|
On 30 May 2017, the President of the Republic of Indonesia enacted Government Regulation No. 20 of 2017 on the Control of Import and Export of Goods Allegedly Constituting or Deriving from Intellectual Property Infringement ("GR No. 20/2017"). GR No. 20/2017 is essentially the implementing regulation of Law No. 10 of 1995 on Customs as amended by Law No. 17 of 2006 ("Customs Law").
GR No. 20/2017 provides a more comprehensive mechanism aimed at providing preventive-type measures and procedures for the officers of the Customs Office ("Customs Officers") in handling any suspected counterfeit goods shipped into or outside Indonesia. Under GR No. 20/2017, an owner or right holder of trademarks and / or copyrights can file an application for recordation with the Customs Office.
With this trademark and/or copyright recordation at the Customs Office, the Customs Officers can now take preventive measures on their own initiative with respect to any importation and exportation of goods suspected of infringing a certain intellectual property right. They will then notify the recorded owner or right holder of any suspected counterfeit goods being shipped into or outside Indonesia. The relevant owner or right holder may opt to file a petition for a suspension order ("Suspension Order") with the competent Commercial Court to suspend the importation or exportation of the subject goods.
Click here to read our client update.
After an extended waiting period from when the proposed plan was first announced, the Government of the Republic of Indonesia finally issued Indonesia's e-commerce road map through Presidential Regulation No. 74 of 2017 on E-Commerce Road Map for the Year of 2017-2019 (the "E-Commerce Road Map"). This E-Commerce Road Map purports to provide direction and strategic guidance to various Government agencies to support and accelerate development of e-commerce in Indonesia. The guidelines instruct both the Central and Local/Regional Governments to develop sectoral policies and programs.
The E-Commerce Road Map consists of eight (8) key areas, namely funding, taxation, customer protection, education and human resources, telecommunication infrastructure, logistic, cyber security, and establishment of a coordinating function (in the form of steering and management committee). These key areas are further divided into 26 programs, which must be carried out by the respective Governmental stakeholders in the 2017-2019 period.
Click here to read our client update.
The Indonesian central bank, Bank Indonesia ("BI") recently issued BI Regulation No. 19/8/PBI/2017 on National Payment Gateway ("BI Regulation") as part of its effort to actualize the independence of Indonesia's national payment system, especially in respect of all financial transactions carried-out in Indonesia. By issuing the BI Regulation, BI started the process to establish the National Payment Gateway ("NPG") which has two (2) key objectives: (i) the interconnectivity of all existing payment channels; and (ii) the interoperability of various payment instruments which are currently existing and used in Indonesia.
Click here to read our client update.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
|
|
Assegaf Hamzah & Partners Jakarta Office Level 36 & 37, Capital Place Jalan Jenderal Gatot Subroto Kav 18 Jakarta 12710, Indonesia
Surabaya Office Pakuwon Center, Superblok Tunjungan City Lantai 11, Unit 08 Jalan Embong Malang No. 1, 3, 5, Surabaya 60261, Indonesia http://id.rajahtannasia.com
Contacts: Ahmad Fikri AssegafSenior Partner/Co-FounderD +62 21 2555 7800 F +62 21 2555 7899 ahmad.assegaf@ahp.co.idBono Daru AdjiManaging PartnerD +62 21 2555 7800 F +62 21 2555 7899 bono.adji@ahp.co.idChandra M HamzahPartnerD +62 21 2555 7800 F +62 21 2555 7899 chandra.hamzah@ahp.co.idEri HertiawanPartnerD +62 21 2555 7800 F +62 21 2555 7899 eri.hertiawan@ahp.co.idIbrahim Sjarief AssegafPartnerD +62 21 2555 7800 F +62 21 2555 7899 ibrahim.assegaf@ahp.co.id Rajah & Tann Singapore LLPContacts: Hamidul HaqPartnerD +65 62320398hamidul.haq@rajahtann.comPaul NgPartnerD +65 62320429paul.ng@rajahtann.comRajah & Tann Asia is a network of legal practices based in Asia. | Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client. | This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update. |
|
|