The Potential of Alternative Dispute Resolution in Intellectual Property: Patents in Japan and Indonesia

DOI

10.2991/978-2-38476-218-7_22How to use a DOI?

Keywords

arbitration; intellectual property; intellectual property disputes; mediation

Abstract

An increase in records and registrations, as well as a rise in intellectual property conflicts, are indicators of a growing economy. The use of litigation to settle these conflicts is rarely recommended by business practitioners since it frequently results in lengthy proceedings, high expenses, and a win-lose outcome. This study aims to investigate the causes of the increase in intellectual property registrations and records, the rise in connected conflicts, and the need for improving fast resolution procedures through non-litigation methods. This study examines whether non-litigation settlement procedures can settle intellectual property issues in Indonesia as well as how well they function there. Both qualitative and normative juridical methods are used in this study. This study also looks at the arbitrability and mediation of intellectual property issues in other nations using comparative legal sources from the USA, Japan, and the World Intellectual Property Organization (WIPO). The results of this study show that the rate of non-litigation dispute resolution is comparatively high in many developed countries. But this trend is not yet clearly visible in large numbers in Indonesia.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Joko Sulistyono
AU  - I Gusti Ayu Ketut Rahmi Handayani
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/02/22
TI  - The Potential of Alternative Dispute Resolution in Intellectual Property: Patents in Japan and Indonesia
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 140
EP  - 147
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_22
DO  - 10.2991/978-2-38476-218-7_22
ID  - Sulistyono2024
ER  -