1. The decision on the lawsuit must be pronounced no later than 180 (one hundred and eighty) days from the date the lawsuit is registered.
  2. The decision on the lawsuit must be pronounced in a hearing open to the public.
  3. The Commercial Court is obliged to deliver a copy of the decision to the parties who are not present no later than 14 (fourteen) days after the decision is pronounced in a hearing that is declared open to the public.
  4. The Commercial Court is obliged to submit a copy of its decision regarding the abolition of a patent that has permanent legal force to the Directorate General of Intellectual Property no later than 14 (fourteen) days after the decision is pronounced.
  5. The Minister records and announces the decision which has permanent legal force after receiving a copy of the decision from the Commercial Court.
  6. In the event that a copy of the court decision is not submitted by the Chairman of the Commercial Court, the Minister is not obliged to record and announce the decision which has permanent legal force.
1. In the event that the Commercial Court issues a temporary determination letter, the Commercial Court shall summon the party subject to the temporary determination within a maximum of 7 (seven) days from the date of issuance of the temporary determination letter to provide information;
2. The party subject to the temporary determination may submit information and evidence regarding the patent within a maximum of 7 (seven) days from the date of receipt of the summons letter;
3. Within a maximum of 30 (thirty) days from the date of issuance of the temporary determination letter, the Commercial Court judge must decide to uphold or cancel the temporary determination;
4. In the event that the temporary determination of the court is upheld, then:
     a. the deposit that has been paid must be returned to the applicant for the determination;
     b. the applicant for the determination may file a claim for compensation for patent infringement; and/or
     c. the applicant for the determination may report the patent infringement to the investigating officer of the Republic of Indonesia National Police or a civil servant investigating officer.
5. In the event that the temporary determination of the court is canceled, the deposit that has been paid must be immediately returned to the party subject to the compensation determination due to the said temporary determination.
  1. The cassation application is registered with the Commercial Court that has decided on the lawsuit in question no later than 14 (fourteen) days from the date the decision for which the cassation is requested is pronounced or received;
  2. The Commercial Court provides a receipt signed by the clerk on the same date as the date of receipt of the registration;
  3. The cassation applicant is required to submit the cassation brief to the clerk within a maximum of 14 (fourteen) days from the date the cassation application is registered;
  4. The clerk is required to notify the cassation application and cassation brief to the cassation respondent no later than 2 (two) days from the date the cassation brief is received;
  5. The cassation respondent may submit a counter cassation brief to the clerk no later than 14 (fourteen) days from the date the cassation respondent receives the cassation brief;
  6. The clerk is required to submit the counter cassation brief to the cassation applicant no later than 7 (seven) days from the date the counter cassation brief is received;
  7. The clerk is required to send the cassation case files to the Supreme Court no later than 7 (twenty) days after the time period has passed; 
  8. The Supreme Court shall determine the trial date no later than 7 (seven) days from the date the cassation case file is received;
  9. The examination hearing on the cassation case file shall begin no later than 60 (sixty) days from the date the cassation case file is received."
Only an appeal can be filed against the Commercial Court's decision.
  1. The decision on the lawsuit must be pronounced no later than 180 (one hundred and eighty) days from the date the lawsuit is registered;
  2. The decision on the lawsuit must be pronounced in a hearing open to the public;
  3. The Commercial Court is required to submit a copy of the decision to the parties who are not present no later than 14 (fourteen) days from the decision being pronounced in a hearing declared open to the public;
  4. The Commercial Court is required to submit a copy of its decision on the revocation of a patent that has permanent legal force to the Directorate General of Intellectual Property no later than 14 (fourteen) days from the decision being pronounced;
  5. The Minister records and announces the decision that has permanent legal force after receiving a copy of the decision from the Commercial Court;
  6. In the event that a copy of the court decision is not submitted by the Chairman of the Commercial Court, the Minister is not required to record and announce the decision that has permanent legal force."
  1. The lawsuit is registered with the Commercial Court in the jurisdiction of the defendant's residence or domicile;
  2. In the event that one of the parties resides outside the territory of Indonesia, the lawsuit is registered with the Central Jakarta Commercial Court;
  3. The Head of the Commercial Court determines the trial date within a maximum of 14 (fourteen) days from the date the lawsuit is registered;
  4. The trial of the lawsuit begins within a maximum of 60 (sixty) days from the date the lawsuit is registered;
  5. The bailiff summons the parties no later than 14 (fourteen) days before the first trial is held.
The party entitled to obtain a patent, namely the Inventor or Person who further receives the Inventor's rights in question, a person or several persons who are declared as Inventors for the first time in the application, the party providing the work, government agencies, can sue to the Commercial Court if a patent is granted to parties other than those entitled to obtain a patent.
  1. The lawsuit is registered with the Commercial Court in the jurisdiction of the defendant's residence or domicile,
  2. In the event that one of the parties resides outside the territory of Indonesia, the lawsuit is registered with the Central Jakarta Commercial Court.
  3. The Chairman of the Commercial Court shall determine the hearing date no later than 14 (fourteen) days from the date the lawsuit is registered.
  4. The examination of the lawsuit begins no later than 60 (sixty) days from the date the lawsuit is registered.
  5. The bailiff summons the parties no later than 14 (fourteen) days before the first examination hearing is held.
1. In examining a lawsuit against a patented process, the burden of proof is imposed on the defendant if:
a. the product produced through the process granted the patent is a new product; or
b. The product is suspected to be the result of a process that is granted a patent, even though sufficient proof has been made, the Patent Holder is still unable to determine the process used to produce the product in question.
2. In conducting a lawsuit examination, the Commercial Court has the authority to:
a. order the patent holder to first submit a copy of the patent certificate for the process in question and the initial evidence that is the basis of the lawsuit; And
b. ordered the defendant to prove that the product they produced did not use a patented process.
3. When examining a lawsuit, the judge is obliged to safeguard the interests of the defendant in order to obtain protection from the process described abovethe judge.
4. When conducting an examination of the lawsuit, the judge, at the request of the parties, can determine that the trial is declared closed to the public.
Excluded from criminal provisions as intended in Chapter XVII and civil lawsuits for:
1. import a pharmaceutical product which is protected by a patent in Indonesia and the pharmaceutical product in question has been legally marketed in a country provided that the pharmaceutical product is imported in accordance with the provisions of statutory regulations; And
2. production of patent protected pharmaceutical products in Indonesia within a period of 5 (five) years before the end of patent protection with the aim of the licensing process then carries out marketing after the patent protection in question ends.
Only an appeal can be filed against the Commercial Court's decision.
1. The application for cassation is registered with the Commercial Court which has decided on the lawsuit in question no later than 14 (fourteen) days from the date of pronouncement or receipt of the decision requested for cassation.
2. The Commercial Court shall provide a receipt signed by the clerk on the same date as the date of receipt of the registration.
3. The applicant for cassation is obliged to submit the cassation memo to the clerk within a period of 14 (fourteen) days from the date the cassation application is registered.
4. The Registrar is obliged to notify the cassation request and cassation memorandum to the cassation respondent no later than 2 (two) days after the cassation memorandum is received.
5. The cassation respondent may submit a counter cassation memorandum to the clerk no later than 14 (fourteen) days from the date the cassation respondent receives the cassation memorandum.
6. The Registrar is obliged to deliver the counter cassation memo to the cassation applicant no later than 7 (seven) days after the cassation counter memo is received.
7. The Registrar is obliged to send the cassation case files to the Supreme Court no later than 7 (seven) days after the time period has expired.
8. The Supreme Court determines the hearing date no later than 7 (seven) days from the date the cassation case file is received.
9. The examination hearing on the cassation case file begins no later than 60 (sixty) days from the date the cassation case file is received.
1. A temporary injunction is made at the written request of the party who has suffered loss due to the implementation of a Patent. The Commercial Court may issue a temporary injunction for:
a. prevent the entry of goods suspected of infringing Patents and/or rights related to patents;
b. secure and prevent the removal of evidence by violators; and/or
c. stop violations to prevent greater losses.
1. An application for a temporary injunction is submitted in writing to the Commercial Court in the jurisdiction where the Patent infringement occurred with the following requirements:
a. attach proof of patent ownership;
b. attach evidence of strong initial indications of patent infringement;
c. attach clear information regarding the items and/or documents requested, sought, collected and secured for evidentiary purposes; And
d. submit collateral in the form of cash and/or bank guarantee equivalent to the value of the goods that will be subject to temporary determination.
1. If the application for a temporary injunction meets the requirements, the clerk of the Commercial Court shall record the application for a temporary injunction and must submit the application within a period of 1x24 (one x twotwenty-four) hours to the Chairman of the Commercial Court.
2. Within a maximum period of 2 (two) days from the date of receipt of the application for temporary injunction, the Chairman of the Commercial Court appoints a judge to examine the application for temporary injunction.
3. Within a maximum of 2 (two) days from the date of appointment, the judge must decide to grant or reject the request for temporary injunction.
4. If the request for a temporary injunction is granted, the judge issues a temporary injunction.
5. The letter of temporary determination is notified to the party subject to the temporary determination action within a maximum period of 1 x 24 (one x twenty four) hours.
6. In the event that the application for a temporary injunction is rejected, the judge shall notify the applicant of the temporary injunction of the rejection along with the reasons.
1. In the event that the Commercial Court issues a temporary decision letter, the Commercial Court summons the party subject to the temporary decision within a maximum period of 7 (seven) days from the date of issuance of the temporary decision letter for questioning.
2. The party subject to the temporary injunction may submit information and evidence regarding the patent within a maximum period of 7 (seven) days from the date ofdate of receipt of the summons letter.
3. Within a maximum period of 30 (thirty) days from the date of issuance of the temporary decision letter, the Commercial Court judge must decide to confirm or cancel the temporary decision.
4. If the court's temporary order is confirmed, then:
a. the security deposit that has been paid must be returned to the applicant for the determination;
b. the applicant for the determination can file a claim for compensation for patent infringement; and/or
c. The applicant for the determination may report a patent violation to the investigating officer of the Republic of Indonesia National Police or an employee investigating officercivil country.
5. In the event that the court's temporary order is cancelled, the security deposit that has been paid must be immediately handed over to the party subject to the compensation decision as a result of the said temporary decision.
1. Apart from investigating officials from the Indonesian National Police, certain civil servant investigating officials within the organizing ministrygovernment affairs in the legal sector are given special authority as investigators as intended in the governing laws and regulationsregarding criminal procedural law for conducting investigations into patent crimes.
2. Investigators have the authority to:
a. examination of the veracity of reports or information relating to criminal acts in the field of patents.
b. examination of persons suspected of committing criminal acts in the field of patents;
c. requests for information and evidence from people in connection with criminal acts in the field of patents;
d. examination of books, records and other documents relating to criminal acts in the field of Patents;
e. searches and inspections of places suspected of containing evidence, books, records and other documents relating to criminal acts in the field of Patents;
f. confiscation of materials and products resulting from infringement that can be used as evidence in criminal cases in the Patent sector;
g. request for expert information in the context of carrying out the task of investigating criminal acts in the Patent sector;
h. requests for assistance to relevant agencies to carry out arrests, detention, establishing wanted lists, prevention and deterrenceagainst perpetrators of criminal acts in the patent sector; And
i. termination of the investigation if there is insufficient evidence of criminal acts in the field of patents.
3. In carrying out an investigation, civil servant investigating officers can request assistance from investigating officers from the Indonesian National Police to make the investigation run smoothly.
4. The civil servant investigating officer shall notify the public prosecutor of the start of the investigation with a copy to the investigating officer of the Indonesian National Police.5. The results of investigations carried out by civil servant investigating officers are conveyed to the public prosecutor through police investigating officersRepublic of Indonesia.
1. Every person who intentionally and without authority commits an act prohibited by article 160 of the UUP, shall be punished with imprisonment for a maximum of 4 (four) years and/or a fine of a maximum of IDR 1,000,000,000.00 (one billion rupiah).2. Every person who intentionally and without right commits an act prohibited by article 160 of the UUP for simple patents, shall be punished with imprisonment for a maximum of 2 (two) years and/or a fine of a maximum of IDR 500,000,000.00 (five hundred million rupiah).3. Every person who intentionally and without violating the provisions of article 161 and/or article 162, which causes health and/or environmental problems, shall be punished by imprisonment for a maximum of 7 (seven) years and/or a fine of a maximum of IDR 2. 000,000,000.00 (two billion rupiah).4. Every person who violates the provisions of Article 161 and/or Article 162, which results in the death of a human being, shall be punished with a maximum imprisonment of 10 (ten) years and/or a maximum fine of IDR 3,500,000,000.00 (three billion five hundred million rupiah).
5. Any person who intentionally and without right leaks confidential application documents as intended in article 45 iyat (f) shall be punished with imprisonment for a maximum of 2 (two) years.
6. The criminal act as intended in Article 161, Article 162 and Article 164 is a complaint offense.7. If patent infringement is proven, the judge can order that the goods resulting from the patent infringement be confiscated by the state for destruction.