Mixed reactions to justice council<\/p>\n
By Ida Indawati Khouw<\/p>\n
JAKARTA (JP): The Supreme Court's decision to set up special
\njustice councils on intellectual property rights and banking has
\ndrawn mixed reactions from lawyers and observers.<\/p>\n
Some say the court's decision is progressive but others doubt
\nthat the councils will be able to solve the increasingly
\ncomplicated problems facing the judiciary.<\/p>\n
But most favor the creation of the special councils.<\/p>\n
Intellectual property rights observer Insan Budi Maulana said
\nit was "a good idea".<\/p>\n
On June 9, Chief Justice Sarwata announced the councils'
\nformation to anticipate free trade in the next century.<\/p>\n
The council on intellectual property rights is co-chaired by
\nSarwata and Deputy Chief Justice Th. Ketut Suraputra. The council
\non banking is headed by Deputy Chief Justice for Civil Courts
\nMochamad Iman.<\/p>\n
To improve judges' knowledge on intellectual property rights,
\nSarwata said, the court would hold a training program this month
\nfor junior judges aged below 35 years.<\/p>\n
In May, Indonesia ratified five international conventions on
\nintellectual property rights. Suraputra said the conventions
\nshould now be respected as Indonesian law.<\/p>\n
The five conventions on intellectual property rights are the
\nParis Convention for the Protection of Industrial Property and
\nConvention Establishing the World Intellectual Property
\nOrganization (WIPO); the Patent Cooperation Treaty (PCT) and
\nRegulation under the PCT; the Trade Mark Law Treaty; the Bern
\nConvention for the Protection of Literary and Artistic Works; and
\nWIPO Copyright Treaty.<\/p>\n
Suraputra said the Supreme Court was compiling a list of
\nintellectual property rights cases to be processed.<\/p>\n
Maulana said he hoped the council would consist of qualified
\njudges who have sound knowledge on trademarks, not only
\ninternational or famous trademarks but also local ones.<\/p>\n
He said he hoped the council on intellectual property rights
\nwould not only handle cases but also seek to end unfair
\ncompetition as stipulates in the Paris Convention. Indonesia, he
\nadded, still discriminates between local registrar with foreign
\none.<\/p>\n
Local registrars of intellectual property rights should list
\ncompany statutes and taxpayer registration numbers, whereas
\nforeign registrars did not, Maulana said.<\/p>\n
"Why are local businesspeople discriminated against?" he said.<\/p>\n
He said that other local regulations also did not comply with
\nthe conventions.<\/p>\n
Maulana said a controversial instruction issued in February by
\nthe director general of copyrights, patents and trademarks should
\nbe canceled because it did not comply with the Trademark Law
\nTreaty, which regulates trademark registration.<\/p>\n
The director general's instruction states that all trademark
\nrenewal applications should be supported with a statement from
\nrelevant business authorities to certify that the trademarks are
\nbeing used.<\/p>\n
"If we have not put this simple principle into practice, what
\nis the use of ratifying the conventions," said Maulana who works
\nfor the Lubis, Santosa and Maulana law firm.<\/p>\n
Suraputra also stressed the conflict between the conventions
\nand national law. He declined to say whether the conventions
\nwould overrule local law.<\/p>\n
Chandra Darusman of the Yayasan Karya Cipta Indonesia
\nfoundation praised the Supreme Court's decision for being
\nprogressive.<\/p>\n
"It is a great scheme," he said.<\/p>\n
But not everybody praised the move.<\/p>\n
Indonesian Legal Aid Foundation chairman Bambang Widjojanto
\nsaid the court had more urgent issues to address than the
\ncouncil's formation.<\/p>\n
"I don't say that the special councils are not important,"
\nBambang said.<\/p>\n
But, he said, the Supreme Court would spend its time more
\nprofitably by figuring out how to improve as the last bastion of
\njustice.<\/p>\n
Luhut M.P. Pangaribuan said councils' creation had been a
\n"reactive approach".<\/p>\n
He said the special councils would not solve the court's
\nproblems. "There are many more urgent issues that the court
\nshould address," said Luhut, chairman of the Jakarta Legal Aid
\nInstitute.<\/p>\n
One of the most urgent issues, according to Luhut, is
\nempowering the Supreme Court to assess the constitutionality of
\nlaws.<\/p>",
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