Judicial Procedure for Requesting Temporary Import and Export Suspensions for Goods Suspected of IPR Infringements

Thursday, February 20 2020 | INTELLECTUAL PROPERTY

The Supreme Court (Mahkamah Agung - “SC”) has issued Regulation No. 6 of 2019 on Temporary Suspension Orders (“Regulation 6/2019”), which sets out detailed procedures for the requesting of court orders for suspensions of releases of import and export goods due to alleged violations of intellectual property rights (“IPR”) by holders of IPR.

IPR owners or rights holders may request temporary suspension orders (Perintah Penangguhan Sementara) from local commercial courts in order to postpone the import or export of any goods which allegedly infringe IPR. Two types of suspension order are available, specifically: 

1. Suspension Order by Position, which is defined as a suspension order issued by IPR owners based on a notification which is provided by customs-and-excise officials regarding the temporary detention (penegahan) of goods. This measure specifically applies to copyright and trademark infringements; and

2. Judicial Suspension Order, which is defined as a suspension order issued by IPR owners which is not based on any notification which is provided by customs-and-excise officials. This measure can be invoked in relation to all types of IPR infringement. 

For further inquiries relating to Regulation 9/2019, do not hesitate to contact us through lawfirm@sajogolaw.com or consult@sajogolaw.com.

Source : 'Judicial Procedure for Requesting Temporary Import and Export Suspensions for Goods Suspected of IPR Infringements', Indonesian Legal Brief, 3 January 2020, Accessed 18 February 2020, (www.hukumonline.com).

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