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Alternative Dispute Resolution Forum for Intellectual Property Rights (BAM-HKI)

Since April 2011, Indonesia finally has a new institution on alternative dispute resolution forum for intellectual property rights (IPR) disputes, namely Arbitration and Mediation Board for Intellectual Property Rights (BAM HKI). BAM HKI’s presence is expected to enrich the differentiation of arbitration body in Indonesia, which previously only consisted of Indonesian National Board of Arbitration (BANI), Indonesian Capital Market Arbitration Board (BAPMI) and National Sharia Arbitration Board (BASYARNAS). 
IPR arbitration which was initiated by nine people, consisting of IPR’s practitioners and academics and supported by 15 (fifteen) business associations, was formed with the expectation to become an alternative settlement for people seeking justice and legal certainty in respect to IPR disputes. In International forum, IPR arbitration has previously been known with the establishment of the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center in 1994, with headquarters in Geneva, Switzerland.
 
Before BAM HKI was established, IPR disputes could be settled through Commercial Court or BANI. However, during that time, the settlement through those forums has not fulfilled the needs of justice seeker in IPR. The settlement through the court which tends to be long and costly as well as with the lack of understanding of the judges in IPR also become the main constraints for the justice seeker who want a quick dispute settlement and satisfy the justice. On the other hand, the dispute settlement through BAM HKI which upholds the principle of confidentiality and with quick examination and supported by the availability of arbitrators who are experts in IPR become the advantages for people who want their case examined in quickly but do not want to open the case in the public.
 
In addition to sociological reasons, the establishment of BAM HKI is also mandated by IPR related laws. The laws and regulations as the legal basis on the establishment of BAM HKI are, among others, Copyright Law (Law No 19/2002), Trademark Law (Law No 15/2001), Trade Secret Law (Law No 30/2000), Patent Law (Law No 14/2001), Industrial Design Law (Law No 31/2000), the Plant Variety Protection Law (Law No 29/2000), Layout Design of IC Law (Law No 32/2000), which explicitly mandates the dispute settlement through arbitration and alternative dispute resolution, Law No. 7 Year 1994 concerning Ratification of Agreement Establishing the World Trade Organization and Law No. 30 Year 1999 concerning Arbitration and Alternative Dispute Resolution (Law No 30/1999).
 
Pursuant to the laws and regulations above, BAM HKI is authorized to receive, examine, and decide disputes relating to the following areas: (i) patents, (ii) trademarks, (iii) geographical indications, (iv) copyrights, (v) industrial designs, (vi) layout-designs of integrated circuits, (vii) trade secrets, (viii) plant varieties and (ix) other fields related to IPR. In respect to the judicial procedure in BAM HKI, there is no difference with the applicable procedures in BANI, since the judicial procedure in BAM HKI also refers to the Law 30/1999.
With its advantages, BAM HKI’s presence is expected to be one of the alternative dispute resolution forums for people who seeking justice and legal certainty, especially in the field of IPR.
 
 
 
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