The statistics regarding the number of complain ts filed and the number of investigations
initiated as a result of these complaints can be seen in Annex 2.
55. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, layout-design of integrated circuit, and trade secret
enforcement for each of the years 1998 and 1999, including the number of cases filed;
injunctions issued;  infringing products seized;  infringing equipment seized;  cases resolved
(including settlement);  and the amount of damages awarded.
The statistics related to civil IPR enforcement can be seen in Annex 3.
56. Please provide statistical information related  to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions and the amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that the criminal system operates effectively to deter
copyright piracy and trademark counterfeiting.
The statistics related to criminal enforcement in the area of copyright privacy and marks
infringement can be seen in Annex 3.
57. Please describe any new initiatives the Government of Indonesia might have planned to
improve enforcement, particularly criminal enforcement, of intellectual property rights.
The new measures of the Government of Indonesia in the field of IPR enforcement are the
proposals for new Bills on Copyright and Related Rights, Patents and Marks as well as the Bills on
Industrial Designs, Layout-Designs of Integrated Circuits and Trade Secrets.  The content of thesebills includes, among others:
(a) that the penal sanctions are in cumulative, meaning that 7 years in jail plus a fine of
Rp. 300.000.000 (three hundred million rupiah);
(b) introduction of the injunctions as referred to in Article 50 of the TRIPS Agreement;IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 44
(c) the use of commercial courts that handle IPR cases;
(d) that the court has to take a decision in 90 days; direct appeal to Supreme Court,
and the Supreme Court has to take decision in 90 days.IP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 45
ANNEX 1
PROCEDURE OF TRADEMARK REGISTRATION
Based on Law No. 19 of 1992 as amended by Law No. 14 of 1997
                         TRADEMARK APPLICATION
                                FORMALITY CHECK                       14 days                                    PUBLICATION  A
                         FOR OPPOSITION AND REBUTTAL                  6 months
                                    SUBSTANTIVE
                                  EXAMINATION                            9 months
                   REGISTRATION                         REFUSAL                  30 days
30 days
                                                                                                 3 months
                                                                                APPEAL
                                                                        COMMISSION               6 months
                                                 30 days
                                                      ACCEPTANCE                  REFUSAL              30 days
               
PUBLICATION BIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 46
ANNEX 2
Statistics of Criminal Cases on IPR
Condition: 1990 – January 2000
I. Copyright
No. Copyright Works Locus Delicti Remarks
1 Copyright on books of sport, health
education and physical educationJakarta Court of 1st Instance:
Imprisonment of 6 (six)
months and a fine of
Rp. 500,000.
2 Copyright on computer Banda Aceh Appellate Court:
Defendant is not guilty
3 Copyright on song or music Sorong (Irian Jaya) Court of 1st Instance
4 Design-arts of packing machine Jakarta Court of 1st Instance:
Imprisonment of 2 (two)years and a fine of
Rp. 10,000,000.
Appellate Court:
In agreement with thefirst instance decision.
Supreme Court:
Defendant is not guilty
5 Painting arts of "GUESS" logo Jakarta Ceasing of investigation
6 Book of mental of arithmetic Jakarta Ceasing of investigation
7 Design art of parcel Jakarta Investigation
8 Design art of door key Jakarta Ceasing of investigation
9 Copyright on VCD record Batam Court of 1st Instance:
Imprisonment of 6 (six)months (probation)
10 Photographic work of "Jam Gadang" in
Bukit TinggiJakarta Investigation
11 Wirting arts of "CBR" logo Bandung InvestigationIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 47
II. Patents
No. Title of invention Locus Delicti Remarks
1 Machine of rice polisher Jakarta Investigation
2 Rice warmer pot Jakarta Ceasing of investigation
3 Rice warmer pot with 2-in-1 function Jakarta Ceasing of investigation
4 Glass cupboard key Jakarta Investigation
III. Marks
No. Title of Mark Locus Delicti Remarks
1 Choki-Choki Jakarta Ceasing of investigation
2 Yong-Yong Sen Surabaya General prosecutor
3 Empirio Armani Jakarta General prosecutor
4 Jaya Makmur Kalimantan Investigation
5 Interdap Jakarta Investigation
6 Power Glue Jakarta Investigation
7 Tiki Jakarta Ceasing of investigationIP/Q/IDN//1, IP/Q2/IDN/1,
IP/Q3/IDN/1, IP/Q4/IDN/1
Page 48
ANNEX 3
Statistics related to Civil IPR Enforcement
I. Copyrights
Type of Cases Year
Civil Criminal AdministrativeNumber
1995 9 29 - 38
1996 12 55 2 69
1997 10 13 - 23
1998 3 7 - 10
1999 2 12 - 14
II. Patents
Type of Cases Year
Civil Criminal AdministrativeNumber
1995 1 - - 1
1996 1 - 3 4
1997 1 - - 1
1998 - - 1 1
1999 4228
III. Marks
Type of Cases Year
Civil Criminal AdministrativeNumber
1995 80 46 10 136
1996 82 61 13 156
1997 68 20 9 97
1998 68 5 12 85
1999 24 7 1 32
__________