A dispute over distribution of CURESONIC mattresses in Indonesia has spilled into the media, revealing what has become a complex criminal enforcement case.
The Directorate-Genearl of Intellectual Property published a a notice of clarification on its website on 20 March 2015. The notice refers to a dispute between two mattress retailers, PT. Fortune Star Global (FSG) and PT. Fortune Star Indonesia (FSI), and:
- confirms that FSH has filed a Claim against the DGIP in the Central Jakarta District Court, alleging unlawful conduct;
- notes that the DGIP’s investigation division (the PPNS) received a complaint from FSI on 13 June 2014, about infringement of its registered trademark CURESONIC;
- states that the PPNS is still investigating the case, as it is entitled to do under the Trademark Law; and
- clarifies that FSG has been identified as a witness only (not yet a suspect).
One article covering the story, by Berita Satu news (see here), reveals what FSG is upset about. It’s Director, Bambang Waluyo, is not happy about being involved in a criminal case that appears to be dragging on (9 months so far). In Indonesia, directors are personally responsible for the criminal acts of their corporation, so if Waluyo is named a suspect (which has not yet happened) he could potentially be detained.
According to the Berita Satu news article, it is alleged that the DGIP has acted unlawfully in searching for reasons to name Waluyo a suspect, and looking for evidence of infringement based on FSI’s complaint. In other words, the DGIP is investigating the matter - which it is obliged to do. It would be very surprising if the Central Jakarta District Court were to find that this constitutes unlawful conduct within the meaning of the Civil Code. But, surprising Court decisions are (unfortunately) not uncommon in Indonesia.
To complicate matters:
- Whereas the mattresses appear to be manufactured by a Japanese company (Apollo Medical Instrument Co Ltd), FSI is the registered proprietor of the trademark. The Japanese company has potentially lost control of its trademark in Indonesia.
- Both FSI and FSG appear to be selling CURESONIC mattresses manufactured by Apollo Medical Instrument Co Ltd. There is no restriction on parallel imports to Indonesia.
It will be very interesting to see how the case develops.
