Intellectual Property Infringements in Indonesia: A Closer Look at Online Hypocrisy
As a developing country, Indonesia still has several challenges in enforcing Intellectual Property (IP). If currently, Indonesia is still on the investment blocklist published by the United States Trade Representative (USTR) through the 2023 Priority Watch List (PWL), it is not surprising because education about the importance of IP has not yet reached the total population of Indonesia, which has reached 278 million people.
Even if they know IP, they still have different perceptions in responding to existing IP problems. If an infringement occurs at a large company from abroad, they will tolerate it. But if the infringement occurs at a local company just starting, they will defend it unquestioningly. This is a phenomenon that is still widespread in Indonesia: Online Hypocrisy!
The Power of Netizen
Based on survey results from the Indonesian Internet Service Providers Association (APJII), internet users in Indonesia reached 215.63 million people in 2023. Furthermore, Hootsuite – We Are Social added that 80% of Indonesian internet users are active on Instagram and Facebook, also 60% on Twitter. These active social media users are known as Netizens, who comment the most on various cases circulating on the timeline, including Intellectual Property infringements.
The most common case is that when the world is hit by a popular film, such as Super Mario Bros. or Barbie, we can find several activities, restaurants, or playgrounds that present the themes of the IP without permission. It is promoted on their social media.
When a netizen warned, “Is the use of this character licensed?” Other netizens will respond with, “Just leave it. That brand is already rich. Sharing their fortune with small entrepreneurs is no problem, right?”
Or, “The presence of them (the IP violators) makes it easier for us to experience the same atmosphere, rather than having to go all the way to expensive amusement parks abroad.”
However, the conditions differ if the person violated is a local brand. For example, when a restaurant has an interior design and the menu list is copied by other restaurants. Netizens will happily attack restaurants that are considered imitating this with insults.
Sanctions for Violators
From the story above, there is a positive side where awareness of Intellectual Property is increasing. In some cases, people are even very enthusiastic. But on the other hand, there is still a mindset that needs to be changed. Whether it is a brand from abroad or within the country, whether it is large scale or still small/medium (SME), if they already have a registered Trademark, Industrial Design, or recorded Copyright, they have Exclusive Rights that the Constitution protects.
Without formal written cooperation, known as a License Agreement, IP owners can file a maximum lawsuit, for example, for using a Trademark without permission according to Article 100 of the Trademark Law, which states a maximum prison sentence of 5 (five) years and/or a maximum fine of IDR 2,000. ,000,000,- (two billion rupiah).
Intellectual Property Education for All
By understanding the law, you don’t want to be on the wrong side for sure. Support for businesses that already have IP is not only needed by small companies; even when the company is large, it is increasingly required. The bigger a company, the greater its impact on the environment and its ability to improve the welfare of its workers, including vendors spread across many regions. So don’t let us sabotage their income by supporting small pirates.
The role of mainstream media, which is present on digital platforms, can significantly impact enlightenment. However, even large media with good reputations still often need to correct several things regarding Intellectual Property issues in their reporting. In the upcoming article, we will raise an issue about common mistakes made by the press in Indonesia.
Should you require further information and assistance regarding Intellectual Property in Indonesia or abroad, please contact us via [email protected].
