Intellectual Property Singapore | Jakarta 1 Newsletter September 2016 Enforcement of Anti-Counterfeiting in Indonesia Strategic, market-specific enforcement campaigns The intellectual property enforcement environment in Indonesia generally remains challenging, given the lengthy and complicated process of pursuing civil claims against counterfeiters. Nevertheless, we are able to effectively cease various counterfeiting activities. From our experience, taking a criminal route (i.e., raids) has been the most effective action in practice rather than going through civil action, i.e., filing a claim to the Commercial Court seeking compensation and the ceasing of counterfeit activities. As such, the participation of police authorities plays a significant role in the success of anti-counterfeiting enforcement as the police have the authority to, among others, conduct raids, detain counterfeiters, and seize the counterfeit products, all of which can be used as leverage for an outof-court settlement. Furthermore, the involvement of police authorities usually provides greater deterrent effects against counterfeiters. Before initiating enforcement against counterfeiters, investigations are carried out to gather reliable intelligence regarding the source of products and chain of distribution. Based on strong evidence, a trademark owner can file a criminal complaint so that enforcement officials can initiate a criminal action. Recent update: Raid against counterfeiters In the past, using the above strategy, we have successfully dealt with numerous counterfeiters. Most recently, we were able to successfully raid wholesalers that obtained counterfeit goods from a large distributor which allegedly imported the counterfeit goods from abroad. The raid was made possible with the help of the police, with whom we have built strong ties. The raid was significant as it was done simultaneously in three markets in Jakarta, Depok and Bekasi that are notorious for dealing with counterfeit goods and are known to be hard to penetrate, given the presence of strong organised criminal organisations in and around those markets. The police seized the counterfeit goods and named the counterfeiters as suspects. The counterfeiters are now asking for settlement with the client and proposing remedies in return, i.e., public apology in national newspapers, gathering the remaining counterfeit goods to be destroyed, and material compensation. For further information please contact: Andy Leck Managing Principal +65 6434 2525 email@example.com Ren Jun Lim Principal +65 6434 2721 firstname.lastname@example.org Baker & McKenzie.Wong & Leow* 8 Marina Boulevard #05-01 Marina Bay Financial Centre Tower 1 Singapore 018981 www.bakermckenzie.com/Singapore Timur Sukirno Senior Partner +62 21 2960 8500 email@example.com Ferry Aritonang Associate +62 21 2960 8528 firstname.lastname@example.org Hadiputranto, Hadinoto & Partners* The Indonesia Stock Exchange Building, Tower II, 21st Floor Sudirman Central Business District Jl. Jenderal Sudirman Kav. 52-53 Jakarta 12190 Indonesia www.hhp.co.id *Hadiputranto, Hadinoto & Partners and Baker & McKenzie.Wong & Leow are member firms of Baker & McKenzie International. www.bakermckenzie.com 2 How we can help We seamlessly collaborate across borders to pursue and pioneer remedies on your behalf. Our programs are effective: scaled to meet your needs and nimbly executed by leading practitioners in the field. We have vast experience in working with enforcement officers to strategise effective enforcement that fits the local situation and can assist you in your enforcement strategy in Indonesia. This includes: Pre-litigation services: Mitigate costly proceedings through flexible fee arrangements for sending cease-and-desist letters, obtaining settlements, and issuing takedown notices to stop online infringers. Raids: Conduct in-depth investigations on counterfeit products, identify the counterfeiters and their sources, arrange necessary preparation for raids, and cooperate with enforcement officers to conduct raids. Civil and criminal litigation: Obtain restraining orders, injunctive reliefs, orders for the destruction of counterfeit goods and other appropriate measures, as well as prosecute infringers and other parties through innovative applications of laws and regulations. ©2016 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.