Justisiari P. Kusumah, the managing partner of K&K Advocates, talks about his passion for helping clients protect their valuable innovations. He is committed to developing specialised expertise that sets him apart in the legal profession, collaborating with various stakeholders to ensure comprehensive asset protection for clients. With a focus on Intellectual Property (IP) law, Kusumah excels in IP litigation and is driven by a profound enthusiasm for implementing creative and innovative strategies to effectively represent clients in court.

 

Can you tell us about a particularly challenging case you've handled and how you were able to achieve a positive outcome for your client?

In 2001, I took on an important role as the lead lawyer in several copyright litigation cases representing the largest software company. The cases were unprecedented in Indonesia, involving the introduction of electronic evidence for the first time before the court. We faced a challenge in explaining the significance and handling of this new evidence to the judges due to its technical complexities. The legal case involved complex disputes related to software licensing discrepancies and the protection of intellectual property rights. Despite these formidable challenges, our diligent efforts and strategic approach led to a successful outcome, culminating in a landmark decision in Indonesian legal history. This case not only secured a significant victory for our client but also established a critical precedent for future interpretations of intellectual property law.

To achieve a positive outcome for my client involved employing several strategic approaches. First, I embraced a creative, out-of-the-box mindset to address the unique challenges of the case. This allowed me to explore unconventional solutions and uncover opportunities that others might have overlooked, ultimately leading to innovative strategies that benefited my client's position. I focused on translating the complex and technical aspects of the case into clear and simple language that was easy for all stakeholders to understand. I simplified legal and technical language to ensure that everyone involved understood the situation, which improved communication and alignment during the legal process. I also conducted thorough research into similar cases worldwide to provide compelling references and legal precedents. This comparative analysis not only strengthened the arguments but also contextualized our position within a broader legal framework, enhancing the credibility and persuasiveness of the case. I utilized visual aids effectively to illustrate different types of software and the specific violations involved. These visuals played a key role in helping stakeholders grasp complex concepts and legal issues by showing them in a clear, visual manner. By leveraging visual tools, I ensured that our arguments were not only clear and persuasive but also accessible and compelling to decision-makers.

What area of law do you specialize in, and what inspired you to focus on this particular field?

I specialize in Intellectual Property (IP) law, focusing particularly on litigation and commercial aspects. My decision to specialize in this field was driven by a passion for helping clients protect their valuable innovation. IP, including inventions, trademarks, copyrights, and trade secrets, plays a crucial role in enhancing clients' success and competitiveness in the marketplace. As an IP lawyer, I am dedicated to developing specialized expertise that sets me apart in the legal profession. This expertise encompasses not only a deep understanding of legal principles but also industry-specific practices and technologies. In addition, handling IP matters involves collaborating with various stakeholders such as IP offices, customs authorities, and regulatory bodies like the Indonesian Food and Drugs Agency. This collaborative approach is essential in navigating the complexities of IP law and ensuring comprehensive protection for clients' assets. By leveraging my specialized knowledge and fostering strong partnerships, I am committed to delivering effective solutions that uphold the integrity of IP rights in Indonesia and beyond. This requires strong people skill, and this is a challenge for me.

Intellectual property (IP) related to protecting innovation and invention inspires me. These are crucial assets that can become invaluable economic resources. I want to be a key part of this protection system. Besides that, IP litigation is always new even when the case is the same. This means I have to approach each case differently, using creative strategies and approaches. I don't just repeat what I worked on before, I have to adapt and find new ways to handle the situation. This flexibility is important because each legal dispute is unique, and what worked in one instance might not work the same way in another. So, I must stay innovative and open-minded, constantly finding fresh approaches to serve their clients effectively in court.

 

 

Throughout your career, what do you consider to be your most significant professional achievement or contribution to the legal community?

Throughout my career, one of my most significant professional achievements has been my involvement in regulation and policy-making in the field of IP. I have actively contributed to shaping laws and regulations that impact IP rights, such as the Indonesian Copyright Law and guidelines issued by the Directorate General of Intellectual Property (DGIP). By participating in these policy-making processes, I have been able to advocate for the interests of IP holders and contribute to the development of a more robust legal framework that supports innovation and creativity in Indonesia. Additionally, I have successfully handled landmark cases that have set important precedents in the field. These cases have not only contributed to the jurisprudence of IP law but have also reinforced the protection of intellectual property rights in Indonesia.

For my achievement, I have been awarded as the most recommended lawyer for Intellectual Property Rights by Asia Pacific Legal 500, World Trademark Review, Chambers Asia, etc. My contributions to the legal community in Indonesia have been significant and varied. In 2017, I served as a member of the Expert Team on Broadcasting Regulations at the Directorate General of Public Information and Communication under the Ministry of Communication and Informatics. Prior to that, from 2012 to 2016, I played a key role as a member of the Expert Team on Intellectual Property Rights (HKI) within the Directorate General of Intellectual Property under the Ministry of Law and Human Rights. I also took the initiative to establish the Intellectual Property Arbitration & Mediation Body (BAM HKI), aiming to promote alternative dispute resolution in intellectual property disputes. Additionally, I have authored several law books specifically for law students, contributing to the enhancement of legal education and knowledge dissemination within the field. These efforts reflect my commitment to advancing legal frameworks and expertise in intellectual property law in Indonesia.