ARBITRASE ALTERNATIF PENYELESAIAN SENGKETA DALAM HAK MEREK

The purpose of this study is to analyze and explain arbitration can be used as an alternative to the settlement of brand rights disputes and explain the procedure of settling the rights dispute through arbitration. The method used is normative juridical with approach of legislation and conceptual approach. the results of research indicate that based on Law No. 20 of 2016 on Trademarks and Geographical Indications, the settlement of brand disputes can not only be resolved through a lawsuit in a commercial court, but can also be resolved through arbitration as well as alternative dispute resolution. Where previously the parties had to make a written agreement or agreement to choose arbitration as a dispute resolution forum. the procedure of the permit arbitration is that the applicant must first notify the Respondent that the dispute will be settled through the arbitration line. This letter of notice shall be given in writing and contains complete information as stipulated in Law no. 39 Concerning Arbitration Article 8 paragraph (1) and paragraph (2). Then Once the application file is registered, the BANI Governing Body shall examine and decide whether BANI is authorized to conduct a dispute hearing, the Secretariat shall prepare copies of the applicant's arbitration petition and other attachment documents and submit to the Respondent. Within 30 days, the Respondent must submit his / her response to BANI to be submitted to the Assembly and the Petitioner. In the event that the Respondent intends to file a counter-claim (reconvention), then the claim may also be submitted simultaneously with the submission of a letter of reply. Then proceed the arbitration process. Keywords: Arbitration, dispute resolution, brand rights