Below are the additions to the Indonesian copyright enforcement regime in the newly passed Copyright law.
There is a welcome provision on the creation of landlord liability.
In respect of online infringement, there is also now a dedicated section that gives new powers to the Ministry of Information to block access to infringing materials onwebsites. The implementation of this provision requires further regulations to be passed. Depending on what the regulations requires, it may provide copyright owners with additional tools to tackle online infringement.
Complaint based offense
Copyright infringement is now classified as a complaint based crime, bringing it in line with all other IP rights – trademarks, industrial designs and patents. The advantage would be that in theory, the police or enforcement department in the IP office has toinvestigate an offense when a complaint is filed. This will also allow the copyright owner to have better visibility and involvement in the criminal complaint process and be in a position to query or withdraw the complaint, if needed.
Under the criminal provisions of the new law, the mens rea element has been removed. The old law requires the mental element of "intentional act". This suggests that it may be easier to secure conviction under the new law.
Under the new law, the punishment has been adjusted as follows:
Click here to view table.
The explanatory notes do not provide further clarification on what constitutes "form of piracy" that warrants the higher sanctions.
The practical enforcement environment remains Indonesia's biggest IP challenge, with criminal action remaining extremely challenging. The addition of a new ministry to handle online enforcement hopefully adds a new dimension.