THE STUDY OF THE RELATIONSHIP BETWEEN PATENT LAW AND CIVIL LAW IS SEEN FROM DISPUTE RESOLUTION IN THE MEDIATION STAGE
Patent dispute resolution is currently regulated in Law Number 13 of 2016 concerning Patents, but there are still legal uncertainties, especially rules regarding dispute resolution obligations through mediation as an Alternative to Dispute Resolution pursued by the parties in patent civil cases. This article describes the implementation of the principle of legal certainty in the arrangements regarding the civil settlement of Patent Infringement in the Patent Act and to define a legal theory that can be used to require mediation in the settlement of civil disputes of Patent Infringement for the purpose of legal expediency. Normative juridical and qualitative normative approach methods are used to analyze problems so that the result is that the principle of legal certainty in resolving patent civil disputes has not been implemented in the Patent Law. The mediation stage for the settlement of civil disputes is only as a governing norm, not coercive, so that it only depends on the initiative of the parties will be resolved through alternative dispute resolution including mediation or through the courts. This study discusses the comparison of legal protection against simple patents in the patent law system in Indonesia. The normative juridical research method with a descriptive approach is supported by a theoretical approach, namely by reviewing and reviewing the provisions of Law Number 13 of 2016 concerning Patents with legal theory.
Patent Law, Civil Law, Mediation; Alternative Dispute Resolution