On September 27th 2023 the Bandung High Court increased the prison sentence imposed on Kamaludin, an infringer of the registered HALLE trademark. Previously, the Panel of Judges of the Bekasi District Court, on July 24th 2023, imposed a prison sentence of 6 (six) months against him. This sentence does not need to be served unless the he is later proven guilty of committing any criminal offense during a probation period of 1 (one) year. The Bekasi District Court’s decision could not be accepted by the Bekasi District Prosecutor Office. Therefore, on 31 July 2023, the Public Prosecutor submitted a Memorandum of Appeal to the West Java High Court in Bandung through the Bekasi District Court.
After almost two months, a decision was finally made in regards to the Public Prosecutor’s appeal by the Bandung High Court, increasing the prison sentence imposed on Kamaludin to 1 (one) year. This prison sentence does not need to be served unless the he is later proven guilty of committing any crime in 2 (two) year probation period.
Based on the testimonies given by all witnesses, presented evidence, and the confession of the Accused during the trial at the first instance, the Panel of Judges at the Bandung High Court believes that the Accused has been legally and convincingly proven to have infringed the registered HALLE trademark owned by PT. Deltasindo Raya Sejahtera. The mark is registered at the Trademarks Registry under Registration Nos. IDM000370018 and IDM000887219 to protect goods in class 09, such as batteries for Uninterruptible Power Supply (UPS). The trademark infringer breached Article 100 Par (1) of the Law No. 20 of 2016 concerning Trademarks and Geographical Indications.
Based on the decision of the High Court in this criminal case, Donny A. Sheyoputra, as legal counsel for PT. Deltasindo Raya Sejahtera and the Complainant in this case stated:
“We are still appreciative of this decision despite the criminal sanctions imposed by the Panel of Judges at both the District and High Courts are relatively light due to the condition that the Accused was not required to be in jail during a probation period. This court decision shows that the Accused’s actions, as alleged by the Public Prosecutor, was legally and convincingly proven. The circulation of counterfeit batteries using our client’s registered HALLE trademark is not only detrimental to our clients economically, but also to consumers due to the poor quality. Our client will take a firm stance against anyone suspected of infringing their HALLE registered trademark.”
“Our client has actually opened the door for the Accused to resolve this matter amicably in order to establish restorative justice. There were more than two negotiation meetings between me on behalf our client and the Accused, unfortunately there is no common ground between us. As no amicable settlement reached, we have no other choice. He was forced to accept the consequences of his actions by accepting criminal sanctions imposed by the Bekasi District Court which were then increased by the Bandung High Court,” concluded Donny A. Sheyoputra.
The Bandung High Court’s decision is now final and binding since the Accused and the Public Prosecutor did not submit any cassation to the Indonesian Supreme Court.
