PENYELESAIAN SENGKETA NAMA DOMAIN MEREK TERKENAL DI INTERNET DARI TINDAKAN CYBERSQUATTING

Abstract

The purpose of this study is to analyze alternative dispute resolution institution in Indonesia that can resolve dispute of famous trademark domain name on the internet againts cybersquatting actions and to analyze the implementation dispute resolution on Indonesia legislation in resolving dispute of famous trademark domain names on the internet from cybersquatting actions. This research method uses a type of normative legal research with a statutory approach and a conceptual approach, and the nature of this research is prescrptive. The results show that: First, the alternative dispute resolution for famous trademark can be conducted through PANDI, but currently in Indonesia the dispute settlement of famous trademark in internet is still insufficient. Although the PANDI's policy adopts the UDRP's policy made by ICANN, the nature is not comprehensive because until now it does not have policy in relation with the dispute resolution of Global Top Level Domain (GTLD). Second, implementation of dispute resolution in the various regulations existing in Indonesia shows that there is presence of legal adoption in the dispute settlement of famous trademark in internet from the action of cybersquatting is based on the UDRP's policy made by ICANN. Trademark Act regulates trademark holder in this matter including the holder of name of domain of famous trademark in order to defend his right through compensation lawsuit to the Commercial Court.