Copying The AE7 And Alfatip Brands, Perpetrators Of Smuggling 228 Thousand Pens From China Could Be Sentenced To 5 Years In Prison

228,000 counterfeit ballpoint pens from China who want to enter Indonesia. (ANTARA/HO-Humas DJKI)

JAKARTA - The Head of Sub-Directorate for Mark Inspection as well as an expert witness for DJKI Kemenkumham Agung Indriyanto said the perpetrators of smuggling 228,000 counterfeit pens from China that entered Indonesia could be sentenced to 5 years in prison.

Agung said that if he was rushed to the criminal realm, the act was included in Article 100 Paragraph (1) of Law Number 20/2016 concerning trademarks. "Five years in prison and/or a maximum fine of Rp. 2 billion," Agung said in an electronic message quoted by Antara, Friday, November 5.

The smuggling case was thwarted by officials from the Ministry of Law and Human Rights through the Directorate General of Intellectual Property (DJKI) together with the Directorate General of Customs and Excise and related agencies.

"DJKI conducts inspections of imported goods suspected of violating the intellectual property of registered trademarks in the form of 288,000 pens," added Agung.

The examination of the pen which was allegedly fake and imported by PT Vikom Cahaya Cemerlang from China was carried out at the Tanjung Emas KPPBC TMP Customs Storage, Semarang.

The goods have previously been suspended by Customs based on a letter of suspension from the court Number 1/Pdt.Sus-Temporary Suspension/2021/PN.Smg dated October 29, 2021.

"The goods imported by PT Vikom Cahaya Cemerlang from China have similarities in all of the products of PT Standardpen Industries as the owner of the Standard, AE7 and Alfatip brands," he said.

Meanwhile, Semarang Commercial Court judge Eko Budi Supriyanto explained that the results of the physical examination will be the basis for judges in making decisions at Monday's trial.

As additional information, the Indonesian government is currently trying to get out of the Priority Watch List (PWL) or the list of countries that are considered to have serious intellectual property infringement problems.

Indonesia's exit from the PWL status, even the watch list in the special 301 report published by the USTR or the United States Chamber of Commerce, has an important role in increasing international confidence, especially for foreign investors.