Commercial Court IP Litigation in Indonesia

When an intellectual property dispute in Indonesia reaches the litigation stage, the Commercial Court is generally the forum for civil disputes involving trademarks, patents, copyrights, and industrial designs. For foreign rights holders, however, the difficult part is rarely identifying the court alone.

The more important questions are whether litigation is the right remedy, where the claim should be filed, what evidence is needed, and what outcome the business is actually trying to achieve.

Our approach is to assess those issues before proceedings begin. An IP lawsuit should support a commercial objective, not become an expensive exercise simply because infringement has occurred.

Which IP Disputes Go to the Commercial Court?

The Commercial Court has jurisdiction over civil disputes involving major IP rights, including trademarks, patents, copyrights, and industrial designs. It is a specialized court operating within Indonesia’s general court system.

The type of dispute determines the available cause of action. A trademark owner may pursue an infringement claim, while certain disputes may concern cancellation or invalidation of a registration. Patent and industrial design laws likewise provide specific routes for infringement and validity disputes.

That distinction matters because an infringement claim and a challenge to the validity of an IP right are not the same proceeding. Before filing, counsel should establish what legal right has been violated and what the client needs the court to achieve.

Where Should an IP Lawsuit Be Filed in Indonesia?

Commercial Courts currently sit in Central Jakarta, Medan, Semarang, Surabaya, and Makassar. For civil IP disputes, jurisdiction generally follows the defendant’s domicile.

There is an important rule for international disputes. Under Indonesia’s Trademark Law, where one of the parties is domiciled outside Indonesia, the lawsuit is filed with the Commercial Court of Central Jakarta. The Patent Law contains a similar jurisdictional provision.

For an overseas rights holder, this means jurisdiction should be confirmed before filing rather than assumed from where the infringement occurred or where the business operates.

What Should You Prepare Before Filing?

In our experience, the quality of preparation before filing can be more important than the act of filing itself.

Start by verifying the IP right and ownership. For a registered trademark, for example, review the registration, owner, relevant classes, and recorded assignments or licences.

Next, build the infringement evidence. Depending on the dispute, this may include product samples, purchase records, online listings, advertisements, technical comparisons, or other evidence establishing the infringing conduct.

The commercial objective should also be clear. A client may want to stop the infringement, remove a conflicting registration, recover damages, protect a distribution network, or establish a broader deterrent effect.

Indonesian IP litigation does not operate with a general discovery process like some common-law jurisdictions. Rouse’s Indonesia guide therefore highlights the importance of preparing the evidence before proceedings begin.

For foreign clients, documents also require careful handling. Indonesian court proceedings are conducted in Bahasa Indonesia, and procedural requirements surrounding powers of attorney and supporting corporate documents must be satisfied at filing.

What Remedies Can You Seek Through IP Litigation?

The available remedies depend on the IP right and the type of claim.

For example, Indonesian trademark law allows a rights holder or qualifying licensee to pursue infringement proceedings and seek damages and/or an order to stop infringing activities. The law also provides for requests concerning the cessation of production, circulation, or trade of infringing goods or services during proceedings.

Copyright law allows rights holders to bring damages claims before the Commercial Court and request interlocutory measures concerning infringing works or reproduction activities.

Industrial design law similarly permits claims for damages and cessation of infringing acts, with provisional measures available in qualifying cases.

The remedy should therefore be selected around the business objective. Stopping an infringement, recovering losses, and removing an invalid registration may require different legal strategies.

Work With an Experienced IP Litigation Team in Indonesia

IP litigation requires more than general courtroom experience. Counsel needs to understand the underlying IP right, the technical or commercial evidence, Indonesian procedure, and the client’s business priorities.

AMR Partnership has provided intellectual property services since 1986 and has handled more than 135,000 trademarks, serving both local and global clients with customized solutions.

AMR has an in-house IP litigation team and handles trademark infringement and passing off, patent infringement, copyright violations, industrial design imitation, and other contentious IP matters. The firm’s dispute practice also emphasizes negotiated resolution where appropriate, rather than treating litigation as the only outcome.

For international rights holders facing an IP dispute in Indonesia, AMR Partnership can assess the cause of action, jurisdiction, evidence, and available remedies, then develop a litigation or resolution strategy aligned with the client’s commercial objectives.

Frequently Asked Questions

Which court handles IP litigation in Indonesia?
Civil disputes involving trademarks, patents, copyrights, and industrial designs are generally handled by the Commercial Court at first instance.

Can a foreign company bring an IP lawsuit in Indonesia?
Yes. Foreign rights holders can bring qualifying civil IP claims in Indonesia. Where one of the parties is domiciled outside Indonesia, the relevant IP laws provide for filing with the Commercial Court of Central Jakarta.

What remedies are available in an Indonesian IP lawsuit?
Depending on the IP right and claim, remedies may include damages, orders to stop infringing activities, cancellation or invalidation, and certain provisional measures.