GOVERNMENT OFFER 27 INFRASTRUCTURE PROJECTS WORTH Rp 551.2 TRILLION TO CONTRACTORS

The Government of RI offered 27 infra-structure projects worth Rp 551.2 trillion. The projects, which were offered within the framework of Government-Private collaboration was a shrunk version of the previous plan numbering 58 projects.

The Minister of Development Planning [BAPENAS] Armida S. Alisjahbana stated that the 2013 list was different from last year’s which included 58 projects based on KPS scheme. This time there was no project which were ready-to-offer; all belonged to the prospective category [have already passed feasibility-study stage] and potential.

“This book is a reference for investors who wish to invest in infra-structure based on KPS scheme. The project which are ready to offer have been mutated. The existing projects are included in the prospective category of 14 projects worth USD 33 billion, and the potential 13 projects worth USD 17 billion” Armida said in Jakarta on Friday [15/11].

There were three types of infra-structure projects in the KPS list this year. According to Armida, in spite of difference they had one thing in common, they yielded income ; but as they were not profitable the Government assisted private companies by giving credit. “All the projects enlisted were yielding and used for the public” Armida said.

The first category were projects which supported connectivity, like harbors and trains. The second category, energy related infra structure such as powerhouses. The third category were urban infra structure like drinking water processing, clean water, sanitation and wastage treatment.

Armida stated that KPS was almost certainly needed infra-strure but not always profitable business wise. “If it’s basic infra structure almost certainly financing would be based on APBN budget” Armida said.

The following are prospective projects in the list of KPS 2013 offer:

1. Manggarai Airport train
2. Integrated Terminal Gedebage, Bandung
3. Revilatizattion of Malioboro dan Tugu Station Yogyakarta
4. Urban Development Banda Aceh
5. Infra Structure Development of Sunda Straits Bridge
6. Bitung Toll Road, Manado
7. Tanjung Priok Toll Road Jakarta
8. Samarinda-Balikpapan Toll Road
9. Betung Toll Road, Palembang
10. Water Supply Pondok Gede, Bekasi
11. South Bali Water Supply
12. Bogor Wastage Treatment  
13. Wastage processing Surakarta
14. Karama Hydro Powerhouse, West Sumatera

The potential project category consisted of the following:  

1. Maloy Harbour, East Kalimantan
2. Harbour expansion Cilamaya, Karawang
3. Tanjung Suah Harbour, Batam
4. Kulon Progo Harbour
5. Coal Railway Muara Enim
6. North Bali Airport building
7. Railway development South Sumatera
8. MRT building Surabaya
9. Bandung Monorail project
10. Dawuan Toll Road, West Java
11. Malang-Pandaan Toll Road
12. Soreang-Pasirkoja Toll Road
13. Drainage Wastage Processing Jakarta

Business News - November 20, 2013

Christian Dior loses BABY DIOR Supreme Court appeal

Luxury goods company Christian Dior has lost a Supreme Court appeal over a trademark case in Indonesia.

The French brand, famed for its range of clothes and perfumes, had complained over the use of the trademark ‘BABY DIOR’, and sought cancellation of the mark.

Its requests were denied by the country’s Commercial Court in capital-city Jakarta, but Christian Dior took the case to the Supreme Court.

The initial decision was upheld in October.

Andrew Diamond, foreign legal consultant at Januar Jahja & Partners, a boutique IP firm in Jakarta, said the Supreme Court’s decision was “troubling” and went against the country’s obligations under the Paris Convention and World Trade Organization TRIPS agreement.

“Based upon the information publicly available, it seems clear that the court should have found that DIOR is a famous mark in Indonesia and afforded it the protection such status warrants and cancelled the defendants' registration,” said Diamond.

The dispute started when Christian Dior discovered the trademark BABY DIOR was registered for and being used in class 12 covering vehicles, predominantly bicycles.

During litigation, the trademark’s owners, Kimsan Purwo and Kiman Purwo, claimed its name had been inspired by a popular Indonesian saying, ‘Benar-benar Ada, Bagus, Yahud, Dia Itu Orang Riang.’

The owners said they were reminded of the saying when they saw children playing with bicycles.

“While the words that make up this supposed phrase are all actual Indonesian words, when put together they are total nonsense and this should have been clear to the Court,” Diamond said.

“It seems apparent that the defendants were looking for anything, no matter how far-fetched, to justify their use of the DIOR name.”

The court ruled that the BABY DIOR trademark was not similar and would not mislead the public as the classes and types of goods differed from Christian Dior’s core business.

Christian Dior has roughly 75 registrations of the DIOR mark and its variations in several classes in Indonesia.

Despite having products for children and newborns called “BABY DIOR”, it has not registered the words as a trademark.

However, Diamond added that brand owners should not be punished just because a trademark was un-registered.

"It's not realistic or practical to expect brand owners to register their marks for a wide range of dissimilar goods in Indonesia," Diamond said.

"Instead, when litigating, brand owners should focus on the preparation and submission of admissible evidence sufficient to carry their burden of proof and demonstrate to the court a proper basis for cancelling the offending registration."

WIPR - November 11, 2013