Title: Issues, implications, and formulations regarding the compensation for copyright infringement in Indonesia Commercial Court

Authors: Budi Agus Riswandi

Addresses: Faculty of Law, Universitas Islam Indonesia, Yogyakarta, Indonesia

Abstract: In the practice of the Indonesian Commercial Court, claims for copyright infringement and compensation through the Commercial Court are sometimes ineffective and inefficient due to substantial and formal reasons. Therefore, this study aims to examine various decisions of commercial courts and the applicable copyright provisions through a normative legal research method. The results concluded three things; first, the issue is divided into two: 1) a court decision states copyright infringement by granting and stipulating a small compensation; 2) the court decision states copyright infringement but does not grant and settle compensation. Second, compensation by the Commercial Court has implications for copyright holders, infringers, law enforcers and the public. Third, a new formulation in terms of resolving copyright infringement with claims for compensation. This can adopt a model for the resolution of claims for damages through the formation of a small claims court.

Keywords: compensation; implications; copyright infringement; Indonesia Commercial Court; Indonesia.

DOI: 10.1504/IJIPM.2024.137207

International Journal of Intellectual Property Management, 2024 Vol.14 No.2, pp.182 - 193

Received: 14 Jul 2021
Accepted: 27 Apr 2022
Published online: 05 Mar 2024 *

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