What does the most recent International Intellectual Property Alliance (IIPA) report say about Indonesia?
2013 SPECIAL 301 REPORT ON COPYRIGHT PROTECTION AND ENFORCEMENT
Special 301 Recommendation: IIPA recommends that Indonesia remain on the Priority Watch List in 2013 and supports the U.S. government’s current evaluation of whether Indonesia is complying with its obligations under the Generalized System of Preferences (GSP) trade program due to intellectual property rights and market access concerns.
Executive Summary: The piracy situation in Indonesia remains severe, and enforcement authorities and courts within the country have not succeeded in sufficiently curtailing copyright infringement. Due to constrained budgets and resulting problems in enforcement through IPO PPNS, Indonesian National Police (INP), and the Commercial Court in Jakarta, 2012 saw fewer raids and very little movement on infringement cases, whether administrative, civil or criminal. The National IP Task Force, whose establishment had once held out hope for a more coordinated enforcement effort to beat back piracy in the country, has shown little activity.
Growing Internet piracy has been met by only limited attempts to halt this spreading problem. Compounding these issues, Customs has now instituted new procedures by which a court case must be initiated before a suspected import shipment will be detained. If true, this would amount to a clear-cut TRIPS violation. In addition, market access restrictions remain significant and must also be addressed. The Indonesian government has issued a draft copyright law, which makes some modest improvements, for example, with respect to dealing with Internet piracy, but heads in the wrong direction on other matters. Most importantly, even if the government is able to enact an improved legal framework, in the absence of true enforcement and judicial reforms, IIPA members fear that the endemic piracy situation will remain the norm in Indonesia.
For who is interested, the rest of the IIPA report about Indonesia can be read here.
Indonesian pirate copy of Oceania (back)
What to Think
What do I think of all this as a Smashing Pumpkins music collector? As said, I was astonished by the wide scale and shameless nature of the music and cinema piracy in Indonesia. Nowhere on this planet have I seen such a culture openly promoting and executing theft of copyright. The article I found in the Daily Indonesia newspaper was an eye-opener; this is about serious amounts of money that bands and other parties involved are missing out on. Would I promote buying these pirate CDs and DVDs? No, of course not. On a smaller perspective, I can understand the need for cheaper CD and DVD releases on the local market, but on a wider perspective, Indonesia should immediately stop hosting these pirate nests to be taken seriously again by the worldwide copyright powers that be.