Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Dysfunctional IP Infringements and Ineffectiveness of Enforcement Mechanisms under Indonesian Law

Author(s): Megawati Barthos, Rineke Sara

Indonesia is a member of the World Trade Organization (WTO), and has sanctioned the Agreement on Trade-Related aspects of Intellectual Property (TRIPs Agreement). It has also signed numerous World Intellectual Property Organization (WIPO) treaties including the Paris Convention, the Hague Agreement, the WIPO Copyright Treaty (WCT) and the Trademark Law Treaty. This requires that Indonesia’s Intellectual Property (IP) legislation should be fairly comprehensive to offer IP protection of international standards to its foreign investors, patent seekers and to all types of trademarks and copyrights. This study carried out a qualitative study of all types of IP elements like patent, copyright, trademark and industry designs with a view to find out the shortcomings in the IP enforcement mechanisms in Indonesia that have led to lack of confidence among business houses and other stakeholders; limited venture capital; weak networks between investors; reduced FDRs and like. Even the domestic law related to IP has failed to prepare a ground for such international laws like criminal enforcement or customs border protection system. The study also found out that neither domestic courts nor any international arbitral tribunal could discuss such cases under their jurisdiction. The implications of this study are relevant to both the Indonesian government as an institution and individual investors.