Dutch company wants judges investigated

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)