TINJAUAN YURIDIS TERHADAP MEDIASI SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA KEKAYAAN INTELEKTUAL

Abstract

: Protection of intellectual property rights are growing very rapidly. Various forms of settlement of disputes in the field of intellectual property were then present to support the creation of legal protection for holders of intellectual property rights in Indonesia. Exclusive rights owned by creators, inventors and designers are often misused without rights by others for personal gain by gaining economic benefits. This article aims to determine the settlement of disputes in the field of intellectual property and to find out the forms of mediation that can be chosen or used in resolving intellectual property disputes. The research method used in this writing this article is uses normative legal research. The results of the study indicate that the regulation of dispute resolution in court is done by filing a lawsuit in the commercial court and carrying out criminal prosecution in the general court. Arbitration can also be selected as a medium for resolving intellectual property disputes. Besides negotiations, conciliation and mediation are some alternative forms of dispute resolution that can be chosen in resolving intellectual property disputes. The form of mediation referred is voluntary mediation (outside the court) and reasoning mediation in criminal charges