Combating counterfeiters

Combating counterfeiters

The United States Trade Representative, Mickey Kantor, cited Indonesia as one of the countries which have markedly improved copyright protection, thereby escaping a special review with regard to possible U.S. trade sanctions. However, Kantor's annual report to Congress on Saturday showed that Indonesia remains on the watch list, the lowest priority for targeted trade sanctions.

It was, we think, simply a coincidence that three days before the announcement of Kantor's annual report in Washington, State Secretary/Minister Moerdiono asserted in Jakarta the Indonesian government's stronger pledge to accelerate the fight against violations of intellectual property rights -- trademarks, patents and copyrights.

What Moerdiono -- in his capacity as the chief of the presidential team set up in 1986 to coordinate the protection of intellectual property rights -- announced in a special briefing to reporters on April 26 was the results of his meeting with the heads of government agencies related to the enforcement of intellectual property laws.

He said the enforcement of the laws would be strengthened by stepping up raids on pirates, imposing harsher penalties on counterfeiters and banning the imports of counterfeit goods.

There were two other important points raised by Moerdiono in his announcement. The first calls for expanding the training of law enforcement officials and the second for the stepping up of information campaigns to promote the public's awareness of the need to protect intellectual property rights.

We think it is not a lack of political will, but rather a lack of skilled law enforcers and the inadequate awareness on the part of the general public that have been the major problems encountered in the protection of intellectual property rights.

The government has proven its political determination to protect intellectual property rights, as can be seen from the amendments to the old laws on patents, copyrights and trademarks made over the last few years. The government also is drafting several new laws regarding the protection of intellectual property rights to accommodate the latest developments in technology and business practices and to comply with the rules of the World Trade Organization.

Obviously, enacting laws is one thing and enforcing them is quite another thing. First of all, the history of the industrialization process in Indonesia has been relatively short. The transformation of an attitude based on an agrarian economy in which almost everything is considered a blessing from God, into a way of thinking that is increasingly industry oriented takes time.

Hence, the information campaign to increase the public's awareness is quite essential. And so is the stepping up of training to help law enforcers to comprehend and enforce the laws.

We reckon the U.S. government has noted the seriousness of the government's stance regarding the protection of intellectual property rights. That, we think, is the main reason why Indonesia has not been placed on the priority list of countries threatened with trade sanctions.

That the enforcement of the laws has not been as effective as expected is understandable, in view of the objective reasons cited above.

In fact, as Moerdiono stated, the government is very committed to accelerating the educational process and to strengthening law enforcement by introducing tougher repressive measures and by stepping up the training of law enforcers.

We would be naive to deny that international pressure has nothing to do with this drive, especially in view of the export- led growth strategy of Indonesia's economic development.

But the stronger motive, we think, is the government's realization that as the domestic industries become increasingly oriented to the manufacture of higher value added products, it would be in the country's own national interests to protect intellectual property rights in light of stimulating homegrown innovations and attracting more technology and knowledge- intensive foreign investment ventures.