In an ongoing case, a European engineering firm, PT Basuki, filed a claim against a large construction company in Indonesia and several other parties, for the misuse of its secret know-how in boiler construction. PT Basuki claimed that its secret boiler design know-how was used by the defendant to develop similar products, however, PT Basuki's claim was dismissed by the Bekasi District Court. The judges reasoned that the Commercial Court rather than the District Court ought to have jurisdiction over the case because the case concerned intellectual property, and the Commercial Court had previously heard a related industrial design case between the same parties. However, the Supreme Court upheld the plaintiff's appeal against the case dismissal. The case was sent back to the Bekasi District Court to be retried and is still on-going.
The Supreme Court ruling confirms what the law has already stipulated - the case was correctly brought before the district court in Bekasi. The initial rejection of the case by the District Court was incorrect and can only be explained by their difficulty with, and lack of experience in, handling trade secret issues. This is a common problem in developing IP jurisdictions in Southeast Asian countries where trade secret issues are seldom brought before the courts despite the fact that the law may provide for it.
The new Indonesian Electronic and Information Technology Law also contains provisions against unauthorised access to computer systems. However, we have yet to see an actual application of these provisions.