CHAPTER XIII: INVESTIGATION

 

Article 130

(1) In addition to investigating officers at the State Police of the Republic of Indonesia, certain civil servants from the department whose scope of duties and responsibilities include the guidance over patents shall be granted special authority as investigators referred to in Law Number 8 of 1981 on the Law of Criminal Procedure, to conduct an investigation of criminal offences in the field of patents.

(2) Investigator referred to in paragraph (1) shall be authorised to:

a. conduct examination of the truth of reports or information relating to criminal offences in the field of patents ;

b. conduct examination of persons or legal entities suspected of committing criminal offences in the field of patents ;

c. collect information and evidence from persons or legal entities in connection with incidents of criminal offences in the field of patents;

d. conduct examination of the books, records and other documents relating to criminal offences in the field of patents;

e. inspect locations on which evidence, books, records, and other documents to be found, as well as to confiscate materials and goods resulting from infringements which can used as evidence in the criminal trials in the field of patents;

f. request expert assistance in the scope of carrying out the duties of investigation of criminal offences in the field of patents;

(3) An investigator referred to in paragraph (1) shall inform the investigating officers at the State Police of the Republic of Indonesia about the initiating and the result of an investigation.

(4) An investigator referred to in paragraph (1) shall forward the results of an investigation to the Public Prosecutor through the investigating officers at the State Police of the Republic of Indonesia in view of Act No. 8 of 1981 on Criminal Proceedings.

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