House approves trademark bills
House approves trademark bills
JAKARTA (JP): The House of Representatives passed into law on
Monday bills on trademarks and patents which are expected to
boost foreign investors' trust and the protection of intellectual
property rights (IPR).
Minister of Justice and Human Rights Marsilam Simanjuntak said
in his reception speech at the House plenary session that the
public badly needed the trademark and patent laws in a bid to
maintain fair competition in trade.
"The main purpose of these bills is to accommodate both
national and international requirements and to incorporate each
respective field of intellectual property rights, including
patents and trademarks," Marsilam said.
"With the endorsement of the bills we hope to create a more
favorable climate for the public to pursue new creations,
innovations and inventions. The bills are also expected to
enhance trade, foreign investment and the holistic system of the
intellectual property rights."
Indonesia has now moved a step forward in complying with the
Agreement on Trade Related Aspects of Intellectual Property
Rights (TRIPs), established by the World Trade Organization
(WTO).
Indonesia ratified the agreement through Law No. 7/1994 and is
bound to implement all laws related to IPR by Jan. 6, 2001.
Earlier last year, the House passed bills on industrial
design, integrated circuit space design and trade
confidentiality.
Under the three new regulations, violation of IPR carries
varied sentences from two to four years imprisonment or a maximum
fine of Rp 300 million. The sentences may be concurrent and/or
cumulative.
Deputy chairman of Commission II for legal and domestic
affairs Hamdan Zoelfa, who read out the House's statement of
approval, said the legislative body was completing deliberation
of the bills on IPR and copyrights.
Comprising 17 chapters and 139 articles, the bill on patents
stipulates the establishment of an independent patent commission,
whose chairman is elected by its members, instead of the minister
of justice as proposed by the government.
The bill also demands a maximum jail sentence of four years
and a fine of up to Rp 500 million (US$45,500) for violators of
the patent law.
It authorizes only the commercial court to settle disputes
over patent issues.
The bill on trademarks, comprising 16 chapters and 101
articles, sets the maximum fine at Rp 800 million to provide
legal protection for trademark holders.
Like the bill on patents, the trademark bill also underscores
the payment of fines rather than imprisonment.
The two new bills stipulate standard procedures for filing a
law suit at the commercial court. (dja)