The government is recorded to have handled 1,184 cases related to violations of intellectual property rights or intellectual property rights in the last five years. The number of violations has made Indonesia still hold the priority watch list or PWL status in terms of intellectual property, thus hampering investment. This is why a discussion with law firm jakarta is needed.
The Head of the Criminal Investigation Unit of the National Police, Agus Andrianto, explained that basically, the police are tasked with enforcing the law related to intellectual property rights. The National Police take action against products that violate Haki, in collaboration with a number of ministries. In 2015–2021, 1,184 cases of intellectual property rights violations were handled, with 958 of them handled by the National Police. A total of 658 cases related to trademarks, 243 copyright cases, 27 industrial design cases, 8 trade secret cases, 2 integrated circuit layout cases, and 2 plant variety protection cases.
In addition to the Police, the handling of intellectual property rights violations is also carried out by the Directorate General of Intellectual Property of the Ministry of Law and Human Rights (DJKI Kemenkumham). Of the 226 cases handled by DJKI, 115 cases are in process, 4 cases are declared P-21, and 107 cases are issued SP3.
According to Agus, one of the challenges in handling Haki cases is the law which is a complaint offense. Police investigators and other ministries require a complaint from the copyright holder before taking action. On the other hand, the investigation must be stopped when the complaint is withdrawn because the law is a complaint offense.
Therefore, the National Police urges all parties experiencing problems related to Intellectual Property Rights to report their intellectual property so that the perpetrators receive legal action. “The investigation of 656 cases was terminated, 68 percent due to the revocation of reports from the rights holders or their proxies. That is a consequence of the nature of the complaint,” said Agus. Director General of Intellectual Property (Directorate General of Intellectual Property) Kemenkumham Freddy Harris assessed that law enforcement related to IP is important to improve the investment climate in Indonesia. This is because the enforcement of IP law is one of the indicators for most investors who want to invest in Indonesia.