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2015 USTR 301 Report

The USTR has released its 2015 301 Report, and Indonesia finds itself still on the 'priority watch list’.

The report recognised efforts to advance IPR awareness in Indonesia, and the new copyright and trademark laws.  But the USTR commented on numerous problems, including:
  • rampant piracy and counterfeiting;
  • media box piracy;
  • counterfeit pharmaceuticals;
  • technology transfer requirements for pharmaceutical industries;
  • gaps in legal framework; and 
  • uncertainty surrounding the grant of compulsory licenses for patents.
The report also included some interesting statistics about enforcement.  The USTR reports that the Indonesian National Police investigated 97 criminal IPR cases in 2014, but it is unclear where these statistics have come from or which police units they relate to (Indonesia has four levels of police - MABES, POLDA, POLRES, POLSEK).  This contrasts sharply with the claim (in the media) that police investigated 589 cases in 2013 (see here).  The USTR also reported that the Attorney General’s Office brought 12 IPR cases to trial in 2014.  This number is comparable to the 18 cases decided in 2011 (of 126 that were filed with the Courts) - see here.

The full USTR report is available here.

Guide to patents practice in Indonesia

Lexology has published a guide to patents law and practice in Indonesia, which is available here.

The guide was written by SKC Law’s Patents Team, and is intended to be a useful starting point for newcomers to patents practice in Indonesia and particularly in-house counsel.

Commercial Court on the move

The Central Jakarta Commercial Court will be moving to new premises, sometime in the next two months.

Preparations have commenced at the current site in anticipation of the imminent move.  Although a date has not been set, it will be sometime in the next two months - when the new premises are ready.  The Court is currently on Jl. Hayam Wuruk, and will moving to a site close by (around 15 minutes drive) on Jl. Gunung Sahari Raya, near the Golden Truly Mall.

We have already starting experiencing difficulties accessing Court files, and administrative issues can be expected for the next six months or so.