Indonesian Anti-Counterfeiting Society Held a Virtual Seminar

The Indonesian Anti Counterfeiting Society (MIAP) held a virtual seminar with the theme “Best Practice for Compensation for Trademark Violation – Comparison from the point of view of Indonesian Law and International Practice.” Justisiari P. Kusumah – Executive Director of MIAP said, this webinar is important to discuss because it is not only for the purpose of legal certainty and protection for related parties, especially brand owners, but also as useful information for business actors and the public.

This webinar aims to provide the public, practitioners, judges, Law Enforcement Officials and related officials with clear information regarding claims for compensation submitted to third parties who are applying for trademarks with law office help or without it. In addition, to introduce best practices regarding the calculation of compensation for brand infringement globally.

There are many similar previous cases that can be analysed, as well as making comparisons with the prevailing practice in other countries. So that there is an exchange of views between brand owners, business actors, as well as commercial court judges and trademark offices.

It is hoped that the results of this discussion can be an input/settlement for judges and law enforcement officers in deciding/resolving a trademark dispute, especially related to the application of compensation for trademark infringement.”

The Deputy Chairman of the Central Jakarta District Court, Albertus Usada, explained that one thing that is still a question so far is that whether a claim for compensation filed against a third party who is applying for a trademark can be categorised as a premature lawsuit considering that the Mark Office has not yet decided on this matter.

So that the benchmark used by the Judge in deciding the amount of the compensation value proposed by the Plaintiff was questioned.

also read : The lawsuit for compensation for trademark infringement from the point of view of Indonesian law

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