Answer ... Yes. Any party that suffers losses due to patent infringement may file an injunction petition with the commercial court to:
- prevent the entry of suspected infringing goods into commercial trade routes;
- withdraw from distribution, confiscate and retain as evidence suspected infringing goods;
- secure evidence and prevent the disappearance of evidence by the alleged infringer; and
- order cessation of the infringement to stop further loss and damage.
Answer ... The injunction petition must be made in writing to the commercial court, accompanied by:
- evidence of patent ownership;
- information on the details of the patent infringement;
- clear information on the products and/or documents to be requested, searched, gathered or secured for the purpose of authentication; and
- a money guarantee in an amount at least equal to the value of the goods against which the temporary injunction will be issued.
Answer ... Yes, damages are available under the Patent Law.
Answer ... A patent holder or its licensee may submit a compensation claim to the commercial court against any unauthorised party that wilfully infringes its registered patent.
Answer ... See question 9.2.
Answer ... A plaintiff can claim compensation for material damages based on a clear calculation of the pleaded damages, which must be supported by sufficient evidence. Damages are usually calculated based on the profits made by the infringer.
A plaintiff may also plead or claim for immaterial damages, which are usually calculated based on the projected losses suffered by the plaintiff due to the patent infringement. There are few cases in which a panel of judges has awarded immaterial damages; in such cases the plaintiffs have been able to provide specific calculations supported by sufficient evidence.
Answer ... Yes, sanctions are available under the Patent Law.
Answer ... When a patent holder files an infringement report with the police or public civil servant at the DGIP, the case will be tried at the relevant district court under criminal law. If found guilty, the infringer will be subject to criminal sanctions in the form of:
- up to 10 years’ imprisonment; and/or
- a fine of up to IDR 3.5 billion.
Answer ... No, based on the Indonesian Civil Procedural Law, attorneys’ fees and costs will be imposed on the party that receives the legal services from the relevant attorney.
Answer ... See question 9.9.