CROSS BORDER MEASURE : ALLEGED BRAND INFRINGEMENT AT THE BORDER.

For Indonesia, the enforcement of trademark law in border areas is something relatively new. It takes years of learning from several countries that have successfully implemented it, such as but not limited to China, Singapore, Malaysia, Japan, and Thailand. The results of these studies encourage the government to create and produce new rules that are used to support the implementation of Intellectual Property law enforcement, especially trademarks in border areas, namely Government Regulation no. 20 of 2017 concerning Control of Imports or Exports of Goods Suspected to Be or Derived from the Violation of the Rights, thus, the Minister of Finance Regulation No. 20 of 2017 was issued again. The regulation number 40 of 2018 concerning Recording, Prevention, Guarantee, Temporary Suspension, Monitoring and Evaluation in the Context of Imports or Export Control of Goods Suspected to Be or Derived from the Result of Intellectual Property Rights Violation (PMK 40/2018) and the issuance of Supreme Court Regulation No. 40/2018. 6 of 2019 concerning the Temporary Suspension Order (PERMA 6/2019) is the basis for following up on issues of Intellectual Property infringement that occur at the border area/customs area.

On Friday, September 24, 2021, the Student Association of Law Study Program from Universitas Pelita Harapan Surabaya Campus in collaboration with PT. BNL Patent held a Legal Webinar entitled Cross Border Measure: Alleged Brand Infringements at the Border. This webinar is a concrete form of collaboration between the Law Study Program of UPH Surabaya Campus and PT. BNL Patent where the students of UPH Surabaya Campus Law Study Program through the student association acts as the Organizing Committee that facilitates Webinar Publication, Moderator, Zoom meeting, and Certificates of Webinar, while PT. BNL Patent facilitates webinar content, and speakers.

Through this webinar, PT BNL Patent presented 4 speakers who are certainly competent in this field. The first speaker was Mr. I Gusti Agung Sumanatha, S.H., M.H. as Chairman of the Civil Chamber of the Supreme Court of the Republic of Indonesia. The second speaker is Mrs. Nova Susanti as the Head of Sub-Directorate. Geographical Indications at the Directorate of Marks and Geographical Indications, Directorate General of Intellectual Property. The third speaker was Mr. Bahaduri Wijayanta Bekti Mukarta as Director of Enforcement and Investigation of the Directorate General of Customs and Excise of Indonesia. Lastly, the fourth speaker is Mr. Dr. Jusup Jacobus Setyabudhi, S.H., M.S as Lecturer at the Law Study Program at Pelita Harapan University, Surabaya Campus.

This webinar was guided by Moderators, namely Joshua Evandeo Irawan, SH, MH (Lecturer of the UPH Surabaya Campus Law Study Program) and Steven Jonathan (Student association of UPH Surabaya Campus Law Study Program ). There were approximately 300 participants who attended this webinar, from various regions and backgrounds. opened with remarks from Dr. Ronald, ST, MM, CSMA., CDM., PMA. as the Executive Director of UPH Surabaya Campus and continued by representatives from PT. BNL Patent Mrs. Astrid Cornelia Wolkh Wagunu, SH who explained the basis and direction of the Webinar.

The first session was delivered by Mr. I Gusti Agung Sumanatha, S.H., M.H. as Chairman of the Civil Chamber of the Supreme Court of the Republic of Indonesia. In this first session, Mr. I Gusti Agung Sumanatha discussed the Supreme Court’s Role in Enforcement of Cross-Border Brand Infringement, specifically regarding Supreme Court Regulation No. 6 of 2019 concerning Temporary Suspension Orders (PERMA 6/2019)

The second session was presented by Mrs. Nova Susanti as the Head of Sub-Directorate. Geographical Indications at the Directorate of Marks and Geographical Indications, Directorate General of Intellectual Property. Mrs. Nova brought material with a focus on the role of DJKI in Preventing Intellectual Property (Brand) Violations across National Borders

The third session was presented by Mr. Bahaduri Wijayanta Bekti Mukarta as Director of Enforcement and Investigation of the Directorate General of Customs and Excise of Indonesia. Mr. Bahaduri presented material with a focus on the role of the Directorate General of Customs and Excise of Indonesia in Enforcement of Intellectual Property (Brand) Violations across National Borders.

The last session was delivered by Mr. Dr. Jusup Jacobus Setyabudhi, S.H., M.S as a Lecturer at the Law Study Program at Pelita Harapan University, Surabaya Campus with a focus on National Intellectual Property (Brand) Violation Materials: Case Study of the Gudang Garam vs Gudang Baru Brand Dispute

After all the speakers have presented their material, this webinar is closed by Mrs. Dr. Agustin Widjiastuti, S.H., M.Hum as the Head of the UPH Surabaya Campus Law Study Program, and Mr. Benny Muliawan, S.E., M.H as the Director of PT. BNL Patent.

All participants were very enthusiastic in participating in this webinar. This can be seen from the number of questions that were received in each session which will then be responded to by the speakers after the presentation of the material is complete. Hopefully this webinar that has been held can provide good education for all participants.

Don’t forget to participate in other programs from the Law Study Program at Pelita Harapan University which will be held every month. We will continue to conduct events that would increase the knowledge regarding Law to the communities.