House approves trademark bills<\/p>\n
JAKARTA (JP): The House of Representatives passed into law on
\nMonday bills on trademarks and patents which are expected to
\nboost foreign investors' trust and the protection of intellectual
\nproperty rights (IPR).<\/p>\n
Minister of Justice and Human Rights Marsilam Simanjuntak said
\nin his reception speech at the House plenary session that the
\npublic badly needed the trademark and patent laws in a bid to
\nmaintain fair competition in trade.<\/p>\n
"The main purpose of these bills is to accommodate both
\nnational and international requirements and to incorporate each
\nrespective field of intellectual property rights, including
\npatents and trademarks," Marsilam said.<\/p>\n
"With the endorsement of the bills we hope to create a more
\nfavorable climate for the public to pursue new creations,
\ninnovations and inventions. The bills are also expected to
\nenhance trade, foreign investment and the holistic system of the
\nintellectual property rights."<\/p>\n
Indonesia has now moved a step forward in complying with the
\nAgreement on Trade Related Aspects of Intellectual Property
\nRights (TRIPs), established by the World Trade Organization
\n(WTO).<\/p>\n
Indonesia ratified the agreement through Law No. 7\/1994 and is
\nbound to implement all laws related to IPR by Jan. 6, 2001.<\/p>\n
Earlier last year, the House passed bills on industrial
\ndesign, integrated circuit space design and trade
\nconfidentiality.<\/p>\n
Under the three new regulations, violation of IPR carries
\nvaried sentences from two to four years imprisonment or a maximum
\nfine of Rp 300 million. The sentences may be concurrent and\/or
\ncumulative.<\/p>\n
Deputy chairman of Commission II for legal and domestic
\naffairs Hamdan Zoelfa, who read out the House's statement of
\napproval, said the legislative body was completing deliberation
\nof the bills on IPR and copyrights.<\/p>\n
Comprising 17 chapters and 139 articles, the bill on patents
\nstipulates the establishment of an independent patent commission,
\nwhose chairman is elected by its members, instead of the minister
\nof justice as proposed by the government.<\/p>\n
The bill also demands a maximum jail sentence of four years
\nand a fine of up to Rp 500 million (US$45,500) for violators of
\nthe patent law.<\/p>\n
It authorizes only the commercial court to settle disputes
\nover patent issues.<\/p>\n
The bill on trademarks, comprising 16 chapters and 101
\narticles, sets the maximum fine at Rp 800 million to provide
\nlegal protection for trademark holders.<\/p>\n
Like the bill on patents, the trademark bill also underscores
\nthe payment of fines rather than imprisonment.<\/p>\n
The two new bills stipulate standard procedures for filing a
\nlaw suit at the commercial court. (dja)<\/p>",
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