Intellectual Property Rights (IPR) Dispute Resolution

Republic of Indonesia who have participated as a WTO member must adjust all the regulatory legislation in the field of intellectual property rights (IPR) with standard TRIP's (Trade Related Aspects of Intellectu Property Rights) ang started in 1997 and then updated in 2000 and 2001 . Right now the competent authority in the management of IPR in Indonesia is the Directorate General of Intellectual Property Rights (DG IPR) under the Ministry of Justice and Human Rights.On IPR issues will touch upon various aspects such as aspects of technology, industry, sosbud and various other aspects. But the most important aspect is the aspect of law / legal protection. Laws should be able to provide protection for intellectual property so as to develop the creative ability of the community that eventually led to the successful goal of IPR protection.IPR can be divided basically into two categories, namely copyright and industrial property rights(Patents, trademarks, industrial designs, integrated circuit layout Desai, trade secrets and plant varieties).
IPR Dispute Settlement
IPR disputes arise when there is a violation of the ownership of IPR by the other party, that is using or use it unlawfully without consentowners. In Indonesia a lot of IPR violations.Basically the IPR dispute settlement can be done through litigation (judicial institutions-in this case Commerce Judiciary and Judicial Affairs) and through non-litigation (ADR).

1. IPR Dispute Settlement Through the Commercial Court    Under the provisions of Article 280 of Law No. 4 of 1998 on Bankruptcy competence of the Commercial
    Court is essentially to examine and decide matters:a. Application for declaration of bankruptcyb. Application for postponement of debt payment obligationsc. Another case in the field of commerce that ruling, made by Regulation    Government IPR is based on the explanation of Article 66 of Law No. 30 of 1999 falls within the scope of
    trade or commerce.
2. IPR Dispute Settlement Through the Court    Given not all there is established a Commercial Court, the Court can be used to settle IPR dispute cases.    
    Ordinances and procedures refer to the civil procedural law provisions.
3. Through IPR Dispute Resolution ADR    As discussed in any part of the previous, except through the judiciary, IPR disputes can be resolved  
    through ADR. The most common ADR is by way of negotiation, mediation, conciliation and arbitration  
    (national or international arbitration - the WIPO (World Intellectual Property Organization).