PT Taishan Wins Clungene Ind Brand Infringement Case Against Hangzhou Clongene

Illustration. (Photo: Pixabay)

JAKARTA - PT Taishan Alkes Indonesia finally won a trademark rights dispute against a foreign company, Hangzhou Clongene Biotech Co., Ltd. The victory of this local Indonesian company is stated in the decision with case No. 53/Pdt.Sus-brand/2021/PN.Niaga.Jkt.Ps which was read by the panel of judges in turn.

"We reject Hangzhou's lawsuit in its entirety," said Chief Justice Mochammad Djoenaidie when reading the verdict in Room R Soebekti 1 of the Central Jakarta District Court, Thursday, December 2.

The trial was also attended by Judge Kadarisman Al Riskandar, Heru Hanindyo. In its consideration, the Panel of Judges said that the use of rapid test antigens for the Clungene Ind and Taishan Indonesia brands was proposed in accordance with the law that governs it. This has been known and obtained permission from the plaintiff.

"Legally, the rapid test brand named Clungene, which of course, the defendant cannot be qualified to violate the defendant's Clungene mark," said the Panel of Judges in their conclusion, quoted on Friday, December 24.

Meanwhile, the Director of PT Taishan Alkes Indonesia, Eiko Sihombing, welcomed this decision. According to him, the hammer that was knocked by the panel of judges confirmed that justice and truth were truly upheld and revealed truthfully and fairly.

"We, as the domestic manufacturer of rapid antigen tests under the brand Taishan Indonesia and Clungen Ind, express our infinite gratitude to God Almighty and give infinite appreciation to the Panel of Judges in case No. 53/Pdt.Sus-brand/2021/PN .Niaga.Jkt.Pst who have examined and decided wisely and wisely on this case," said Eiko Sihombing after the trial.

PT Taishan Indonesia's attorney, Beny Nurhadi, SH said that this case began with a collaboration between Taishan and Hangzhou Clongene to create a new brand with the name Clungene Indonesia. However, for one reason or another, it was shortened to Clungene Ind.

The replacement has actually been approved by both parties by affixing signatures on the power of attorney for trademark registration carried out by the IPR Consultant. However, for some reason, Hangzhou later denied it all.

"As for the Trademark Rights with Registration No. IDM000715598 owned by Hangzhou to our knowledge, there are no products marketed in any form on the market, so the basis for filing for trademark infringement is not clear," said Beny from Jakarta Law Office Solutions.

Even more confusing, said Ardy Susanto, SH from Solusi Law Office, that the Clungene Ind brand is actually owned by Hangzhou and Taishan so the lawsuit is unclear.

"Hangzhou has also done various ways, namely by making announcements in newspapers, allegedly spreading it to the WA group distributor and for these actions, we have firmly countered through criminal law efforts," he added.

Eiko Sihombing suspects that Hangzhou's lawsuit is not about trademark infringement as stated in the lawsuit. However, this lawsuit has a greater economic burden because imported products feel competitive with the local antigen rapid test product produced by PT Taishan Indonesia.

"We can also reduce the selling price by as low as 300-400 percent of the initial price so that it can be affordable by all levels of Indonesian society, in addition to the workforce we absorb more than 1,000 outside the local industry supporting our production," he said.

Furthermore, Sihombing suspects that the competition does not only occur in the private sector but also in the government sector. The indication is that the government is trying to market imported products at fairly high prices through the E-Catalog provided by LKPP specifically for purchases made by the government of the Republic of Indonesia through other Ministries/Institutions/Regional Apparatuses.

"As domestic producers, we have a big obligation, including a moral obligation, so that the COVID-19 pandemic is not a field to make maximum profits, but a field to serve the homeland and nation," he stressed.

For this reason, Ardy who is also the Secretary General of the Indonesian Medical Devices Research and Manufacturing Association (APMAKI) hopes that local products produced by PT Taishan Indonesia can be hosted in their own country and do not want to be intervened by foreign medical equipment mafia.

"We ask all parties, elements, circles not to hesitate to use domestic products and call for Proud of Made in Indonesia," he concluded.