Trips, Intellectual Property Law Reform in Indonesia: Why Injunctions Aren't Stopping Piracy

Abstract:     
This article discusses reforms to Indonesian intellectual property law relating to enforcement. It observes that pre-existing Indonesian law did not provide for ex parte interlocutory injunctions of the kind that the World Trade Organisation’s Trade Related Aspects of Intellectual Property (TRIPs) Agreement requires. It shows also that despite their provision in some of Indonesia’s intellectual property laws, Indonesian judges have been reluctant to issue them. A case involving Microsoft is discussed to highlight this problem and other intellectual property enforcement difficulties in Indonesia.

Number of Pages in PDF File: 15

Keywords: intellectual property, law and development, Indonesia, law, commercial law

JEL Classification: K10, K30

Accepted Paper Series