IP Litigation Landscape In Indonesia

Introduction

Reviewing the IP data from 2018-2022, we can see a rise in overall IP cases including trade mark, copyright, patent, and industrial design in the last few years. Trade mark cancellation action still dominates as bad faith registration is still an issue in Indonesia. Unlike in some other countries where trade mark cancellation cases are filed before the Registry, the only remedy to remove the bad faith registration is by way of filing litigation proceedings at the Commercial Court.

The number of IP cases filed did not go down even during the pandemic. In fact, in 2022, there were in total of 146 IP cases filed – which is the highest number in the last 5 years – as the economy bounced back strongly. The lack of being able to be at Court physically during the pandemic pushed the Court to allow online hearings. The Commercial Court has now started to apply the E-Court system for IP