The bifurcation of validity and infringement is a common problem
in many, usually civil law countries. In Indonesia the practice is
to hear the disputes separately. In the DC Comics Superman case
(see here) the case was rejected for combining claims. This is also
a risk when you run validity and infringement in the same case.
A designs case from the Surabaya Commercial Court is a good
example of how case involving both validity and infringement should
be decided to avoid wasting court time on separate cases. PT
Solihin Jaya Industri sued Chung She for invalidity claiming his
industrial designs (which dated back to 2009) for wheelbarrows with
various features were not novel and should be revoked. Chung She
counterclaimed for infringement. The Surabaya Commercial Court
rejected the Plaintiff’s revocation arguments. Instead they
found the Plaintiff had infringed the Defendant’s designs.
They granted a reasonable material damages of IDR 250,000,000
(USD14,000), plus a
