The Law and Human Rights Ministry has said that it is prioritizing mediation in resolving intellectual property disputes.
Coordinator for dispute prevention and resolution at the ministry, Achmad Rifadi, cited mediation as an efficient, affordable, and simple solution to address such disputes.
“We have intellectual properties which focus on creation, not through law enforcement,” Rifadi said at a seminar in Yogyakarta, which was accessed from here on Friday.
One of the tasks of the Directorate of Investigation and Dispute Resolution at the ministry is to mediate intellectual property disputes.
This has been stipulated in Article 95 Section 4 of Law Number 28 of 2014 about Copyrights and Article 154 of Law Number 13 of 2016 about Patents.
Rifadi said that the Law and Human Rights Ministry mediates in accordance with issued requests and reports.
After a party requests mediation, the ministry conducts a pre-mediation process in order to get to the root of the problem, he elaborated.
Afterward, the two conflicting parties are brought together to meet and encouraged to reach an agreement.
Other methods that could be used as alternatives for resolving intellectual property issues include arbitration and reconciliation, he informed.
However, mediation cannot be used to resolve disputes related to branding and design.
“Legal proceedings with regard to brands and industrial designs can be done without mediation,” Rifadi said.
Under Law Number 31 of 2000 about Industrial Designs and Law Number 20 of 2016 about Brand and Geographic Indicators, mediation has not been set as a way to resolve related disputes, he added.
Source: Antara News