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Anti-counterfeiting manufacturers Indonesia strategies have moved to the top of the boardroom agenda in 2026, driven by a visible surge in public enforcement and strengthened online enforcement rules. The high-profile Timken counterfeit bearings litigation has put automotive and industrial parts counterfeiting back in national headlines, and manufacturers can no longer treat the risk as a tolerable cost of doing business. This article delivers a practical, lawyer-led playbook: how to detect counterfeits, lock down supply chains, choose product authentication technology, run raids and customs holds, preserve evidence, and decide between civil, criminal and border enforcement. It is written for in-house counsel, compliance leads, operations managers and procurement teams at domestic and multinational parts companies operating in Indonesia.
TL;DR playbook:
This article is general information and not legal advice. Facts of any referenced case are presented neutrally. For matter-specific advice, consult qualified Indonesian counsel.
For automotive and industrial parts companies, counterfeiting is not simply a revenue leak, it is a product-safety and liability exposure that can reach the end user. A counterfeit bearing, brake component, filter or electrical part that fails in service can cause accidents, equipment damage and injury. Even where the genuine manufacturer had nothing to do with the fake, the brand carries the reputational damage and may face warranty claims, recall pressure and regulatory scrutiny. This is precisely why anti-counterfeiting manufacturers Indonesia programmes must be treated as a safety and governance function, not just a legal one.
The commercial harms compound quickly. Counterfeit parts erode aftermarket margins, where genuine manufacturers often earn their highest returns. They distort pricing, train customers to expect cheaper alternatives, and corrode trust in authorised distribution channels. The Timken counterfeit case, covered in national media, illustrates how organised counterfeiting of industrial components can reach significant scale before being disrupted, and how coordinated civil, criminal and customs action can respond. You can read the A&CO Law Office, Timken counterfeit case coverage for applied context.
Understanding how fakes reach the market is the foundation of any detection plan. The principal routes include:
Counterfeits of automotive parts leave recognisable fingerprints. Train your field and procurement teams to capture and record:
Indonesia provides three complementary enforcement routes: civil action through the courts, criminal reporting and investigation, and border measures administered by customs. A strong anti-counterfeiting manufacturers Indonesia strategy will treat these not as alternatives but as instruments to be combined according to objectives, evidence and timing.
The primary statutory basis for trademark protection is Law No. 20 of 2016 on Trademarks and Geographical Indications. The law governs the registration, scope and enforcement of trademark rights and sets out the civil and criminal consequences of infringement, including counterfeiting of registered marks. Industrial designs are separately protected under Law No. 31 of 2000 on Industrial Designs. Registration with the Directorate General of Intellectual Property (DGIP) is the gateway to enforcement: a registered mark gives the owner standing to pursue civil remedies, to support criminal complaints, and to record rights for customs intervention. For automotive and industrial parts, protecting word marks, device marks and, where relevant, industrial designs gives the broadest coverage of the physical product and its packaging.
Counterfeiting of registered trademarks can be pursued as a criminal matter. Under Law No. 20 of 2016, trademark offences are generally treated as complaint-based offences, meaning enforcement typically begins with a complaint from the rights holder. Manufacturers file a complaint with the Indonesian National Police (POLRI), who investigate, and may conduct raids and seizures of infringing goods and production equipment. Criminal enforcement has a strong deterrent effect because it can lead to arrests, prosecution and the penalties provided under the Trademark Law. It is particularly effective against organised local manufacturing operations and distribution hubs, where disruption of the supply source matters more than monetary recovery.
The Directorate General of Customs and Excise (Bea Cukai) administers border measures that allow suspected infringing goods to be detained at the point of import or export, in accordance with the Customs Law and its implementing regulations. Rights holders should record their IP with customs (where a recordal mechanism is available) and engage with the authorities so that officers can identify and hold suspicious consignments. Border enforcement is an efficient way to stop counterfeit imports before they fragment across the domestic market, where they become far harder and costlier to trace.
Civil proceedings allow a rights holder to seek orders to stop infringing conduct and to claim damages for losses caused by counterfeiting. Trademark infringement claims are generally heard before the Commercial Court (Pengadilan Niaga). Civil action gives the manufacturer control over the strategy and remedy, and is well suited where the objective is to secure a binding order against a known defendant, recover compensation, or establish a precedent that discourages others. In practice, manufacturers frequently run civil and criminal tracks in parallel, using criminal seizures to generate evidence and leverage while pursuing civil remedies.
| Enforcement route | Legal basis | Typical remedy | Speed | Evidence standard | When manufacturers should use it |
|---|---|---|---|---|---|
| Civil | Law No. 20/2016 (Trademarks & GIs); Commercial Court | Injunction, damages, destruction of goods | Moderate to slow | Documentary and expert proof required | When you want a binding order, compensation, or precedent against an identifiable defendant |
| Criminal | Law No. 20/2016; POLRI investigation (complaint-based) | Raids, seizures, arrests, prosecution, penalties | Variable; raids can be fast once a complaint is accepted | Evidence sufficient to justify police action and prosecution | Against organised or repeat counterfeiters where deterrence and source disruption matter |
| Customs | Customs Law and implementing regulations; IP recordal where available | Detention and hold of suspected infringing goods | Fast at the border | Reasonable suspicion supported by recorded rights | To intercept counterfeit imports before they enter domestic distribution |
Enforcement only works when you find the counterfeits. A disciplined anti-counterfeiting manufacturers Indonesia programme builds detection into routine operations rather than reacting to crises. Detection combines active investigation with passive monitoring, and the best programmes assign clear ownership for each channel.
Market surveillance means systematic checking of physical sales channels, distributors, independent workshops, spare-parts markets and trade fairs. Practical tactics include:
Counterfeit automotive parts are heavily traded online, and monitoring the major marketplaces and social channels is now essential. Build a repeatable process:
The World Intellectual Property Organization (WIPO) publishes practical guidance on online enforcement and evidence methodologies that manufacturers can adapt to their monitoring workflow.
Many counterfeits enter through the supply chain itself, through sub-tier suppliers, unauthorised sub-contracting, or components diverted from legitimate production. Vet and audit vendors with the same rigour you apply to quality control. Verify the identity and capacity of each supplier, require traceability data for components, and conduct unannounced audits where contracts allow. When counterfeit product is traced back to a specific supplier, preserve that evidence carefully, it is often the single most valuable input to an enforcement action.
When to call counsel: engage experienced IP counsel at the point you identify a credible counterfeit source, not after. Early legal involvement protects privilege, ensures evidence is gathered admissibly, and keeps urgent remedies such as injunctions and raids on the table.
Product authentication gives manufacturers, distributors, customers and enforcement authorities a reliable way to tell genuine from fake. Choosing the right technology is a cost, scale and integration decision as much as a security one. The goal is an authentication layer that is hard to copy, cheap enough to apply at volume, and easy to verify in the field.
Treat authentication as a staged rollout. Pilot on a high-risk or high-value product line, measure counterfeit detection and customer adoption, then scale. Integrate authentication with warranty registration so that a scan both verifies authenticity and activates the warranty, this incentivises customers to check genuineness and generates data on where fakes surface. Supplier integration matters: codes must be applied reliably on the production line, and the verification database must be maintained and secured.
Authentication systems that capture scan locations or customer data must respect Indonesian data-protection requirements, including Law No. 27 of 2022 on Personal Data Protection. Design the system to collect only what you need, be transparent about data use, and secure the verification database against tampering. The authentication record should itself be defensible as evidence, so build logging and access controls from the outset.
Prevention is cheaper than enforcement, and the contract is the manufacturer’s most powerful preventive tool. Distributor, reseller and OEM agreements should be drafted so that counterfeiting is a defined breach with clear consequences, and so that the manufacturer has the rights it needs to investigate and act.
For OEM and manufacturing relationships, go further. Require traceability data for every component batch, prohibit unauthorised sub-contracting, and reserve ownership of any tooling, moulds and dies to prevent them being used to produce unmarked copies. In distributor agreements, restrict sourcing to approved channels, require that product is sold in original packaging with authentication features intact, and link warranty forensic procedures to the contract so that failed parts can be tested and traced.
Define exactly what happens when counterfeiting is suspected: who must be notified, within what time, what evidence must be preserved, and what cooperation the counterparty must provide to any investigation or enforcement action. A clear notice and cooperation mechanism turns your distribution network into an early-warning system rather than a liability.
Sample clause (redline-ready): “The Distributor shall not manufacture, source, stock, offer or sell any product bearing the Marks other than genuine Products supplied by or on behalf of the Supplier. The Distributor shall notify the Supplier in writing within 48 hours of becoming aware of any suspected counterfeit, grey-market or infringing goods, shall preserve all related evidence, and shall cooperate fully with any investigation or enforcement action. Breach of this clause shall constitute a material breach entitling the Supplier to terminate this Agreement immediately and to recover all resulting losses and enforcement costs under the indemnity in Clause [X].”
Counsel should draft or approve these clauses so they are enforceable under Indonesian law and aligned with your enforcement strategy.
When detection confirms a counterfeiting operation, execution is everything. A well-run action preserves evidence, maximises disruption and withstands later legal challenge. A poorly prepared one tips off the counterfeiter, loses evidence and can expose the manufacturer to counterclaims. The following chronological playbook sets out the decision checkpoints for a serious enforcement action.
Before any action, assemble the evidentiary foundation: registered rights (DGIP certificates), documented counterfeit samples, test purchases, supplier and seller identities, and expert comparison reports confirming the goods are not genuine. Consider whether to seek urgent remedies to prevent evidence being destroyed or goods being moved. Decide at this stage whether the action will be criminal, civil, customs-led, or a combination, because that determines who you work with and what you file.
Professional investigators can confirm locations, stock volumes and operating patterns discreetly, producing the intelligence needed to justify police action. Once the evidence package is ready, file a criminal complaint with POLRI. Police can then investigate and conduct raids and seizures of counterfeit goods, packaging and production equipment. Coordination is critical: the manufacturer’s counsel and technical experts should be available to help officers identify genuine versus counterfeit product during the raid.
Where counterfeits are being imported, work with Bea Cukai to detain suspect consignments at the border. Ensure your rights are recorded and that customs has the reference material to recognise your genuine products. A border hold stops a shipment before it disperses, and the detained goods and import documentation become valuable evidence of the supply route.
Through civil proceedings, manufacturers can seek orders to stop infringing activity and, where appropriate, to preserve evidence and goods. The availability and form of urgent relief should be assessed by counsel against the specific facts; the objective is to prevent ongoing harm and secure the position while the substantive case proceeds.
After a seizure, the integrity of the evidence determines the strength of the case. Document every item seized, photograph it in situ, record who handled it and when, and store samples securely. Send representative samples for forensic comparison against genuine parts, and record the testing methodology and results. A clean chain of custody from seizure to court is what separates a conviction or judgment from a dismissed case.
Throughout this process, expert human judgment is irreplaceable. Automated monitoring can surface suspects, but the sequencing of criminal, civil and customs steps, the handling of evidence, and the dealings with police and the courts require experienced counsel.
Evidence preservation is the discipline that underpins every enforcement route. The strongest legal strategy fails if the evidence is incomplete, undated or mishandled. Build a standard evidence pack and train everyone who might encounter a counterfeit to follow it.
Core evidence to collect and preserve:
Online evidence is fragile, listings are edited or deleted. Capture the full listing, seller profile, price, and the URL with a visible timestamp, and preserve the original files rather than relying on later re-captures. Keep a log of every takedown notice sent and every platform response, as this record demonstrates both the scale of the problem and the seller’s persistence.
For physical samples, label each item uniquely, record who collected it, from where and when, and document every subsequent transfer and storage location. Where expert testing is required, record how the sample travelled to the laboratory and back. This discipline helps ensure the evidence is admissible and persuasive, whether before police, customs or the courts.
The right external counsel is the difference between a programme that disrupts counterfeiters and one that merely documents them. Selecting counsel for anti-counterfeiting manufacturers Indonesia work requires looking beyond general IP credentials to the specific blend of skills that enforcement demands.
Selection criteria to apply:
The Indonesian Advocates Association (PERADI) is a reference point when verifying advocate credentials and seeking local referrals. When briefing counsel, provide a clear statement of objectives, a summary of the evidence, and the budget and fee model, whether fixed fee for discrete tasks, hourly for litigation, or blended. Agree measurable KPIs such as time-to-takedown, number of seizures achieved, and injunctions secured, so performance can be tracked. For a wider overview, consult the Intellectual Property Lawyer Indonesia, Essential Guide (GLE).
Turn strategy into a timeline. The plan below sequences immediate response, short-term build and medium-term prevention for manufacturers starting or strengthening an anti-counterfeiting programme.
Templates to support each phase, an evidence preservation checklist, a sample marketplace takedown notice, a sample distributor anti-counterfeiting clause and a 30/90/180 day action plan, can be developed with your counsel.
For anti-counterfeiting manufacturers Indonesia programmes, 2026 is the year to move from passive tolerance to active protection. The combination of heightened public enforcement, the visibility of cases like Timken, and strengthened online enforcement practices means that manufacturers who register and record their rights, authenticate their products, contract defensively and enforce decisively can meaningfully disrupt counterfeiters. The playbook is clear: detect early, preserve evidence rigorously, choose the right enforcement route, and brief counsel who combine litigation, customs and criminal experience. If your business relies on the integrity of automotive or industrial parts, now is the time to act, contact qualified Indonesian IP counsel to build or strengthen your anti-counterfeiting strategy.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Ardhiyasa Suratman at A&CO Law Office, a member of the Global Law Experts network.
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