Patent Protection, Enforcement And Court System In Indonesia

PROTECTION

Question 1
What is the term of protection of a patent in Indonesia?

Answer 1
In Indonesia, a Patent and the Utility Model Patent has a effective period of twenty (20) years counted from the date of filing.

Question 2
Is it possible to extent the lifetime of a patent?

Answer 2
No. Supplementary protection is not available.

ENFORCEMENT

Question 1
What are the types of patent enforcement action are available in Indonesia?

Answer 1
a) Criminal action;
b) Civil action;
c) Preliminary injunction and
d) Permanent injunction.

Question 2
How can the patent owner most effectively make his point to stop an infringement?

Answer 2
Obtain a preliminary injunction.


Question 3
Are protective orders available in Indonesia?

Answer 3
Yes.

Question 4
Does the Indonesian patent law require the patent owner to send a cease and desist letter to an alleged infringer before a court action can be taken against him?

Answer 4
No.

Question 5
Is it possible to seek a preliminary injunction? If so, how long would this action take?

Answer 5
Possible. Time frame from 2 – 3 months.

Question 6
Is it possible to seek seizures / inspections of suspect goods?

Answer 6
Yes.

Question 7
How long would a patent infringement / patent invalidation case take?

Answer 7
1. Infringement action duration about 36 months.
2. Invalidation action duration about 36 months.
3. Typical cost – this can vary according to complexity of case, whether it is contested and seniority of person handling the case.

Question 8
How are damages / royalties assessed?

Answer 8
Damages are assessed based on plaintiff’s loss of profits or defendant’s account of profits.

Question 9
Can the alleged infringer sue for damages if the patent owner fails to prove infringement in court of Indonesia?

Answer 9
Possible.

COURT SYSTEM

Question 1
Briefly describe any cases of patent invalidation or patent infringement in Indonesia?

Answer 1
Honda vs. China Motorcycle
Honda sued China Motorcycle alleging infringement of its Indonesian patent no. ID 000284.

The originally filed claims were in English but soon translated into Indonesian language. The translation was not accurate. Honda alleged infringement base on the granted English claims.

The Court took the view that any patent infringement should be based on the claims in the Indonesian language and not other languages and China Motorcycle was held not infringing the patent.

Question 2
How efficient are the courts in disposing IP litigation cases in Indonesia?

Answer 2
Fairly efficient.

Question 3
Are the judges technically qualified?

Answer 3
Yes.

Question 4
Do the courts rely on precedent cases decided in foreign countries?

Answer 4
No. But courts do rely on cases decided by Indonesian Higher Courts.

Question 5
How are foreigners treated by the courts in Indonesia?

Answer 5
Same as locals.

Question 6
What is the time frame for a patent invalidation / patent infringement suit to be decided?

Answer 6
5 – 6 months.

Question 7
What step(s) must be taken to appeal a court decision in Indonesia?

Answer 7
Appeal to the Supreme Court.