Such measures may include the detailed description, with or without the taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the materials and implements used in the production and/or distribution of these goods and the documents relating thereto.
Each Party shall take the measures necessary, in cases of infringement of an intellectual property right committed on a commercial scale, to enable the competent judicial authorities to order, where appropriate, on application by a party, the communication of
banking, financial or commercial documents under the control of the opposing party, subject to the protection of confidential information.
Article Article 12.48
Each Party shall ensure that, in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate request of the claimant, the competent judicial authorities may order the infringer or any other person which is party to a litigation or a witness therein to provide information on the origin and distribution networks of the goods or services which infringe an intellectual property right.
“any other person” in this paragraph means a person who was:
found in possession of the infringing goods on a commercial scale;
found to be using the infringing services on a commercial scale;
found to be providing on a commercial scale services used in infringing activities; or
indicated by the person referred to in points (i) to (iii) as being involved in the production, manufacture or distribution of the infringing goods or the provision of the infringing services.
the information referred to in this paragraph shall, as appropriate, comprise:
the names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers; or
information on the quantities produced, manufactured, delivered, received or ordered, as well as the price obtained for the goods or services in question.
This Article shall apply without prejudice to other statutory provisions which:
grant the right holder rights to receive fuller information;
govern the use in civil or criminal proceedings of the information communicated pursuant to this Article;
govern responsibility for misuse of the right of information;
afford an opportunity for refusing to provide information which would force the person referred to in paragraph 1 to admit his own participation or that of his close relatives in an infringement of an intellectual property right; or
govern the protection of confidentiality of information sources or the processing of personal data.
Article Article 12.49
Each Party shall ensure that the judicial authorities may, at the request of the applicant, issue against the alleged infringer a provisional measure intended to prevent any imminent infringement of an intellectual property right, or to forbid, on a provisional basis and subject, where appropriate, to a recurring penalty payment where provided for by domestic law, the continuation of the alleged infringements of that right, or to make such continuation subject to the lodging of guarantees intended to ensure the compensation of the right holder. A provisional measure may also be issued, under the same conditions, against an intermediary whose services are being used by a third party to infringe an intellectual property right. For the purposes of this Article, “intermediaries” include internet service providers.
A provisional measure may also be issued to order the seizure or delivery up of goods suspected of infringing an intellectual property right, so as to prevent their entry into or movement within the channels of commerce.
In the case of an alleged infringement committed on a commercial scale, the Parties shall ensure that, if the applicant demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary seizure of the movable and immovable property of the alleged infringer. To that end, the judicial authorities may order the communication of bank, financial or commercial documents, or appropriate access to the relevant information.
Article Article 12.50
Each Party shall ensure that the judicial authorities may order, at the request of the applicant and without prejudice to any damages due to the right holder by reason of the infringement, and without compensation of any sort, the destruction or at least the definitive removal from the channels of commerce, of goods that they have found to infringe an intellectual property right. If appropriate, the judicial authorities may also order the destruction of materials and implements predominantly used in the creation or manufacture of those goods.
The competent judicial authorities of each Party shall have the authority to order that those measures be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
In considering a request for remedies, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account.
Article Article 12.51
Each Party shall ensure that, when a judicial decision finds an infringement of an intellectual property right, the competent judicial authorities may issue against the infringer as well as against an intermediary whose services are being used by a third party to infringe an intellectual property right an injunction aimed at prohibiting the continuation of the infringement.
Article Article 12.52
Each Party may provide that the judicial authorities, in appropriate cases and upon request of the person liable to be subject to the measures provided for in Article 12.50 (Remedies) or Article 12.51 (Injunctions), may order pecuniary compensation to be paid to the injured party instead of applying the measures provided for in Article 12.50 (Remedies) or Article 12.51 (Injunctions), if that person acted unintentionally and without negligence, if execution of the measures in question would cause him disproportionate harm and if pecuniary compensation to the injured party appears reasonably satisfactory.
Article Article 12.53
Each Party shall ensure that the judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the right holder damages appropriate to the actual prejudice suffered by him or her as a result of the infringement. When the judicial authorities set the damages:
they shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the right holder by the infringement; or
as an alternative to (a), they may, in appropriate cases, set the damages as a lump sum on the basis of elements such as the amount of royalties or fees which would have been due if the infringer had requested authorisation to use the intellectual property right in question.
Where the infringer did not knowingly, or with reasonable grounds to know, engages in infringing activity, each Party may lay down that the judicial authorities may order in favour of the injured party the recovery of profits or the payment of damages which may be pre-established.
Article Article 12.54
Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the successful party shall as a general rule be borne by the unsuccessful party, unless equity does not allow this.
Article Article 12.55
Each Party shall ensure that, in legal proceedings instituted for infringement of an intellectual property right, the competent judicial authorities may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of the information concerning the decision, including displaying the decision and publishing it in full or in part.
Article Article 12.56
The Parties recognise that, for the purposes of applying the measures, procedures and remedies provided for in this Section:
for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for his or her name to appear on the work in the usual manner; and
point (a) shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter.
Article Article 12.57
To the extent that any civil remedy can be ordered as a result of administrative procedures on the merits of a case, such procedures shall conform to principles equivalent in substance to those set forth in the relevant provisions of this Section.
Article Article 12.58
Each Party shall endeavour to facilitate voluntary stakeholder initiatives to reduce intellectual property rights infringement, including online and in other marketplaces, focusing on concrete problems and seeking practical solutions that are realistic, balanced, proportionate and fair for all concerned including in the following ways:
each Party shall endeavour to consensually convene stakeholders in its territory to facilitate voluntary initiatives to find solutions and resolve differences regarding the protection and enforcement of intellectual property rights with the aim of reducing infringement;
the Parties shall endeavour to exchange information with each other regarding efforts to facilitate voluntary stakeholder initiatives in their respective territories; and
the Parties shall endeavour to promote open dialogue and cooperation among the Parties’ stakeholders, and to encourage the Parties’ stakeholders to jointly find solutions and resolve differences regarding the protection and enforcement of intellectual property rights and reducing infringement.
SECTION D BORDER ENFORCEMENT
Article Article 12.59
In implementing border measures for the enforcement of intellectual property rights by customs, whether or not covered by this Agreement, each Party shall ensure consistency with its obligations under the GATT and TRIPS Agreements.
With respect to goods under customs control, each Party shall adopt or maintain procedures to enable a right holder, who suspects that goods infringe trademarks, copyrights and related rights, geographical indications, patents, utility models, industrial designs, topographies of integrated circuits and plan variety rights, to lodge an application in writing with the competent authorities for the suspension by the custom authorities based on the information received, of the release into free circulation or the detention of such goods. The competent authorities shall take action on such application provided the requirement in the respective laws are met. For purposes of this Section, unless otherwise specified, “competent authorities” may include the appropriate judicial, administrative, or law enforcement authorities under a Party’s law.
Each Party shall have in place an electronic system for the management of the applications granted or recorded by customs authorities, in which:
customs authorities shall decide about granting or recording applications within a reasonable period of time from the submission of the application; and
applications can apply for multiple shipments.
This paragraph is without prejudice to any future technological developments for the improvement of the systems and procedures.
With respect to goods under customs control, each Party shall ensure that customs authorities may act upon their own initiative to suspend the release of or detain goods suspected of infringing an intellectual property right under the respective law of each Party.
Each Party shall ensure that customs authorities use risk analysis to identify suspect goods.
Each Party may have in place procedures allowing for the destruction of goods infringing intellectual property rights, according to the national laws of the Parties, without there being any need to prior administrative or judicial proceedings for the formal determination of the infringements, where the persons concerned agree or do not oppose to the destruction. In case goods determined to be infringing intellectual property rights are not destroyed, each Party shall ensure that, except in exceptional circumstances, such goods are disposed of outside the commercial channel in such a manner to avoid any harm to the right holder.
A Party may decide not to apply this Article to the import of goods put on the market in another country by or with the consent of the right holders.
A Party may exclude from the application of this Article goods of a non-commercial nature contained in travellers’ personal luggage or sent in small consignments. Each Party may have in place procedures allowing for the swift destruction of counterfeit trade mark and pirated goods sent in postal or express couriers’ consignments.
The customs authorities of each Party shall maintain a regular dialogue and promote cooperation with the relevant stakeholders and with other authorities involved in the enforcement of the intellectual property rights referred to in paragraph 1.
The Parties shall cooperate in respect of international trade in goods suspected of infringing intellectual property rights and, in particular, to share information on such trade.
Without prejudice to other forms of cooperation, the mutual assistance provided for in the Protocol on Mutual Administrative Assistance in Customs Matters shall apply with regard to breaches of legislation on intellectual property rights referred to in paragraph 1, for the enforcement of which the customs authorities are competent in accordance with this Article.
The Committee on Trade in Goods, Customs matters, and Sanitary and Phytosanitary matters in its configuration for rules of origin and origin procedures, customs and trade facilitation, and intellectual property for issues related to border enforcement referred to in Article 24.4 (Specialised committees)] of Chapter 24 (Institutional Provisions), shall be responsible for ensuring the proper functioning and implementation of this Article, in particular providing for the framework for organising cooperation.
SECTION F FINAL PROVISIONS
Article Article 12.60
The Parties shall cooperate with a view to supporting implementation of the commitments and obligations undertaken under this Chapter.
The Parties shall draw on the following modalities, among others, with respect to cooperation on intellectual property rights protection and enforcement matters. The areas of cooperation include the following activities:
the exchange of information on the legal framework concerning intellectual property rights and relevant rules of protection and enforcement;
the exchange of experience between the Parties on legislative progress;
the exchange of experience between the Parties on the enforcement of intellectual property rights;
the xchange of experiences between the Parties on enforcement at central and sub-central level by customs, police, administrative and judiciary bodies;
coordination to prevent exports of counterfeit goods, including with other countries;
technical assistance, capacity building; exchange and training of personnel;
the exchange of information and experience on intellectual property related aspects of genetic resources, traditional knowledge and traditional cultural expressions;
the exchange of information and experience on the period of effective protection under a patent on medicinal products or on plant protection products;
the protection and defence of intellectual property rights and the dissemination of information in this regard in, inter alia, business circles and civil society;
public awareness of consumers and right holders; enhancement of institutional cooperation, particularly between the intellectual property offices;
actively promoting awareness and education of the general public on policies concerning intellectual property rights;
regarding public-private collaboration engaging with SMEs, including at SME-focused events or gatherings, regarding protecting and enforcing intellectual property rights and reducing infringement; and
the formulation of effective strategies to identify audiences and communication programmes to increase consumer and media awareness on the impact of intellectual property violations, including the risk to health and safety and the connection to organised crime.
Each Party may make publicly available the product specifications, or a summary thereof, and relevant contact points for control or management of geographical indications of the other Party protected pursuant to Sub-Section 4 (Geographical Indications).
The Parties shall, either directly or through the Committee on Services, Investment, Digital Trade, Government Procurement, Intellectual Property referred to in Article 12.61 ( Committee on Services, Investment, Digital Trade, Government Procurement, Intellectual Property), maintain contact on all matters related to the implementation and functioning of this Agreement.
Article Article 12.61
Specialised Committee on Services, Investment, Digital Trade, Government Procurement,
Intellectual Property
[
This Article complements and further specifies Article 24.4 (Specialised Committees)] of Chapter 24 (Institutional Provisions).
The Specialised Committee on Services, Investment, Digital Trade, Government Procurement, Intellectual Property, shall, with respect to this Chapter, see to the proper functioning of this Chapter and may consider any matter related to its implementation and operation.
The […] may in accordance with Article 24.2 of Chapter 24 (Institutional Provisions):
amend Section A of Annex 12-A as regards the references to the law applicable in the Parties;
amend Section B of Annex 12-A as regards the elements for registration and control of geographical indications;
amend Annex 12-B as regards the criteria to be included in the objection procedure; or
modify Annex 12-C as regards the listed geographical indications.
Disclaimer: In view of the European Commission's transparency policy, the Commission is publishing the texts of its Comprehensive Economic Partnership Agreement with Indonesia following the Ministerial announcement on 23 September 2025. These texts are published for information purposes only and may undergo further modifications including as a result of the process of legal revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Indonesia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its internal legal procedures necessary for the entry into force of the Agreement.
Chapter CHAPTER 13
Section A
Antitrust and Mergers Article 13.1 Principles
The Parties recognise the importance of undistorted competition in their trade and investment relations. The Parties acknowledge that anti-competitive business practices have the potential to distort the proper functioning of markets and undermine the benefits of this Agreement.
Article Article 13.2
The Parties shall maintain competition law which applies to all sectors of the economy1 and addresses all of the following practices:
horizontal and vertical agreements between enterprises, and concerted practices which have as their object or effect the prevention, restriction or distortion of competition2;
abuses by one or more enterprises of a dominant position; and
mergers and acquisitions between enterprises which significantly impede effective competition.
All enterprises, including private and public enterprises, shall be subject to the competition law referred to in this Article. For the Union, the application of competition law does not obstruct the performance, in law or in fact, of particular tasks of public interest that may be assigned to the enterprises in question. Any limitations to the application of the competition law of a Party shall be confined to tasks of public interest and not go beyond what is strictly necessary to achieve the task of public interest and transparent.
1 For greater certainty, competition rules in the Union apply to the agricultural sector in accordance with Regulation 1308/2013 of the European Parliament and Council establishing a common organisation of the markets in agricultural products and its subsequent amendments or replacements, if any (Official Journal L347/2013).
2 For the Union, these include also decisions by associations of enterprises.
Article Article 13.3
Each Party shall maintain and develop an operationally independent authority responsible for, and appropriately equipped with the powers and resources necessary for, the full application and the effective enforcement of the competition law referred to in Article
13.2 (Legislative framework).
The Parties shall apply their respective competition law in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and rights of defence of the enterprises concerned, irrespective of their nationality or ownership status.
Article Article 13.4
In order to fulfil the objectives of this Agreement and to enhance the effectiveness of competition enforcement, the Parties acknowledge that it is in their common interest to strengthen cooperation with regard to competition policy development and the investigation of antitrust and merger cases in a manner compatible with their respective laws, regulations, important interests and available resources.
For this purpose, the competition authorities of the Parties shall endeavour to consult and exchange non-confidential information on their implementation of competition laws, policies, and practices. Where possible and appropriate, the competition authorities of the Parties may coordinate their enforcement activities relating to the same or related cases.
Nothing in this Article shall limit the discretion of the Parties’ competition authorities to take action with respect to particular cases, and to decide whether to take action on particular requests by the other Party’s competition authority.
Article Article 13.5
When exchanging information under this Section the Parties shall take into account the limitations imposed by their respective laws and regulations concerning professional and business secrecy and shall ensure the protection of business secrets and other confidential information.
When a Party communicates information under this Section, the receiving Party shall maintain the confidentiality of the communicated information.
Article Article 13.6
Chapter Chapter 22 (Dispute Settlement)]does Not Apply to this Section.
Section B
Subsidies
Article Article 13.7
Principles
The Parties agree that subsidies can be granted by a Party when they are necessary to achieve a public policy objective. The Parties recognise, however, that in certain circumstances certain subsidies may have the potential to distort the proper functioning of markets and undermine the benefits of trade between parties. In principle, subsidies granted to enterprises should not be granted by a Party when they are likely to distort3 markets.
Article Article 13.8
Definition and Scope
For the purposes of this Section, a “subsidy” means a measure which fulfils the conditions set out in Article 1 and 2 of the WTO Agreement on Subsidies and Countervailing Measures (hereinafter referred to as the “SCM Agreement”).
This Section shall apply to subsidies granted for enterprises supplying goods. This Section shall also apply to subsidies granted for enterprises supplying services as provided in Article 13.10 (Transparency) and Article 13.11 (Consultations).
Subsidies to all enterprises, including public and private enterprises, are subject to this Chapter in so far as the application of such rules does not obstruct the performance, in law or in fact, of particular tasks of public interests assigned to them. Any deviation from the application of the rules in this Chapter should be limited to tasks of public interests that have been assigned in a transparent manner.
Article Article 13.11 (Consultations) Does Not Apply to the Audio-visual Sector.
Article Article 13.11 (Consultations) Does Not Apply to Subsidies Related to Trade In Goods Covered by Annex 1 of the WTO Agreement on Agriculture and of the WTO Agreement on Fisheries Subsidies4.
This Section does not apply to:
3 The term “distort” under this Chapter is distinct from that prescribed under a Party’s law on anti-dumping and countervailing measures. This Article does not preclude a Party from initiating a subsequent anti-dumping or a countervailing measures investigation into the same product, in which the Party shall refrain from using the “distort” condition in this Chapter as a legal basis for such investigation
When the WTO Agreement on Fisheries Subsidies has entered into force for both Parties, and the Committee on Fisheries Subsidies has been established, consultations under Article X.10 (Consultations) shall not apply to subsidies within the scope of the Agreement on Fisheries Subsidies.
subsidies granted to compensate the damage caused by natural or man-made disasters, national or global economic emergency or crisis, and non-economic activities;
specific subsidies of which amount per beneficiary over a period of 3 years is below 350.000 Special Drawing Rights; or
subsidies granted at sub-central level government in Indonesia to enterprises supplying services.
Notwithstanding point (c) of paragraph, if the Union considers that it is adversely affected by a subsidy granted at sub-central government level in Indonesia to enterprises supplying services, the EU may request a dialogue with Indonesia on such matters. The requested Party shall endeavour to accord sympathetic consideration to such a request.
Article Article 13.9
Relation to the WTO Agreement
1. Nothing in this Section shall affect the rights and obligations of either Party under the WTO Agreement.
The Parties shall review the issues of disciplines on subsidies related to trade in services in light of any disciplines agreed under Article XV of GATS with a view to their incorporation into this Section after consultations between the Parties.