[sumber: http://www.ustr.gov/sites/default/files/Priority%20Watch%20List.pdf]

INDONESIA

Indonesia will be added to the Priority Watch List in 2009. There has been 
little progress on IPR protection and enforcement since 2006, when 
Indonesia’s status in the Special 301 report improved following promising 
steps taken by the Government. That trend has not continued, and the Government 
appears to be moving backward from some previous advances. The Optical Disc 
Regulations are not being implemented effectively; problems include issuance of 
licenses for suspect production lines and failure to permanently revoke 
licenses and seize equipment and materials after convictions. One of the key 
weaknesses in the Indonesian IPR enforcement regime has been in the prosecution 
of IPR crimes: cases move slowly, few cases result in successful convictions, 
and convictions often result in small fines that do not deter repeat 
infringers. Overall, raids appear to have decreased. Implementing regulations 
for the Customs Law Amendment that passed in 2006 have not yet been completed. 
Reports indicate that the National IP Task Force, created in 2006 to coordinate 
IPR protection and enforcement efforts, is ineffective. On the pharmaceutical 
front, counterfeit medicines continue to be a major problem. In addition, 
Indonesia should provide effective protection against unfair commercial use of 
undisclosed test or other data generated to obtain marketing approval for 
pharmaceutical products. Indonesia introduced a law last year on the operation 
of foreign pharmaceutical companies that raise significant market access 
concerns. Despite the overall decline in IPR enforcement, some parts of the 
Government remain interested in improving the IPR regime, as reflected by the 
recent resolution of a longstanding trademark dispute. The United States urges 
Indonesia to recapture the momentum created in 2006 and to rebuild on that 
promising start.

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