Playboy is widely available here<\/p>\n
By T. Sima Gunawan<\/p>\n
There are some things we can do without. Perfume is one. However,
\nmany Indonesians readily part with a few hundred thousand rupiah
\nfor a small bottle of scent. The profits generated by the perfume
\nindustry have also resulted in counterfeiting and trademark
\nviolations. The following article and two others discuss the
\nproblem of copyright protection in Indonesia, the history of
\nperfume and the development of perfume as an industry.<\/p>\n
JAKARTA (JP): Indonesia bans Playboy magazine because it is
\nconsidered pornographic. Other \"Playboys\", however, are easily
\nfound here. Interested? Check it out in a shopping mall near you.
\nIf you still can't find it, have a look in the cosmetics counter
\nof a supermarket in a South Jakarta mall.<\/p>\n
This Indonesian Playboy is a perfumed body spray which sells
\nfor Rp 5,500. It is clearly not produced by the American
\nmagazine, even though they have the same logo: the sexy rabbit.
\nThere are no \"Penthouse\" cosmetics, but you will find Calvin
\nKlein and Pierre Cardin and copies called Pierre Calvin, Gianni
\nVersore, Dior's Poison, Poisson, Van Cleeff, Drakkaro and
\nEnternity. All are available for less than Rp 10,000.<\/p>\n
A small cosmetics shop in Blok M sells Escada for Rp 12,500
\nand a Gucci Eau de Toilet for Rp 6,500.<\/p>\n
\"You can get them cheap because they are made locally. This
\none is made in Bangkok and costs Rp 30,000,\" the shop attendant
\nsaid, pointing at a bottle of Tresor from Lancome.<\/p>\n
\"We also have the original one, which is made in Paris. The
\nprice is Rp 125,000,\" he revealed.<\/p>\n
Another shop sells a huge selection of copied perfume with
\nprices starting from Rp 2,500 for a 12 ml bottle of fake Escape
\nfrom Calvin Klein. There are five different size bottles of the
\nperfume. The 100 ml bottle is only Rp 17,500. French perfume
\ncopies, like Christian Dior and YSL, are also found in the store.<\/p>\n
The local perfumes smell the same as the originals, but the
\nfragrance doesn't last as long. The boxes are very similar but
\nthe local bottles don't look as elegant as the originals.<\/p>\n
When the Post asked the shop attendant if she worried about
\nthe police raiding the store to seize the fake products, she
\nreplied: \"They are not fake. They are just locally made and they
\nhave been registered with the government.\"<\/p>\n
Legal<\/p>\n
She is right.<\/p>\n
Some products are made locally under the license of the
\noriginal trademark owners and are obviously legal. But those
\nproduced without the consent of the original trademark owners can
\nalso be protected by the law, as long as they are registered at
\nthe Copyright, Patent and Trademark Office.<\/p>\n
Indonesia enacted its Trademark Law in 1992 to replace the
\nobsolete 1961 law, which based the trademark registration on a
\nfirst come, first served principle. The new law bans the
\nregistration of popular trademarks by persons other than the
\noriginal owners, but products already registered are not
\nannulled. The government will only cancel the registration after
\na court order, based on a lawsuit filed by the original owner of
\nthe trademark.<\/p>\n
The government implemented the 1992 Trademark Law to provide
\nintellectual property rights more legal protection. But facts
\nshow that there are many loopholes in the law. Local traders have
\nbeen quick to abuse these loopholes -- often with the help of
\ntrademark officers.<\/p>\n
Perfume and garments are two popular products of Calvin Klein
\nIndustries. In 1990 Indonesia turned down the U.S. company's
\napplication to register their trademark for those two products
\nbecause the name had been registered earlier by Suryadi Widjaja
\nand Hendra Widjaja.<\/p>\n
In 1981 Suryadi was granted the legal use of the name Calvin
\nKlein for his cosmetics for ten years. Hendra was granted the
\nright to use the name to sell products including ties, stockings
\nand socks in 1985. Two years later, the government allowed Hendra
\nto use the trademark on garments.<\/p>\n
Records show that Suryadi's right to the trademark expired in
\n1991 and that he didn't extend it. Calvin Klein Industries later
\nrefiled its registration application for the cosmetics trademark.
\nIt was accepted by the Copyright, Patent and Trademark Office on
\nJuly 13, 1994.<\/p>\n
PT Great River Garment had a similar experience. On Aug. 13,
\n1987 the government accepted PT Great River Garment's application
\nto register the trademark on a number of products, including
\ntextiles, but not on garments.<\/p>\n
By registering a company can get 10 years of legal protection
\nfor its name. It can be extended for an unlimited period.<\/p>\n
\"Under the 1992 Trademark Law, we will not extend the legal
\nprotection of the trademark filed by those other than the
\noriginal owners,\" said Kristianti Gunawan, head of the trademark
\nexamination unit.<\/p>\n
Inconsistency<\/p>\n
Lawyer George Widjojo, however, told the Post on a separate
\noccasion that the implementation of the law was inconsistent.<\/p>\n
\"Theoretically, they will not extend the registration of the
\nbrands filed by unauthorized persons. But, they have recently
\nextended the registration of the names Pierre Cardin, Levi's and
\nDunhill, filed by local people,\" Widjojo said.<\/p>\n
He said that almost all well-known trademarks were registered
\nby unauthorized persons here. Some people registered the names to
\nforce the original owners to pay bundles of money to transfer the
\ntrademark rights.<\/p>\n
Even though the original owner of the trademark can sue the
\nhijackers, not all owners pursue it because it take too long and
\ncosts to much to settle a case.<\/p>\n
Usually the district court needs more than a year to study a
\ncase. If any of the parties involved is not satisfied with the
\ncourt decision, the case can be examined by the high court, which
\nmeans another year or two, or maybe more. The Supreme Court might
\nalso look into the case if there is an appeal against the high
\ncourt ruling.<\/p>\n
The official fee for filing a lawsuit is low, but there are
\nalways the inevitable invisible fees. Apart from that, the
\nplaintiff must pay or an attorney, which is never cheap.<\/p>\n
Pierre Cardin, the famous French designer and businessman,
\nexperienced all this.<\/p>\n
Rampant trademark piracy in Indonesia prompted Pierre Cardin
\nto visit the country twice.<\/p>\n
During his first visit in 1988, he found that the name Pierre
\nCardin had been registered for 32 articles, ranging from
\nleather goods and cosmetics to spoons and toothpicks. In response
\nto his strong complaints, the then Minister of Justice Ismail
\nSaleh allowed Pierre Cardin to register the trademark in
\nIndonesia.<\/p>\n
Cardin again came to the country in 1993 because the piracy
\nhad persisted. He met not only with Minister of Justice Oetojo
\nOesman, but also with First Lady Tien Soeharto, who promised to
\npay attention to his request for adequate legal protection.<\/p>\n
But the court turned down the lawsuit filed by Pierre Cardin
\nagainst the hijacker, according to Widjojo, who represented
\nCardin. Widjojo added that his other clients, Dunhill and Levi's,
\nalso lost their legal battles against the hijackers.<\/p>\n
\"But what made Pierre Cardin really angry was the fact that he
\nwas sued by one of the hijackers and that the court ruled against
\nhim,\" Widjojo said.<\/p>\n
The suit was filed by Mulyati Kusnadi, who had obtained the
\nright to use the name Pierre Cardin for leather goods and many
\nother articles.<\/p>\n
Widjojo said that the Supreme Court is still processing Pierre
\nCardin's appeal against the lower court decision.<\/p>\n
Leather goods and perfume are only among the items which have
\ninternational brands without the consent of the original
\ntrademark owners. As a matter of fact, trademark piracy is found
\nin many other things, including in sports wear and equipment.<\/p>\n
Local trader Rabinder Singh registered the name Yonex in
\nIndonesia in 1976, and began pirating the Japanese brand name of
\nrackets, sports wear and shoes.<\/p>\n
The Japan-based Yonex Kabushiki Kaisha, the original owner of
\nthe trademark, took legal action against Singh in 1986, demanding
\nthe registration be revoked in Indonesia. The court, however,
\nruled against the firm.<\/p>\n
Yonex, however, did not give up. It proceeded with two
\nparallel legal actions against Singh. It used an article in the
\nCivil Code on unfair competition and the 1992 Trademark Law on
\nwell-known trademarks as its legal basis, according to its lawyer
\nJames B. Lumenta. On Feb. 28, 1995 the Supreme Court ruled in
\nfavor of Yonex Kabushiki Kaisha, making it the rightful owner of
\nthe brand name.<\/p>\n
Strong protests have been launched concerning the weak legal
\nprotection given intellectual property rights in Indonesia. The
\nYonex decision demonstrates that Indonesia can protect original
\nowners of trademarks if it wishes.<\/p>",
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"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
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