Jakarta – Directorate of Investigation and Dispute Settlement of Directorate General of Intellectual Property held a consolidation meeting with 33 Regional Offices of Ministry of Law and Human Rights with a purpose to discuss about the realization of Performance Target in Intellectual Property for B06 (first semester). Brig. Gen. Drs. Edison Sitorus, M.H., as the Director of Investigation and Dispute Settlement led the meeting through video conference on Wednesday, 17 June 2020.
“Issue on intellectual property enforcement is drawing concerns in the public during the pandemic of Covid 19. Counterfeit products are flooding the market and it carries potential threat to health and life security of the society,” said Brig. Gen. Drs. Edison Sitorus.
It is all related to the modus operandi of infringer to use trademarks or packaging design that are like the genuine products. Moreover, loopholes that are found in the IP laws are also used by infringers for their business interests.
For instance allowing the act of piracy or counterfeiting to take place for delict reason. In fact, the owner of intellectual property is reluctant to report the infringement because of various reasons such as unwilling to deal with the law enforcement process, unawareness about intellectual property, so forth. Hence, DGIP should respond such phenomena and act accordingly.
“Intellectual property law enforcement has several aspects such as pre-emptive, preventive and repressive. Enforcement must be carried out in advance allowing both parties to settle in mediation as mandated by law. Even more interesting, if a case is terminated by law, we have to educate the respondent (IP owner) as well as the suspect to register their IP in accordance with prevailing laws and regulations, “ he explained.
Besides substantive matters, law enforcement structure is also crucial. The competence of law enforcer should be equipped with enough personnel of IP Civil Servant Investigators (PPNS KI) in all regions. A number of ways to make it happen are available such as by restructuring organization and regenerating investigators through education and training of PPNS KI.