Kurniawan, Shelly (2019) Perbandingan Penyelesaian Sengketa Merek Berdasarkan Undang-Undang Merek Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis Jo. Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa dengan World Intellectual Property Organization Arbitration and Mediation Centre. Dialogia Iuridica, 11 (1). pp. 97-113. ISSN 2085-9945
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Abstract
Dispute resolution does not only have to go through court, it can also resolve by alternative dispute resolution. Alternative dispute resolution regulated in Indonesia through Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution that more diverse than alternative dispute resolution provided by the World Intellectual Property Organization (WIPO) through the WIPO Arbitration and Mediation Centre (WIPO AMC). Alternative dispute resolution in Indonesia can be in consultation, mediation, negotiation, conciliation, arbitration, and expert determination. The WIPO AMC at least provides four option for the alternative dispute resolution, namely mediation, arbitration, expedited arbitration, and expert determination. This research is to compare the alternative dispute resolution in marks dispute resolution jo. The act of alternative dispute resolution and alternative dispute resolution on WIPO AMC. Through the WIPO AMC, it is expected that alternative dispute resolution in Indonesia can be more effective and efficient by implemented steps on WIPO AMC, by implementing an online system and diclosure of information about the estimated costs to be incurred by the parties. Only expedited arbitration that is not explicitly regulated in Act Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, but there are provisions that resemble to expedited arbitration, i.e. a sole arbiter. Dispute resolution which is relatively very suitable to be used this day is using Online Dispute Resolution (ODR) system, so it will be more effective and efficient in time and cost if all the forms of dispute resolution mentioned above are accommodated by the ODR system. BANI have to provide the ODR system by website or application and make the regulations about the system.
| Item Type: | Article |
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| Uncontrolled Keywords: | alternative dispute resolution; comparation; trademarks |
| Subjects: | K Law > K Law (General) |
| Depositing User: | Perpustakaan Maranatha |
| Date Deposited: | 26 Nov 2019 00:39 |
| Last Modified: | 26 Nov 2019 00:39 |
| URI: | http://repository.maranatha.edu/id/eprint/27104 |
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