Safeguarding intellectual property through patents is essential for protecting innovation and driving economic growth, as there are risks of patent infringement from other companies or parties.
However, navigating the complexities of patent law, especially in countries like Indonesia, can pose significant challenges for international companies seeking to protect their inventions when entering the Indonesian market.
At Am Badar & Am Badar, we provide patent and other IP-related legal services. For general information, you may read How to Avoid Patent Infringements first. But if you want specific insight regarding infringement in Indonesia, let’s delve into this article.
Understanding Patent Infringement in Indonesia
In Indonesia, patents and their infringement are governed by Law No. 13 of 2016 regarding Patent, which outlines the rights and obligations of patent holders and provides legal recourse for infringement.
According to the law, patents are exclusive rights governments grant to inventors for their technological innovations, allowing them to prevent others from using, making, selling, or importing their inventions without permission.
-
What Constitutes Patent Infringement?
Meanwhile, according to Law No. 13 of 2016 in Indonesia, infringements occur when a party unlawfully uses, manufactures, sells, or imports a patented invention without the patent owner’s permission or legal authorization.
In simpler terms, infringement in the patent law landscape is essentially the unauthorized use of someone else’s patented invention for commercial purposes.
Article 160 of the Indonesian Patent Law outlined that there are various actions considered as infringement, including:
- Making a product/process without the permission of the patent holder;
- Using a product/process without the permission of the patent holder;
- Selling a product/process without the permission of the patent holder;
- Importing a product without the permission of the patent holder;
- Renting a product/process without the permission of the patent holder;
- Delivering a product/process without the permission of the patent holder;
- Providing a product/process for sale without the permission of the patent holder;
- Providing a product/process for rent without the permission of the patent holder;
- Providing a product/process for delivery without the permission of the patent holder.
These actions can result in severe legal consequences. The legal matters regarding patent infringement are regulated in Articles 161 to 164 of Law No. 13/2016.
Regular infringement carries a penalty of 4 years imprisonment and/or a fine of Rp 1 billion, while simple infringement carries a penalty of 2 years imprisonment and/or a fine of Rp500 million.
Moreover, if the infringement results in health and/or environmental disruption, the maximum punishment is 7 years imprisonment and/or a fine of up to Rp2 billion.
Therefore, it’s important to understand the consequences of the infringement, especially in Indonesia, as it can lead to serious legal consequences, depending on the severity of the infringement.
-
Identifying and Responding to Infringement
Now, what can someone do to identify and respond to an infringement? Well, here are several things you should note:
-
Market Monitoring
One effective method is through market monitoring, where companies keep a close eye on the market to detect any products or processes that might be infringing on their patents.
This involves regular checks on competitor activities and product launches to spot any similarities with patented inventions.
-
Competitor Analysis
Another approach is competitor analysis, which involves studying the products and processes of competitors to identify any similarities with patented innovations.
By comparing the features and functionalities of rival products with patented technologies, companies can pinpoint potential instances of patent infringement.
-
Gathering Evidences
Meanwhile, upon discovering potential infringement, the first step is to gather evidence to support the claim. This includes collecting detailed information about the patented invention and the allegedly infringing product or process.
In this step, documentation such as patents, product descriptions, and technical specifications should be compiled to build a strong case.
-
Seeking Legal Counsel
Seeking legal counsel is essential at this stage to navigate the complexities of patent law and infringement claims.
A qualified patent attorney, such as Am Badar & Am Badar‘s legal team can provide expert guidance on the next steps to take, including assessing the strength of the infringement claim and developing a strategy for defense. You can access insights and services, as well as the Contact Us page for further information.
3. Enforcement Strategies for Patent Infringement
Enforcing patent rights in Indonesia involves several legal options aimed at protecting inventors’ intellectual property.
One of them is civil litigation, where patent holders can take legal action against infringers through the court system. This process typically involves filing a lawsuit, presenting evidence of infringement, and seeking remedies such as injunctions and monetary damages.
Additionally, another option is through administrative actions, which can be pursued through the Directorate General of Intellectual Property (DGIP) of the Republic of Indonesia. This may include filing complaints with the DGIP regarding infringement, which can result in investigations and potential penalties for infringing parties.
However, when considering enforcement strategies, it’s essential to weigh various factors, such as:
- Cost: litigation expenses can accumulate quickly and are known to be expensive
- Time: legal proceedings can be lengthy and may not always result in a favorable outcome
- Potential outcomes: please take into account the likelihood of success and the desired objectives of the patent holder
Collaboration for Effective Enforcement
Ultimately, patent holders must choose the enforcement strategy that best aligns with their goals and resources. Whether pursuing civil litigation or administrative actions, careful planning and consideration are essential for effectively protecting patent rights in Indonesia.
Therefore, you need a trusted legal partner for collaboration in responding to infringements and for effective enforcement. In this case, a local IP law firm is the best option.
Benefits of Partnering with a Local IP Law Firm
Working with a local IP law firm can be instrumental in navigating the complexities of Indonesian patent law, as they understand well how Indonesian legal matters work.
If you are looking for a partner, choose none other than Am Badar & Am Badar. We have expertise in dealing with infringement and patent enforcement, including:
- Navigating Indonesian patent law and court procedures
- Gathering evidence to support infringement claims
- Negotiating settlements to minimize litigation costs
- Representing clients effectively in court, if necessary
To sum up, collaborating with experienced legal professionals like us can effectively safeguard your company’s innovations and protect your competitive advantage in the Indonesian market.
For more insights on patent infringement, patent enforcement strategies, and other intellectual property matters, visit our insights page. To explore our full range of services, including Patent Services, visit our services page.
Also, don’t hesitate to contact us for consultation. Last but not least, read The Benefit of Hiring a Patent Drafter for more reference.
Reviewed by Nabil Argya Yusuf
