Scenario: A Vietnamese home-appliance company exporting air fryers to Indonesia finds knockoffs flooding shops in Jakarta and Surabaya at 60% of the genuine price. It wants to act in Indonesia but hears enforcement there is “much harder than in Vietnam”. What is the reality?
1. Indonesia: DJKI’s PPNS and the Commercial Court
Indonesia fields civil-servant investigators (PPNS) under the Directorate General of Intellectual Property (DJKI) – empowered to investigate IP infringements, working with the national police. For adjudication, IP disputes go to the Commercial Court – a specialised court for commercial matters including IP. In practice, Indonesia’s biggest challenge is not a lack of legal tools but uneven enforcement across regions and lengthy proceedings. For knockoffs across Jakarta and Surabaya, right holders typically combine: reports to PPNS/police for raids plus Commercial Court suits for damages.
2. Vietnam: more uniform nationwide administrative coverage
Compared with Indonesia, Vietnam’s administrative system offers more uniform, faster nationwide response: Market Surveillance in every province, the Science and Technology Inspectorate and economic police coordinating smoothly. Administrative fines under Decree 99/2013/ND-CP (amended by Decree 186/2026) and Decree 341/2025/ND-CP (replacing Decree 131/2013) apply consistently. Organised, large-scale cases go criminal under Article 226 of the 2015 Penal Code. For knockoffs at 60% of genuine prices – a clear sign of counterfeiting – Vietnamese administrative agencies handle such cases routinely.
3. Comparison for the air-fryer case: realistic expectations
In Indonesia, set realistic expectations: no shortcut as swift as Vietnam’s Market Surveillance exists; local counsel who knows each territory (Jakarta differs from Surabaya) and a long-haul campaign are needed. The key lesson: register protection in Indonesia before knockoffs appear – without an Indonesian grant, every enforcement door stays shut. The most effective strategy is usually: (1) secure the Indonesian grant; (2) systematically gather knockoff evidence; (3) coordinate PPNS/police raids on production sites (hit the source, not just retail shops); (4) sue in the Commercial Court for damages as deterrence. In Vietnam, the same case can be handled much faster administratively – but do not neglect the Indonesian market where fakes are eating your sales directly.
Frequently asked questions
What powers does DJKI’s PPNS hold?
The PPNS are special civil-servant investigators under Indonesia’s IP Directorate General, empowered to investigate IP infringements and coordinate with the national police in raid campaigns. Right holders can work with this dedicated force against large-scale counterfeiting.
Which court hears IP disputes in Indonesia?
IP disputes are heard by the Commercial Court – a specialised court. Retain counsel experienced in litigating there, as procedures have many peculiarities.
Can I enforce without a grant in Indonesia?
Almost never. Every enforcement door (PPNS, Commercial Court, customs) requires rights established in Indonesia. Register first – do not wait for knockoffs to appear before filing.
This article is pending review by the QA Council before publication.
This article has been quality-reviewed by the FLAW AI Legal Council