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 out-of-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 o distribution. Based on strong evidence, a trademark owner can file a criminal complaint so that enforcement officials can initiate a criminal action.