Sat, 20 Mar 2004

On copyright lawsuits

An article published in The Jakarta Post on March 16 titled Commercial Court earns praise in copyright cases contained some deceptive information relating to the quotations taken from Law No. 19/2002 on copyrights and Law No. 15/2001 on trademarks.

The article stated that "Rahmat said that the court was quick to rule on copyright cases, which has also boosted confidence in the commercial court".

A verdict is usually reached in less than 30 days, he said, adding that foreign companies were appreciative of this factor. "According to Law No. 19/2002 on copyrights and Law No. 15/2001 on trademarks, a ruling must be reached within 30 days after the case is filed."

According to my knowledge, based on related articles on the settlement of copyright and trademark disputes, the laws state that a copyright lawsuit shall be given a decision within a period of 90 days as of its filing with the relevant Commercial Court. (Article 59 of copyright Law No. 19/2002.)

The examination hearing of a lawsuit shall be commenced within a period of 60 days from the date the lawsuit is filed. (Article 60, Paragraph 5 of copyright Law No. 19/2002.)

A decision on the lawsuit shall be made at the latest 90 days from the date the lawsuit is filed and can be extended for 30 days at the latest, with the approval of chief justice of the Supreme Court. (Article 61, Paragraph 2 of copyright Law No. 19/2002.)

The examination of a lawsuit shall be conducted within a period of 60 days after the registration date of the lawsuit. (Article 80, Paragraph 6 of trademark Law No. 15/2001.)

A decision on the lawsuit shall be made at the latest 90 days after the registration date of the lawsuit and may be extended at the latest for 30 days with the approval of the head of Supreme Court. (Article 80, Paragraph 8 of trademark Law No. 15/2001.)

I hope this correction might be helpful for readers.

RAHAJENG HANDAYANI, Jakarta