Trademark Infringement in Online Marketplace: The Latest Development of Indonesian Law and Practices on the Marketplace Providers’ Liability

The massive development of e-commerce provides various ways for people to conduct transactions. People argue that e-commerce creates an efficient, borderless, reliable, and convenient means of conducting transactions. Therefore, e-commerce users, as well as Electronic System Providers (ESP), will increase significantly in the coming years. However, numerous problem subsequently emerge, such as determining liability for both the ESP and the merchant to guarantee and secure fundamental intellectual rights, specifically in trademark infringement cases. To resolve this issue, the Government of Indonesia established a policy under Ministry of Communication and Information, named the Safe Harbor Policy. Furthermore, this article will analyze the regulation and factual cases of trademark infringement in depth by taking the relevant example in Indonesia as well in the international community.