Cooperation Agreement for Intellectual Property Enforcement at Indonesian Customs
Directorate General of Customs and Excise (Customs) – Indonesian Ministry of Finance together with the Directorate General of Intellectual Property (DGIP) – Indonesian Ministry of Justice and Human Rights signed a cooperation agreement related to Intellectual Property (IP) enforcement on October 4, 2021.
This cooperation agreement is a guideline and legal umbrella that aims to increase synergy between the two parties in conducting effective and efficient IP enforcement, as well as to improve the investment climate in Indonesia related to the IP anti-counterfeiting to remove its status from the Priority Watch List which published by United States Trade Representative (USTR).
Moreover, this cooperation agreement is valid for three years and can be extended based on the agreement of the two parties. The cooperation agreement covers the exchange of data and/or information, increasing coordination between government agencies on export and/or import monitoring related to IP infringement regulation in the customs sector, and joint physical inspection of goods as a follow-up to the temporary suspension order, as well as increasing the capacity of human resources. The two parties are required to formulate and implement policies in each sector.
The parties are also required to provide information, materials, experts, socialization, education, and training to increase knowledge related to border measures, and attend a joint physical inspection of goods as a follow-up to the temporary suspension order by the responsibilities and functions of each party. In addition, the two parties are entitled to gain access from each party to use data related to copyright recordation, and trademark applications that have been registered in the DGIP for IP enforcement facilitation.
The IP enforcement action that has been carried out by the two parties was a joint physical inspection for the suspected counterfeit pen in Tanjung Perak port, Surabaya in January 2021 with 858.240 pens being restrained as deferred goods. A joint physical inspection has also been conducted for the suspected counterfeit razor in Tanjung Emas port, Semarang in October 2020.
This Cooperation Agreement also aims to improve the recordation of IP holders at the Customs and exchange IP data with the DGIP in Indonesia. Up to April 2022, only 25 (twenty-five) IPs have been recorded in the Customs Recordation System. Besides the controversy of Regulation No. 40/PMK.04/2018 issued by the Indonesian Minister of Finance regarding Recordation, Restraint, Guarantee, Temporary Suspension, Monitoring, and Evaluation to Control Import or Export of Goods Allegedly or Originated from Infringement of IP, the low amount of the IP recordation indicates that the Customs need to encourage IP Holders to record their trademarks and copyrights in the Customs Recordation System.
Through the Cooperation Agreement between Customs and DGIP, the IP Holders are expected to be able to record their trademarks and/or copyrights easily in the Customs to combat IP infringement.
#IP #intellectualproperty #enforcement #IPenforcement #trademark #copyright #recordation #customs #physicalinspection #anticounterfeiting #brandprotection #counterfeiting #restraint #bordermeasures #prioritywatchlist #export #import #deferredgoods
Source: www.beacukai.go.id
Photo by Kelly www.pexels.com
Nugra & Partners – Intellectual Property Consultant
For More Information Please Contact:
Johana Listyorini
Partner
johana_listyorini@yahoo.co.id