Did you know, the Indonesian Ulema Council (MUI) through Fatwa No. IX: 1/MUNAS/VII/MUI/5/2005 on the Protection of Intellectual Property Rights forbids any form of violation of the brand, such as using, reproducing, plagiarizing, falsifying, and pirating other people’s brands without permission. MUI Deputy Chairman for Fatwa, Anwar Ibrahim, explained that this fatwa was issued with the consideration that recently, violations of IPR have reached a stage that is very disturbing, detrimental, and endangering many parties. In the long run, this IPR violation is considered to kill the creativity of the Indonesian people themselves. According to the MUI Fatwa, trademark as one of Intellectual Property is a huquq maliyyah (wealth right) that has legal protection as a wealth according to Islamic Law. It is also stated that IPR can be used as an object of contract (al-ma’qud alaih), either muawadah contract (exchange, commercial), or tabbarru’at contract (non-commercial), and can be endowed and inherited. In Islam itself, brand plagiarism is prohibited. Anwar quoted Qs An-Nisa verse 29, which strictly prohibits believers from eating their neighbor’s wealth by false means. The Prophet Muhammad in a number of hadiths also prohibits his followers from harming others.
Trademark Protection Provisions in Indonesia
For information, Indonesia is still included in the Priority Watch List for the past 15 years. The Priority Watch List is a body established by the United States Trade Representative which contains a list of countries that have severe Intellectual Property violations. Based on records, MUI has also issued a fatwa related to IPR in 2003, which also forbids piracy of copyrighted works. MUI Fatwa Commission Secretary Hasanuddin explained that MUI fatwa No. 1 Year 2003 only specifically regulates the protection of copyright. Meanwhile, the latest MUI fatwa also includes other types of IPR, including patents, brands, trade secrets, industrial designs, and integrated circuit layout designs. In the Copyright Law, for example, a strict prohibition applies to those who publish and reproduce (including circulating and selling to the public) a copyrighted work without rights. Whereas in the MUI fatwa, prohibited acts include and are not limited to using, disclosing, making, using, selling, importing, exporting, circulating, delivering, providing, and others. The government itself welcomes MUI’s fatwa on IPR. “At least it can provide a religious moral foundation to protect IPR in Indonesia,” said the Director of IPR at the Ministry of Law and Human Rights, Ahmad Hosan, in response to the MUI fatwa.
READ ALSO: Know What is IPR and Its Importance for the Protection of Copyrighted Works
According to Ahmad, Indonesia already has a fairly complete legal regulation to protect IPR, but it still cannot maximally eradicate IPR violations. This fatwa is expected to put pressure on the public not to commit IPR violations.
KH Contact
In order to support compliance with the MUI fatwa and protect IPR officially, administrative steps such as official registration to the DJKI Kemenkumham are a must. To take care of it, you can immediately contact Kontrak Hukum. Kontrak Hukum is the first digital platform in Indonesia that provides the most complete, reliable, and affordable legal services, including IPR registration. No need to worry, because whatever type of work that KH Friend will register as IPR, everything is available at Kontrak Hukum. The process is also very easy, fast, and efficient! Let’s avoid IPR violations and disputes by registering them officially through the page To register a brand or copyrighted work as IPR, KH pals can visit the KH Services – Intellectual Property page. If you have further questions, please contact us at Ask KH or send a Direct Message (DM) to Instagram @kontrakhukum.
