Adopting Digital Mediation Systems for Patent Dispute Resolution: Lessons from Global Practices for Indonesia’s Legal Framework

Abstract

Patent dispute resolution in Indonesia is crucial for protecting intellectual property rights and fostering innovation. This study employs a normative juridical approach to analyze Indonesia’s legal framework for patent dispute resolution, focusing on Law No. 13/2016, Law No. 65/2024, and Perma No. 1/2016. A comparative legal analysis is conducted to examine digital mediation systems in the United States, the European Union, Japan, and Singapore. Challenges persist due to the lack of an institutionalized digital mediation system, leading to prolonged litigation, high legal costs, and judicial inefficiencies. This study analyzes global best practices in digital mediation from jurisdictions such as the United States, European Union, Japan, and Singapore, identifying key regulatory and technological frameworks that enhance patent dispute resolution. This research examines Indonesia’s existing legal landscape using a normative juridical and qualitative comparative approach, including Perma No. 1/2016 and Law No. 65/2024, to assess the feasibility of adopting digital mediation. Findings suggest that integrating a structured digital mediation framework can significantly improve legal certainty, reduce litigation burdens, and accelerate dispute resolution.