The survey project involved JICA, the Directorate-General of Intellectual Property, the Japan Patent Office, and law firm Hermawan Juniarto. Commercial Court cases decided between 2009 and 2013 were analyzed, with interesting results.
Notable findings included that:
- 80% of decisions related to trademark rights, 9% copyright, 8% industrial design and 3% patent;
- 85% of cases were decided by the Jakarta Commercial Court, 8 % by the Surabaya Commercial Court, 3% by the Medan Commercial Court, 3% by the Semarang Commercial Court, and 1% by the Makassar Commercial Court;
- a total of 99 intellectual property cases were filed in 2009, 111 in 2010, 135 in 2011, 107 in 2012, and 81 in 2013;
- foreign plaintiffs filed more trademark cancellation claims than did local plaintiff's (203 claims in total over the five years, whereas in comparison 114 claims were filed by local plaintiffs);
- local plaintiffs filed more of almost every other type of proceeding (trademark infringement - 48 local v. 41 foreign, trademark deletion - 18 local v. 9 foreign, copyright cancellation - 29 local v. 6 foreign, copyright infringement - 15 local v. 8 foreign, industrial design cancellation - 37 local v. 4 foreign, industrial design infringement - 3 local v. 1 foreign, patent cancellation - 11 local v. 9 foreign;
- only two patent infringement cases were filed during the five year period - one by a foreign plaintiff and one by a local plaintiff;
- in 42% of cases the Plaintiff's claims were granted in entirety, in 17% of cases granted in part, and in 41% of cases rejected;
- cassation appeals were filed in 167 of the 533 cases reviewed (first level of appeal to Supreme Court), and reconsideration appeals were filed in 28 cases (second level of appeal to Supreme Court); and
- most first-instance proceedings were decided in 3 to 4 months.
The full survey results were presented on 4 March 2014, and are available from Hermawan Juniarto.