CHAPTER XI: RIGHTS TO BRING LAWSUIT
Article 121
(1) If a patent is granted to a person other than the person entitled to said patent based on Article 11, 12 and 13, the person so entitled to the patent may bring a lawsuit to the District Court of Central Jakarta requesting the surrender to him of the patent concerned and the rights which pertain to said patent in whole or in part or in join ownership.
(1a) The right to bring a lawsuit referred to paragraph (1) shall be retroactive from the date of filing of patent application.
(2) A copy of the decision on the lawsuit referred to in paragraph (1) shall be forwarded immediately by the Clerk of the District Court of Central Jakarta to the Patent Office to thereafter be recorded in the General Register of Patents and announced in the Official Patent Gazette.
Article 122
(1) The Patent Holder or Licensee shall be entitled to bring a lawsuit for damages through the local District Court from any person who deliberately and without rights performed acts referred to in Article 17 against his rights.
(1a) The District Court may reject the lawsuit for damages including damages for the loss of profit which might be gained, if the defendant is able to prove that he was unaware or has sound reasons on his unawareness that he has infringed another’s patent protected in Indonesia.
(2) An action for damages filed in respect of acts referred to in Article 97 paragraph (1) letter b shall only be accepted if the product is proven to have been made by using said patented invention.
(3) The decision of the District Court on the lawsuit referred to in paragraph (1), (1a) and (2) shall be forwarded immediately by the Clerk of the relevant District Court to the Patent Office to thereafter be recorded the General Register of Patents and announced in the Official Patent Gazette.
Article 123
(1) In order to prevent greater losses to parties whose rights have been infringed, a Judge may order the infringer of said patent to cease the acts referred to in Article 17 while the lawsuit is being examined by the District Court.
(2) If a lawsuit has been filed for the surrender of goods produced by a patent infringement or for the value of such goods, a Judge may order that the surrender shall be carried out only after the decision of the court has become final and binding and after the claimant has paid compensation to good faith of the goods.
Article 123A
(1) In the trial of an infringement case on a patented process, the burden of proof that the product was not produced by using a patented process shall lie on the defendant if :
a. the product which was made through the patented process constitutes a new one;
b. there is a possibility that the product has resulted from the patented process; and
c. contrary to the facts that sufficient effort has been made for the purpose, a Patent Holder is not able to determine which process he has used to make the product suspected to have resulted from the infringement.
(2) For the purpose of proof in an infringement case referred to in paragraph (1) a Judge shall be authorised to:
a. order the Patent Holder to deliver in advance a copy of certificate of the patent concerned, and prima facie evidence supporting his assumption about the infringement on his patent ; and
b. order the party who is assumed to have committed an infringement to prove that the product did not result from the use of the patented process.
(3) In the trial of a patent infringement case referred to in paragraphs (1) and (2), a Judge shall consider the interest of the party assumed to have committed the infringement, to get a protection on the secrecy of the process he described for the purpose of proof in the court session.
Article 124
The right to bring a lawsuit as regulated in this Chapter shall not detract from the right of the State to conduct the criminal prosecution of patent offences.
Article 125
(1) An appeal decision of the District Court may be lodged at the High Court and cassation at the Supreme Court.
(2) A decision on appeal and a decision in cassation referred to in paragraph (1) must be immediately forwarded by the Clerk of the District Court to the Patent Office to thereafter be recorded in the General Register of Patents and announced in the Official Patent Gazette.