DECEMBER 2007 / JANUARY 2008
Mixed signals from Indonesia
Indonesia's Supreme Court decided three much-anticipated IP cases in 2007. Lisa Yong and Zain Adnan explain what the decisions mean for rights holders in the country
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Indonesia has a poor reputation for IP enforcement. But the decision by the US Trade Representative in November 2006 to upgrade Indonesia from its Priority Watch List to the Watch List showed that the system was improving. In 2007 the country's Supreme Court considered three closely watched IP disputes. While the decisions on patent and design infringement pleased IP owners, Intel's long struggle to enforce its trade mark rights was frustrated again. |
The cases, filed by Garuda Airlines, Honda and Intel, covered patents, registered designs and trade marks, and offered the Indonesian courts an opportunity to gain valuable experience in dealing with IP issues, especially in the complex realm of patent litigation. But a review of each of the decisions suggests that the direction the Indonesian courts will take on protecting and enforcing IP rights is still unclear.
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