Pelindungan Hukum Terhadap Pemegang Hak Kekayaan Intelektual Atas Impor Barang Hasil Pelanggaran Hak Kekayaan Intelektual

Abstract

ABSTRACT Elfi Haris Saidin, Ningrum Natasya, Maria.

Intellectual Property Rights (IPR) are one of the basic human rights that must be protected by the state. One of the vulnerable points of IPR violations is in import and export activities. Import is the activity of bringing goods into the Indonesian customs area while export is the activity of removing goods from the Indonesian customs area. As a country that has ratified the Agreement Establishing the World Trade Organization through Law Number 7 of 1994, Indonesia is obliged to implement the principles of IPR protection contained in the Trade-Related Aspects of Intellectual Property Rights (TRIPs) which is part of the WTO Agreement. The fact is that Indonesia is still referred to as a haven for goods that violate IPR, even the United States Trade Representative (USTR) still includes Indonesia in the Priority Watch List (PWL) which is a collection of countries that are considered to have a high level of IPR violations. Import-export activities in Indonesia have their own regulations. The government agency authorized to provide services and supervision of import-export activities at the entry points of Indonesia is the Directorate General of Customs and Excise (DJBC). DJBC is also mandated in Article 54 of Law No. 10 of 1995 concerning Customs as amended by Law No. 17 of 2006 to supervise the import-export of goods suspected of violating Trademarks and Copyrights. To carry out the mandate of this law, Customs and Excise has created several mechanisms that begin with recording activities (Recording). Recording is a recording process carried out by rights holders so that their IPR can be protected by BC in the Customs Area. Before recording, rights holders themselves must register their IPR with the Directorate General of Intellectual Property Rights. Up to now, 83 Trademarks have been recorded in the Customs and Excise Computer system. Compare this with the trademark applications submitted to DJKI as of April 2025 totaling 1,928,375 applications. This is interesting to examine, whether brand holders feel that they do not need to get protection for their rights in import-export activities or whether rights holders are not yet aware of the need to carry out registration or the difficult registration process or even the enforcement of IPR law in import-export activities which is felt to be difficult. Import mechanisms in Indonesia consist of at least three types. The first is general imports carried out by importers who have a legal entity and are usually carried out using means of transport (cargo) such as ships, airplanes and land vehicles for land borders with other countries. The second import mechanism can be carried out by Passengers and/or crew of means of transport. This import mechanism has special rules and is given many conveniences both in terms of fiscal and procedures. The third import mechanism is through the Courier Service Company (PJT). This mechanism is growing rapidly because it is supported by the growth of market places that provide convenience for the community to conduct trade transactions between countries. Of the three import mechanisms, DJBC only supervises alleged IPR violations committed by importers with the general import mechanism. Passenger baggage or goods sent via PJT have not been the object of supervision of alleged IPR violations. This is also interesting, because the increasing movement of goods carried by passengers or sent via PJT, it can increase the circulation of goods that violate IPR produced by certain countries.

Keywords: Intellectual Property Rights, Customs and Excise, Import, Recording.