CHAPTER XIV
CRIMINAL PROVISIONS
Article 90
Whosoever deliberately and without right uses a mark which is similar in its entirety to a registered mark of another party for the same kind of goods and/or services produced and/or traded shall be sentenced to imprisonment for a maximum period of 5 (five) years and/or a fine of a maximum amount of Rp. 1,000,000,000.00 (one billion rupiahs).
Article 91
Whosoever deliberately and without right uses a mark which is similar in its essential part to a registered mark of another party for the same kind of goods and/or services produced and/or traded shall be sentenced to imprisonment for a maximum period of 4 (four) years and/or a fine of a maximum amount of Rp. 800,000,000.00 (eight hundred million rupiahs).
Article 92
(1) Whosoever deliberately and without right uses a mark which is similar in its entirety to a geographical indication of another party for the same kind of registered goods shall be sentenced to imprisonment for a maximum period of 5 (five) years and/or a fine of a maximum amount of Rp. 1,000,000,000.00 (one billion rupiahs).
(2) Whosoever deliberately and without right uses a mark which is similar in its essential part to a geographical indication of another party for the same kind of registered goods shall be sentenced to imprisonment for a maximum period of 4 (four) years and/or a fine of a maximum amount of Rp. 800,000,000.00 (eight hundred million rupiahs).
(3) The representation of actual origin of goods, which result from an infringement, or words, which indicate that the goods concerned are the imitation of registered goods and protected under geographical indication shall not prejudice the applicability of provisions referred to in paragraphs (1) and (2).
Article 93
Any person who deliberately and without right uses a sign which is protected under source of origin of goods or services that are likely to deceive or mislead people as to the origin of the goods or services concerned shall be sentenced to imprisonment for a maximum period of 4 (four) years and/or a fine of a maximum amount of Rp. 800,000,000.00 (eight hundred million rupiahs).
Article 94
(1) Whosoever trades goods and/or services that are known or shall be known as goods and/or services resulted from the infringement as referred
to in Article 90, Article 91, Article 92, and Article 93 shall be sentenced to imprisonment for a maximum period of 1 (one) year and/or a fine of a maximum amount of Rp. 200,000,000.00 (two hundred million rupiahs).
(2) The criminal offences as referred to in paragraph (1) shall be infringement.
Article 95
The criminal offences referred to in Article 90, Article 91, Article 92, Article 93, and Article 94 shall be offence that warrants complaint.