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Supreme Court Regulation concerning Temporary Suspension Order and Injunction

December 2012 - Intellectual Property. Legal Developments by Biro Oktroi Roosseno.

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On July 30, 2012 Indonesia Supreme Court issued a Supreme Court Regulation No. 4 of 2012 regarding Temporary Suspension Order and No. 5 of 2012 regarding Temporary Injunction.

Supreme Court Regulation No. 4 of 2012 regarding Temporary Suspension Order

Temporary suspension order is a written order from the chief of commercial court to the local custom officer to conduct a temporary suspension of imported and exported goods, which is based on the proper evidences, presumed as the counterfeit goods of the copyright and trademark infringement in Indonesia.

The requirements to conduct Counterfeit goods' impound:


1.      The copyright or trademark ownership evidence;

2.     Supplementary evidence which shows the indication of the copyright or trademark infringement;

3.      Description of suspension requested goods, namely: bill of lading, airway bill, ship number, classification and amount of goods, original port/harbor, original country;

4.      Pay the warranty in the form of cash or bank guarantee equivalent   with  the  amount   of suspended goods, including the fees incurred due to temporary suspension.

5.      Pay the fees arose from the estimation of warehouse rent, demurrage, freight expenses.


r       Supreme Court Regulation No. 5 of 2012 regarding Temporary Injunction.


Temporary injunction is an instruction issued by the Court that should be binding for all relevant parties based on the request of the applicant against an Intellectual Property Rights violation on Industrial Design, Patent, Trademark, and Copyrights to:

a.      Prevent imported goods, which presumed as the infringement goods that against intellectual property rights violations.

b.      Protect and prevent the evidence elimination by the suspected/offender.

c.       Stop the infringement to prevent the greater losses.


The applicant (the IPR owner) could request the temporary injunction by completed the requirement as below:

1.    Intellectual Property Rights ownership evidence;

2.    Evidence that proves there is a strong indication of intellectual property right's infringement;

3.    Clear description regarding the goods/documents, which will be requested, sought, collected and protected for the evidentiary purposes

4.    Pay warranty in the form of cash or bank guarantee equivalent with the amount of suspended goods. (source: Supreme Court)        

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