LITIGATION & DISPUTE RESOLUTION
We develop strategy and bring you results
Our firm has requisite competence and experience in handling various business litigation matters. We represent both Indonesian and International clients in court litigation. We offer clients strategic advice and help framing a litigation strategy to efficiently handle and resolve each dispute. We have skillful lawyers with decades of trial experiences and advanced negotiation skills leading to many successful settlements for our clients before and outside the courts.
Patent, Trademark, Industrial Design, Copyright and Trade Secrets Litigation
Rajamada& Partners is experienced in handling various types of IP litigation including infringement of patents, trademarks, copyright, software and databases, domain names, as well as disputes arising from IP-contracts such as assignment, licensing and franchising.
We have handled IP litigations in various sectors and industries such as telecommunications, computers, food, cosmetics, alcoholic beverages, bicycles, lighting, pharmaceuticals, musical instruments, real estate, home furnishings, insurance, hotel services, paper goods and apparel.
A sampling of the services provided include:
- Advising and representation in civil action, cancellation action or invalidation action in trademark litigation against third parties before the IP-Court or District Court and Supreme Court
- Representation incomplex litigation involving trademark licensing issues, parallel trade, trademark infringement, trademark counterfeiting, trademark dilution and false advertising
- Representation in patent litigation matters before Indonesian IP Court or District Court and Supreme Court on behalf of highly diverse clients – from private persons to world’s leading multinational corporations
- Initiating and defending clients in trade secret cases, including assistance in establishment of facts — through discovery and expert testimony — that no trade secrets exist, and raising various straightforward defenses or counterclaims
- Filing trademark civil claims against Mark Appeal Commission’s decisions at the Commercial Court
Information Technology Litigation
With significant professional experience and deep understanding of Indonesia’s legal culture, Rajamada & Partnersassists clients in dispute resolution relating to the use of Information Technology. We assist in formulating dispute solution strategies. We gather and analyze facts and evidence comprehensively.
We represent clients before the competent courts on cases relating to various aspects of Information Technology such as services, supply, performance, data protection and technology transactions.
Domain Name Disputes
Rajamada & Partners assists clients in the protection of domain name, related trademark or copyrights. We assist in defending against a claim made against our clients. Our attorneys have deepunderstandingon both the technological and legal sides of a domain name dispute and are experienced in representing domain name registrants and/or trademark owners before the competent bodies.
A sampling of the services provided include:
- Investigation of cybersquatter and their intentions
- Acquisition or recovery of valuable domain name from infringing cyber squatter
- Invalidation of local domain names similar to well-known trademarks at the Indonesian domain name registry based on Domain Name Dispute Resolution mechanism (Penyelesaian Perselisihan Nama Domain/PPND)
- Proceedings and application to eliminate domain names (.id) before the Indonesian Commercial Court
- Addressing cybersquatting and domain name infringement throughInternet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP), Complaints before the World Intellectual Property Organization (WIPO) and the Asian Domain Name Dispute Resolution Centre (ADNDRC)
Civil and Commercial Litigation
Rajamada & Partnershas extensive expertise and experience in advising and representing clients in a broad spectrum of civil and commercial claimsin several business sectors including technology, real estate, medical, legal, retail, financial, and construction.
We assist to develop pragmatic solutions to complex legal issuesand strive to avoid costly legal battles for clients. Whenever possible and suit the clients’ interests, we assist clients in negotiations and settlement of issues before the case evolved into court litigation case. When litigation cannot be avoided, we maintain our cost-effective approach to litigation, always aiming to reach the best possible resolution for our clientin the most cost effective way.
Domestic and International Arbitration
Rajamada & Partnersis experienced in representing a wide variety of clients in international arbitration proceedings at the Singapore International Arbitration Centre (SIAC) or domestically at Indonesian National Board of Arbitration (BANI).
We assist clients in bringing court proceedings in support of or challenging agreements to arbitrate and arbitral awards. We represent clients in the enforcement of arbitral awards before Indonesian courts.
Industrial Relations Disputes
At Rajamada& Partners, we have extensive experience representing both employers and employees in industrial relation disputes. This experience has enabled us to tailor a unique approach in resolving complex employment conflictsbefore they end up in court litigation.
When litigation is inevitable, we represent clientsin all through employment litigation process including pre-trial negotiation and mediation at local Manpower Office (Dinas Tenaga Kerja), trials at the Indonesian Industrial Relations Court (Pengadilan Hubungan Industrial) and at the appeal courts.
State Administrative Disputes
Rajamada & Partners provides services to individual and corporate clients in matters relating to state administrative decision detrimentally affecting such individuals or corporate.
When litigation is inevitable, we have extensive expertise and experience in representing various clients in challenging a state administrative decision before the Indonesian State Administrative Court (Pengadilan Tata Usaha Negara) or at the appeal courts.We outline and together with clients, implement comprehensive litigation strategy to obtain favorable decision for the clients.
Bankruptcy and Suspension of Payment
Rajamada & Partnershas experience in assisting debtor companies, creditors and shareholders in complex restructurings and insolvency proceedings.Weexplore options for clients including bankruptcy and non-bankruptcy. We represent clients in preparation and negotiationdebt restructuring.
We have extensive experiences in handling various bankruptcy cases before the Indonesian Commercial Court including filing or defending against bankruptcy petition or suspension of payment (Penundaan Kewajiban Pembayaran Hutang) at the context of debt recovery.