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Legislative Implementation of Flexibilities - Indonesia

Title:Articles 130 to 135 of the Patents Law No. 14 of 01/08/2001
Field of IP:Patents
Type of flexibility:Criminal sanctions for patent infringement
Summary table:PDF

Provisions of Law

Article 130

Any person who deliberately and without rights infringes the rights of a Patent Holder by committing any of the acts as referred to in Article 16 shall be sentenced to imprisonment of at most 4 (four) years and/or a fine of at most Rp.500,OOO,ooo.00 (five hundred million rupiahs).

Article 131

Any person who deliberately and without rights violates the rights of a Simple Patent holder by committing any of the acts as referred to in Article 16 shall be sentenced to imprisonment of at most 2 (two) years and/or a fine of at most Rp.250,OOO,000.00 (two hundred and fifty million rupiahs).

Article 132

Any person who deliberately fails to fulfill the obligations as referred to in Article 25 paragraph (3), Article 40, and Article 41 shall be sentenced to imprisonment of at most 2 (two) years.

Article 133

The criminal offences referred to in Article 130, Article 131, and Article 132 shall constitute offense that warrants complaints.

Article 134

Where an infringement on Patent is established, a judge may order that the products resulted from the infringement shall be confiscated by the State to thereafter be destroyed.

Article 135

Exempted from the criminal provisions as referred to in this Chapter are:

a. the importation of a pharmaceutical product protected by a patent in Indonesia and that the product has been marketed in a country by the right Patent Holder provided that the product is imported in accordance with the prevailing rules and regulations;

b. the production of a pharmaceutical product protected by a patent in Indonesia in a period of 2 (two) years before the termination of the patent protection with the purpose to process the permit and to do marketing after the termination of the patent protection.

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