The Bern Convention

The Bern Convention

Barring some unforeseen circumstances, it now appears certain
that Indonesia will soon -- probably in a matter of days --
ratify the 1886 Bern Convention on copyright protection. The
intention was announced Monday by the vice cabinet secretary of
the State Secretariat, Bambang Kesowo.

The proposal to ratify the document has been sent to the
President and discussions relating to the possible effects and
implications of the step have been held with the minister of
justice as well as the attorney general and the chief of the
National Police.

The general instruments of accession to the Bern Convention
are expected to be deposited by the government with the World
Intellectual Property Organization (WIPO) director general on
Thursday. At the same time similar documents will be delivered to
six other WIPO conventions on the protection of intellectual
property.

Critics may argue that the step is long overdue, coming at
least two decades late. Nevertheless, it is no exaggeration to
say that by acting, Indonesia is taking yet another step toward
formally joining the world community of respected nations.

Today more than ever, intellectual property -- which
essentially comprises the works of writers, musicians, artists
and other creative individuals -- needs safeguarding to ensure
the protection of the works' creators as well as the media
through which their works reach the public.

It is indeed ironic that while making such creative works more
accessible to us, modern technology also makes it easier for the
unscrupulous to copy works, thereby depriving the creators of the
remuneration they deserve.

Here in Indonesia, one does not have to look far to see the
damage that piracy inflicts on such institutions as publishing
houses and producers. Confiscation of unauthorized published or
issued material notwithstanding, complaints are still regularly
heard from book publishers and music cassette and compact disc
(CD) producers that their businesses are being seriously hurt by
piracy.

Figures obtained from the International Federation of
Phonograph Industries, for example, show that at least 9 percent
of imported music cassettes and CDs are pirated. And while
reliable recent figures for domestically produced cassettes and
CDs are more difficult to obtain, one can surmise that the
situation here is not much better.

Under the circumstances, it is little wonder that so few
Indonesian scholars, for example, aspire to write textbooks. In
the final analysis, it is not only publishers and writers who
suffer, but society as a whole as well. It should be easy enough
to see that the same principles also work on a wider scale,
namely globally.

It must be said, though, that in past years and decades, steps
were taken toward better copyright protection, and action has
from time to time been taken to enforce the regulations, such as
through raids on establishments selling pirated computer
software, music cassettes and laser discs. In March, the House of
Representatives revised the already existing copyright, trademark
and patent laws to conform with the World Trade Organization's
Agreement on Trade Related Aspects of Intellectual Property
Rights.

It is probable that international pressure helped spur the
government into taking the step of ratifying the century-old Bern
Convention. On the other hand, it is true that more and more
people are beginning to realize the need for effective protection
of literary and artistic works -- in other words, of intellectual
property rights. Whatever the motive, the step which the
government is taking is not only judicious, but timely.