Dutch company wants judges investigated

JAKARTA (JP): The Netherlands-based Harby's Corporation N.V., which holds the license for hand and body moisturizer Musk by Alyssa Ashley, has asked Minister of Justice and Human Rights Baharuddin Lopa to investigate the judges that ruled against it in a copyright violation case.

Lawyer Todung Mulya Lubis, who represents the company, said on Friday the company made the request because it believed the judges' decision was unfair.

Harby's filed a lawsuit with the Central Jakarta District Court last year after discovering what it said were counterfeit Musk products on the local market.

There were no significant differences between the products, except that the allegedly counterfeit products were sold for some Rp 20,000 (US$1.67) while the real products cost some Rp 50,000 ($4.17).

The judges, presided over by Musa Simatupang, rejected the lawsuit, ruling that the accused, Joko D. Kusuma Tjiam and Liong Heng Gip, had the right to market the brand because they had registered it in Indonesia.

The brand name was registered at the Directorate for Trademarks at the Ministry of Justice and Human Rights' Directorate General for Intellectual Property Rights in 1997.

"This is actually strange because the Directorate of Trademarks should check whether the brand is already being used. Therefore, we also sued the directorate," Todung said.

The trial opened on Dec. 14 last year, and for four sessions neither Joko, Liong or their lawyers appeared despite having been twice summoned through newspapers.

In the fifth session, the defendants' lawyer, Turman Panggabean, appeared and submitted an objection to the suit and said the defendants had not received a summons. On March 22, the court threw out the lawsuit.

Indonesia, a haven for counterfeit items, used to grant legal protection to whatever party was the first to register a trademark here. This practice was barred with the issuance of the law on trademarks in 1992, which prohibits the registration of famous brand names.

"There are many odd things here. The accused have obviously violated copyright laws and we have strong proof of this. But they plead that the trademark is not famous," Todung said.

He appealed an appeal to the higher court last week on behalf of his client.

The verdict, Lubis said, also proved that judges had little knowledge of copyright laws.

"This kind of violation will only make foreign investors more reluctant to invest their money here," Lubis warned. (hdn)