|Type of property and law||Validity||International Agreements Signed|
Law No. 14 regarding Patents August 1, 2001
Patent Cooperation Treaty (PCT)
Law n°15 concerning trademarks 1 August 2001
Trademark Law Treaty
Law No. 31 regarding Industrial Designs December 20, 2000
Law n°19 regarding copyright 29 July 2002
Berne convention For the Protection of Literary and Artistic Works
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Law n°31 regarding industrial designs 20 December 2000
|Penal Code||Criminal law|
|Civil Code||Contract law|
|Commercial Code||Commercial law|
|Mahkamah Agung (Supreme Court)||The highest legal authority (above the Tribunal of Commerce, the Religious Tribunal, the Military Tribunal, the State Administrative Tribunal)|
|Pengadilan Tinggi (Court of Appeal)||District court of appeal (about 20)|
|Pengadilan Negeri (County court)||County court (about 250)|
|Pengadilan Niaga (Tribunal of commerce)||Bankruptcy, insolvency, commercial disputes|
|Pengadilan Tata usaha negara (State Administrative Tribunal)||Administrative disputes against the government|
|Mahkamah Konstitusi (Constitutional Court)||Constitutionality, elections, dissolving political parties|
If there is only one, the plaintiff can suggest to the President of the Arbitration Tribunal one or several people who correspond to the necessary criteria to be arbitrators. If the respondent accepts the plaintiff's candidate, with the President's agreement this person will be designated sole arbitrator. If none of the candidates suggested by the plaintiff suits the respondent, either the parties agree to form a Tribunal of three arbitrators, or the President designates an individual.
If the Tribunal is made up of three arbitrators, one is appointed by each of the parties, and the President appoints an arbitrator (from the official list) to preside over the Tribunal, taking into account the preferences of the parties.
If there are more than two parties, the plaintiffs are considered to be a sole plaintiff, and the respondents considered to be a sole respondent. If the parties do not agree on the choice of their respective arbitrators, the choice is left to the President to designate more than three arbitrators if the complexity of the case requires it.
The Tribunal encourages an amicable resolution of the dispute, and provides assistance if necessary. If an amicable agreement can be obtained, the Tribunal writes a memorandum which has the same force as an arbitration ruling.
If no agreement is reached, the procedure continues. If the plaintiff does not attend the first hearing without a legitimate reason, the Tribunal can cancel the request for arbitration. If the respondent does not attend or does not submit his written defense, after two reminders the Tribunal can give its decision on the basis of arguments and evidence provided by the plaintiff.
After the conclusions of the hearing have been given, the President of the Tribunal decides on a hearing to give his final decision, which must be delivered within thirty days of the hearing, unless a longer period of time is justified. The final decision is binding. The Tribunal can set a deadline for the loser to carry out the decision, and lay down penalties if it is not carried out.
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Latest Update: September 2023