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International Journal of
Law
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VOL. 6, ISSUE 4 (2020)
Optimalization of resolution of trademark disputes through arbitration in Indonesia
Authors
Nur Laeli Sukesti Ariani Nasution, Esti Ningrum
Abstract
In Indonesia, the general court is still the main choice for a person or company in resolving trademark disputes. In fact, altough there are other alternatives to resolve business disputes related to trademarks, namely through the National Arbitration Board (BAN), it is often not used despite the fact that dispute resolution through arbitration is more effective and efficient in resolving trademark disputes.Despite the fact that Arbitration is said to be more effective, its application in Indonesia through BANI is still not optimal because the costs are much higher than dispute resolution through court channels. this problem according to the author are interesting to study further as a main problem discussed using a normative research with descriptive research type. The approach to the problem used is an applied normative approach with the type of judicial case study. The data used are secondary data consisting of primary, secondary and tertiary legal materials. Research Shows that the Institute for Arbitration and Mediation of Intellectual Property Rights (BAM HKI) domiciled in Jakarta provides adjudicative dispute resolution services. Arbitration must be optimized as the main choice in resolving business disputes because the existence of arbitration has a positive (needed) effect on efforts to resolve disputes over Intellectual Property Rights, especially regarding Trademark disputes, which have been accommodated well in terms of Legal Structure, Legal Substance, and Legal Culture. Apart from the fact that the settlement process is fast, cheap and effective, arbitration is also held behind closed doors, because the arbitration is only attended by the litigant parties. Thus, trade disputes are more confidential in nature. It is different from dispute resolution through judicial channels which are open to the public. Described in Article 6 of Law no. As explained in Article 6 of Law no. 30 of 1999 Efforts to resolve disputes or differences of opinion through a mediator by upholding confidentiality as the advantages of arbitration in terms of procedural law are its flexibility though it must still remain within the corridor of law.
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Pages:256-260
How to cite this article:
Nur Laeli Sukesti Ariani Nasution, Esti Ningrum "Optimalization of resolution of trademark disputes through arbitration in Indonesia". International Journal of Law, Vol 6, Issue 4, 2020, Pages 256-260
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