ANALISIS KEWENANGAN PENGADILAN NEGERI DAN PENGADILAN NIAGA DALAM PENYELESAIAN SENGKETA HAK KEKAYAAN INTELEKTUAL

Abstract

Intellectual Property Rights (IPR) are legal instruments that provide protection for the outcomes of human creativity and innovation. Within the Indonesian legal system, the resolution of intellectual property disputes is not conducted through a single uniform judicial forum. Most IPR disputes fall under jurisdiction of the Commercial Court, while disputes concerning Trade Secrets and Plant Variety Protection (PVT) remain under the jurisdiction of the District Court. This dualism in dispute resolution forums has the potential to affect legal certainty and the effectivenessof IPR. This study aims to analyze the legal basis for the jurisdiction of the District Court and the Commercial Court ini resolving intellectual property disputes, as well as to examine the implications of this dualism of jurisdiction. The research employs a normative juridicial method usung statutory and conceptual approaches. The findings indicate that the difference in jurisdiction originates. The Commercial Court is granted authority to adjudicate certain intellectual propertu disputes due to their characteristics, which require expedited proceedings and judges with specialized expertise. In contrast, disputes concerning Trade Secrets and PVT remain within the competence of the District Court. Therefore, regulatory harmonization is necessary to establish a more integrated intellectual property dispute resolution system and enhance legal certainty.

Keywords: Intellectual Property Rights, District Court, Commercial Court, Judicial Juristiction, Intelellectual Property Disputes.