GOVERNMENT REGULATION NO. 20 YEAR 2017 REGARDING CONTROLLING OF IMPORT EXPORT OF THE GOODS WHICH IS ALLEGEDLY CONSTITUTE OF OR PRODUCED THROUGH INTELLECTUAL PROPERTY INFRINGEMENT (“GR 20”).

Government Regulation No. 20 Year 2017 regarding Controlling of Import Export of the Goods Which Is Allegedly Constitute of or Produced through Intellectual Property Infringement (“GR 20”).

 

GR 20 gives entitlement to the Custom Office to prevent or suspend import or export of certain good which is suspected as intellectual property (IP) infringement’s good  or produced by way of intellectual property infringement  and for IP owner/holder to request the court to instruct the Custom Office to suspend  import or export of certain good which is suspected as IP infringement’s good  or produced by way of intellectual property infringement.

 1.         Custom IP Record

Business entity which is the owner/holder of IP, in this case copy right or trademark, can submit a written request supported with necessary data and evidence of ownership to the Custom Office to record/register their copy right or trademark in the Custom Office  Data base system. Custom Office will review and coordinate with the relevant government instance to verify the data and it may accept or refuse to do such record.

 

2.         Prevention 

Prevention is defined as an administration action to delay releasing, loading and transporting of imported or exported goods until custom obligations are met.

The Custom Office is authorized to do the prevention and notify the IP owner/holder if they found certain imported/exported goods are suspected as copyright or trademark infringement.

Within 2 working days after receiving such notice, the owner/holder of such copyright or trademark must give its confirmation to the Customs Office  and request the court to issue an order for suspension of  import/export of such goods suspected as being infringed their copy right/trademark.

 

3.         Suspension

By suspension, certain imported/exported goods which is alleged as IP infringement or produced by way of IP infringement is temporary suspended to exit from the custom excise area.

Suspension is conducted by the Custom Office based on a suspension order from the commercial court due to a petition from IP owner/holder who applied to the court based on:

(a)        Its own initiative as there is such import/export of goods which is alleged as infringed to its IP entitlement (presumable it can be any kind of IP which are patent and simple patent, industrial design, integrated circuit design, plant variety and geographical indication and including copy rights and trademark).

(b)        Custom notification which it receives from the Custom Office following the prevention conducted by the Custom office upon imported/exported goods which are suspected as being infringed to such  owner/holder of the relevant copyright or trademark.

 

For operational security, a bank guarantee or assurance from insurance company in the amount of Rp100 million must be provided by the IP owner/holder to the Custom Office in connection with the IP owner/holder confirmation after receiving the notice of prevention from the Custom Office or after court order for suspension requested by IP owner/holder own initiative.

Suspension is granted for 10 working days and extendable for another 10 working days subject to another application/petition.

Petition for suspension applied to the commercial court must also include the request for conducting of physical inspection on such the imported/exported goods during suspension period. 

Suspension is not applicable for goods brought by passengers and goods sent through postal or courier services which are not for commercial purposes.

If suspension period is over, subject to the result of such physical examination, the suspected goods shall, either be settled pursuant to the applicable procedure under import/export regulations, or delivered to the prosecutor if the goods are subject to criminal offence; or delivered to the court clerk for confiscation if it requested by the IP owner/holder; or settled in accordance with amicable settlement.

 

Disclaimer: This article is intended as general information only and it does not constitute a legal advice. We accept no responsibility for any loss that may arise from reliance on this information. Please contact us if you need full legal advice.