29 September, 2016
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 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, Principal, Baker & McKenzie.Wong & Leow
andy.leck@bakermckenzie.com
