According to a report by Tribun News on September 9th, the Indonesian government plans to ban the use of brand logos and trademarks on tobacco and e-cigarette products.
This regulation has been included in the Draft Regulations of the Ministry of Health (RPMK) and is derived from Government Regulation No. 28 of 2024 and Health Law No. 17 of 2023. The draft aims to standardize the packaging of tobacco and e-cigarette products.
Ali Ridho, a legal expert from Trisakti University, pointed out that this policy could potentially lead to violations in terms of the constitution and intellectual property rights (HAKI).
Reed explained that the background for implementing this regulation is the Health Law No. 17 of 2023. However, Government Regulation No. 28 of 2024, while addressing tobacco and e-cigarette products, does not specifically require packaging standardization as described by RPMK.
Reed believes that these regulations are inconsistent with the court's rulings. Furthermore, he points out that this could potentially violate intellectual property rights.
Reid expressed his views at a debate in Jakarta.
Government regulation No. 28 of 2024 indirectly violates intellectual property rights and appears to be unrelated from a constitutional perspective.
From a constitutional perspective, this policy is considered to not comply with established legal rules. When formulating regulations, he emphasized the need to pay attention to the overall consistency between policy implementation and judicial rulings.
In addition, Reid also pointed out that standardized packaging could potentially infringe on consumer rights.
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