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

Harvard Asia Pacific Review, Vol. 8, No. 2, pp. 14-18, 2005

Sydney Law School Research Paper No. 09/32

15 Pages Posted: 7 May 2009  

Simon Butt

The University of Sydney Law School

Timothy Lindsey

Centre for Indonesian Law, Islam and Society, Melbourne Law School

Date Written: May 7, 2009

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.

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

JEL Classification: K10, K30

Suggested Citation

Butt, Simon and Lindsey, Timothy, Trips, Intellectual Property Law Reform in Indonesia: Why Injunctions Aren't Stopping Piracy (May 7, 2009). Harvard Asia Pacific Review, Vol. 8, No. 2, pp. 14-18, 2005; Sydney Law School Research Paper No. 09/32. Available at SSRN: https://ssrn.com/abstract=1400527

Simon Butt (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Timothy Lindsey

Centre for Indonesian Law, Islam and Society, Melbourne Law School ( email )

Melbourne Law School
185 Pelham Street
University of Melbourne, VIC, 3010
Australia
+61 3 834 48134 (Phone)
+61 3 8344 4546 (Fax)

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