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Saturday, April 16, 2011

IP Enforcement

The Jakarta Post newspaper reports that waning public confidence in law enforcement institutions has led to the government boosting the watchdogs for the police and prosecutors. In the IPR context the barriers of insufficient police resources, lack of IP expertise and corruption lead to a very low level of criminal enforcement against IPR violations. Even where a raid is possible it is very difficult to work with police who commonly have their own agenda. And when cases are brought, typically prosecutions then fail, because of documentary and evidence failures, a lack of impetus and expertise, along with corruption in the prosecution service.

As a result there is a constant discussion on how to improve things. The latest move is to expand the Public Prosecution Commission, which oversees the AGO and prosecutors and the National Police Commission, known as Kompolnas. Meanwhile the Presidential Commission on IPRs, TimNas has been attempting to improve the levels of IPR enforcement, but like the other two it technically has no ability to drive more enforcement, only advise and report.

In the private sector the Indonesian Anti Counterfeiting Society, MIAP is on the verge of producing a report on the subject as well as working on a program to lobby the government to improve the levels of enforcement. The US Special 301 review which comes out in late April will likely have a lot more to say on the subject of criminal IPR enforcement in Indonesia.

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