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.