Intellectual property laws passed

JAKARTA (JP): The government pledged yesterday that the amended laws on intellectual property rights approved by the House of Representatives yesterday would boost technological development, trade and investment in Indonesia.

After two months of deliberations, the House approved the amended laws in a session presided by Deputy House Speaker Soetedjo and attended by Minister of Justice Oetojo Oesman.

Oetojo said, "The laws will protect intellectual rights and increase innovation in technology, science and arts, and increase trade and investment in Indonesia."

The amendments passed yesterday were on the 1987 law on copyright, the 1989 law on patents and the 1992 law on trademarks.

Amendments were made so that the laws would match the requirements of the Agreement on Trade Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods of the World Trade Organization, which Indonesia ratified in 1994.

The Indonesian Democratic Party (PDI) stated in its final overview that although the amendments were not deliberated as thoroughly as they would have liked, they would be good enough to protect intellectual property rights and boost innovation in Indonesia.

District courts

In the statement delivered by the party's spokesman Wiyandjono, the PDI said it would like more district courts established to hear cases on trademarks and patents.

"The other factions and the government have agreed to this suggestion, but because more preparation is needed, including for judges, (the establishment of the courts) cannot yet be included in the amended law," the spokesman said.

The Armed Forces faction approved the amendments but raised several questions in its final statement delivered by Sumartini. The Armed Forces suggested that the government immediately issue directives and other supporting regulations to prevent confusion and slow implementation of the amendments.

The United Development Party (PPP) spokesman Oesman Sahidi said the laws would encourage innovations in sciences, art and literature.

"The laws should also encourage research and findings... so that (Indonesia) can master the technology of industry, the technology of agriculture, marine, health and other fields," he said.

The dominant Golkar asked the government to train staff to implement the laws.

The copyright law was amended to include a provision that copyright on unpublished inventions by anonymous parties will be owned by the state, and published inventions by anonymous parties will be owned by their publishers.

The amended law on patents stipulates that the degree of novelty of an invention means that it is not a continuance of a previous work.

"Parallel importation", which allows the import of a copied patented product or service, is stipulated as being acceptable in the new law as long as it has never been produced in Indonesia.

The revamped trademark law says that protection for renowned products is based on the initiative of their owners, and the Trademark Bureau of the Ministry of Justice could guarantee protection by refusing to accept applications for the same trademark. (12)

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