CHAPTER XII: PENAL PROVISIONS

 

Article 126

Any person who deliberately and without rights infringes the rights of a Patent Holder by committing any of the acts referred to in Article 17 shall be sentenced to imprisonment of at most 7 (seven) years and a fine of at most Rp. 100,000,000 (one hundred million Rupiah).

 

Article 127

Any person who deliberately and without rights violates the rights of a Holder of Simple Patent by committing any of the acts referred to in Article 17 shall be sentenced to imprisonment of at most 5 (five) years and a fine of at most Rp. 50,000,000 (fifty million Rupiah).

 

Article 128

Any person who deliberately fails to fulfill the obligations referred to in Article 27 paragraph (3), Article 46 and Article 52 shall be sentenced to imprisonment of at most 5 (five) years.

Article 128A

Where a patent infringement is established, a Judge may order that the products resulted from the patent infringement shall be confiscated by the State to thereafter be destroyed.

 

Article 129

The criminal offences referred to in this Chapter shall be felonies.

 

 

1