Dispute Resolution in the Perspective of Intellectual Property Rights and International Law

From the perspective of Intellectual Property Rights, if a copyright infringement is committed by a person from another country, the infringement lawsuit must be brought to the court of the country of the person who committed the infringement and will be prosecuted under the copyright law provisions of that country's jurisdiction, not under Indonesian Copyright Law. Copyright law is territorial in nature and applies within the national territory.

Specifically, if the infringement is carried out online as in the case of the song Su Sayang, the creator or copyright holder can send a notification to the service provider platform itself, for example in this case 'TuneCore' regarding material claimed to be infringing or subject to infringing activity posted online using the 'TuneCore' service by completing the DMCA Notification of Claimed Infringement to be sent to the designated 'TuneCore' Copyright Agent. After receiving a valid notification, 'TuneCore' will immediately respond by facilitating the resolution of the problem, namely removing or disabling access to the material claimed to be infringing or subject to infringing activity.

Because this case also involves cross-border issues, it can be resolved by international law. From the perspective of International Law, Indonesia should use the dispute resolution procedure through the World Intellectual Property Organization (WIPO) Mediation & Arbitration Centre because WIPO has principles to protect Traditional Knowledge and Traditional Cultural Expression.

An effective way to deal with this violation is through arbitration or mediation. The benefit of arbitration and mediation is that the parties involved can still monitor the dispute resolution process. Because such things can help maintain good business relationships with other companies that may continue to collaborate or agree to a licensing agreement/agreement in the future. It is a good practice to include mediation and or arbitration clauses in licensing agreements.

*This article is the personal opinion of the author and does not represent the views of the editorial team Legal Literacy Indonesia.