Patent disputes are a prominent area within Indonesia’s intellectual property (IP) landscape. As exclusive rights granted by the state to inventors, patents hold considerable strategic and commercial value. Infringements or ownership disagreements can trigger complex legal conflicts that demand structured and reliable resolution.
To provide legal certainty and protect patent holders’ interests, Indonesia’s latest legal reform — Law No. 65/2024, amending Law No. 13/2016 on Patents (Patent Law),— outlines a dual-track dispute resolution framework: litigation through the Commercial Court, and alternative dispute resolution (ADR) mechanisms such as mediation, arbitration, and negotiation.
Legal Pathways for Patent Dispute Resolution
Patent disputes in Indonesia can be addressed through two primary avenues: litigation through the Commercial Court, or non-litigation dispute resolution methods..
- Litigation: Commercial Court Proceedings
Litigation involves taking the dispute to court. A patent holder who believes their rights have been violated may file a lawsuit with the Commercial Court, which has jurisdiction over intellectual property matters, including patents.
According to article 143 paragraph 1 of Law No. 13/2016,
“The patent holder or licensee shall be entitled to file a claim for damages with the Commercial Court against any person who, intentionally and without rights, commits the acts referred to in Article 19 paragraph 1.”
Who Can File?
Under Article 143 paragraph 1 of the Patent Law, patent holders or licensees have the right to file a lawsuit in the Commercial Court against any party who intentionally and unlawfully uses their patent.
Types of Claims:
- Damages for infringement;
- Injunctive relief to stop the infringing acts;
- A declaration on rightful ownership of the patent.
Legal Procedure:
- Filing the lawsuit at the Commercial Court;
- Administrative screening of submitted documents;
- Hearing schedule is confirmed upon validation;
- Court sessions proceed in stages:
- Claim presentation,
- Defendant’s response,
- Rebuttals,
- Evidence (documents, witnesses, experts),
- Closing statements,
- Final judgment.
- Non-Court Mechanisms
Non-litigation options—such as arbitration and alternative dispute resolution (ADR)—are increasingly popular due to their flexibility, confidentiality, and often faster timelines.
Article 153 paragraph 1 and paragraph 2 of the Patent Law stipulates:
“Apart from the litigation process as referred to in Article 143, parties may resolve disputes through arbitration or other alternative dispute resolution mechanisms; such processes must comply with the prevailing laws and regulations.”
ADR methods may be especially suitable in cases involving international stakeholders, cross-border licensing, or ongoing business relationships.
ADR methods are legally recognized and can be chosen based on the nature of the dispute and the preferences of the parties involved.
- Mediation
Mediation is a facilitated negotiation process involving a neutral third party (mediator). Although governed by Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Court (PerMA No. 1/2016), it may also be conducted outside the judiciary in a private setting.
- Arbitration
Arbitration offers binding resolution through an arbitrator or an arbitral institution such as the Indonesian National Board of Arbitration (BANI). Intellectual Property arbitration is supported under Law No. 30/1999 on Arbitration and Alternative Dispute Resolution.
- Direct Negotiation
This method allows disputing parties to resolve matters through direct discussion, without involving third-party facilitators or institutions.
Understanding both litigation and ADR pathways is essential for rights holders, foreign investors, and IP practitioners operating in Indonesia. Whether enforcing rights, challenging infringement, or resolving licensing conflicts, selecting the appropriate mechanism depends on the dispute’s complexity and desired outcomes.***
This article is for informational purposes only and does not constitute legal advice. Parties facing IP disputes are encouraged to consult with registered IP consultants at SIP-R for expert advice on Indonesian patent law and representation
Regulations:
- Undang-Undang Nomor 65 Tahun 2024 tentang Perubahan Ketiga Atas Undang-Undang Nomor 13 Tahun 2016 tentang Paten (“UU Paten”).
- Undang-Undang Nomor 13 Tahun 2016 tentang Paten (“UU 13/2016”).
- Peraturan Mahkamah Agung Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan (“PerMA 1/2016”).
- Undang-Undang Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa (“UU 30/1999”).
References:
- Aset Tak Berwujud Pengertian Karakteristik dan Jenisnya. Kompas.com. (Diakses pada 22 Mei 2025 pukul 11.30 WIB).
- Mawu, J. V. (2017). Penyelesaian Sengketa Hak Paten Menurut Undang-Undang Nomor 13 Tahun 2016 Tentang Paten. Jurnal Lex et Societatis, V(7), 1–14. (Diakses pada 22 Mei 2025 pukul 12.45 WIB).
- Mekanisme Penyelesaian Sengketa Kekayaan Intelektual. Hukumonline. (Diakses pada 22 Mei 2025 pukul 12.47 WIB).