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Semarang, Indonesia – Copyright Infringement Claim on Computer Software Licence

01

NOV

2022

A&CO Law Office, representing a multinational computer software company that focuses on 3D & 2D Product Lifecycle Management software, won a case on copyright infringement committed by PT King Manufacture, a company engaged in the mold & dies manufacturing industry located in Solo, Central Java, Indonesia, in mid-January 2022.

PT King Manufacture has allegedly used the software for commercial purposes without the consent / or valid licence from the company that owns the software.

The Panel of Judges of the Commercial Court of the Semarang District Court presided by Aloysius Prihartono Bayuaji S.H., M.H., rendered a decision on the claim on Tuesday 18 January 2022 with the following rulings:

  1. To grant the Plaintiff's Claim in Part;
  2. To declare that the Defendant has infringed the copyright, in the form of the plaintiff's economic rights, by using the Plaintiff's computer programs for the Defendant’s commercial interest without the consent or a valid license from the Plaintiff as the copyright holder;
  3. To order the Defendant to pay for compensation for the material damages to the Plaintiff in the amount of IDR 1,577,631,103.62 (one billion five hundred seventy-seven million six hundred thirty-one thousand one hundred and three Rupiah and sixty two cents Rupiah) (by calculating the middle exchange rate of the United States of America against Bank Indonesia Rupiah when this claim was filed, i.e. USD 1 = IDR 14,321.01);
  4. To order the Defendant to pay court fees, which to date have been determined at IDR 890,500 (eight hundred ninety thousand and five hundred Rupiah);
  5. To reject the remaining points of the claim filed by the Plaintiff.

With regard to the Decision rendered by the Commercial Court of the Semarang District Court, PT King Manufacture filed a cassation to the Supreme Court; however, on 5 April 2022, the Supreme Court rejected the cassation and continued to uphold the decision of the Commercial Court of the Semarang District Court. Therefore, the decision is final and binding.

The right to claim for infringement of Copyright and/or Related Rights does not prejudice the Rights of the Author and/or the Related Rights owner to charge for criminal prosecution. (Article 105 of the Indonesian Copyrights Law Number 28 year 2014)

According to article 113 paragraph 3 of the Indonesian Copyrights Law Number 28 year 2014 “Every person who unlawfully and/or without permission of the Author or Copyright holders infringes the economic rights of the Author as referred to in Article 9 Section (1) point a, point b, point e, and/or point g for Commercial Use shall be sentenced to imprisonment for up to 4 (four) years and/or fine up to IDR 1,000,000,000.00 (one billion Rupiahs)”

About the Firm

A&CO Law Office
Address ITS Tower — Nifarro Park 8th Floor, Suite 801, JI. Raya Pasar Minggu No. 18, Jakarta Selatan 12510, Indonesia.
Tel 62-21-2279 3859
Fax 62-21-2279 3860
Email ardhiyasa@aco-law.com; info@aco-law.com
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