OUT OF COURT INTELLECTUAL PROPERTY RIGHT DISPUTE RESOLUTION, WHY STILL NOT SUCCEED?
DEWI SULISTIANINGSIH and M. SHIDQON PRABOWO
FACULTY OF LAW, UNIVERSITAS NEGERI SEMARANG
FACULTY OF LAW, WAHID HASYIM UNIVERSITY
Abstract
Intellectual property disputes can include copyright, trademark, patent, industrial design rights, geographical indicative rights, integrated circuit layout design, and crop variety disputes. They require appropriate resolution and provide not only legal certainty but also provide justice and expediency for the disputing parties. The disputes can be resolved through litigation (court) and non-litigation (arbitration and alternative dispute resolution). Both the dispute resolutions, in and out of court, have their respective advantages and disadvantages. Out of court resolution becomes an alternative solution for the disputing parties knowing all of its advantages compared to dispute resolution through a court. The arbitration and alternative intellectual property right dispute resolutions have their own challenges considering that they are new compared to that carried out in court. The institutions that are assigned to handle intellectual property rights disputes in Indonesia are the Indonesian National Arbitration Board (BANI) and the Arbitration and Mediation Board of Intellectual Property Rights (BAM HKI). Both of them have the authority to resolve intellectual property disputes out of court. Businesses in Indonesia currently do not fully understand the importance and urgency of resolving intellectual property rights disputes through BANI or BAM HKI. Moreover, the institutions still have limited authority to resolve intellectual property rights disputes.
Keywords: Alternative Dispute Resolution; Arbitration; Intellectual Property; Indonesia
Topic: Law