Indonesia: E-court submission for intellectual property cases now up and running at the Commercial Court

30 Jan 2023    2 minute read

In brief

On 18 January 2023, the chairman of the Commercial Court of the District Court of Central Jakarta ("Commercial Court") issued Decision of the Chairman of the District Court of Central Jakarta No. W10-U1/05/KP.00.3/I/2023 ("Decision No. W10-U1/2023"), which regulates that all submissions to the Commercial Court in relation to intellectual property cases, as well as some other types of cases, must be made through the e-court system.

Contents

E-court system replaces manual court submission

Decision No. W10-U1/2023 implements: (i) the objective of Law No. 48 of 2009 on judicial authority, which is to provide simple, quick and inexpensive trials; and (ii) Supreme Court Regulation No. 7 of 2022 on electronic case administration in court, which requires the electronic filing of civil cases at the Commercial Court.

Under Decision No. W10-U1/2023, effective from 24 January 2023, all claims in intellectual property cases must only be filed electronically through the e-court system. This includes intellectual property cases such as cancellation actions, non-use actions, civil claims requesting compensation for intellectual property infringements and civil claims against decisions of the intellectual property registry appeal commissions. All court processes, including official fee payments, issuance of summonses and attendance at hearings, should now be carried out electronically through the online system. However, all claims filed prior to 24 January 2023 will still be processed manually. Despite the implementation of the e-court system, in practice we may expect the Commercial Court to still summon all parties to make a physical appearance at the Commercial Court to: (i) assist with legal standing verification at the first hearing; and (ii) verify if documents and evidence submitted are true and valid at evidentiary hearings.

Conclusion

The implementation of the e-court system for intellectual property cases seeks to achieve the objectives and spirit of making Indonesia's court system more efficient. 

However, since Decision No. W10-U1/2023 is still new and the Commercial Court of Central Jakarta is still transitioning to this new system, we should expect more practical developments in relation to the implementation of Decision No. W10-U1/2023 for intellectual property cases.     

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Jakarta
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