Intellectual property laws passed
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copyright on unpublished inventions by anonymous parties will be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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