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Court registered settlements

With the agreement of all parties, settlements can be registered with the Commercial Court to conclude a Claim.

Settlement agreements registered with the Court have equal status with a judgment, and can be enforced using Court resources in the event of non-compliance.  An example of a registered settlement was the case of The Absolut Company (Aktiebolag) v. Jie Kong (23/Pdt.Sus/Merek/2013/PN.Niaga.Jkt.Pst).  The dispute was settled by the parties on 9 July 2013, and the settlement agreement was accepted by the Court on 30 July 2013 following confirmation of agreement to the terms from the Plaintiff and Defendant.  The  involvement of the Co-Defendant - the Trademark Office - was not required.

Court decisions often include a paragraph confirming that judges have suggested litigating parties explore amicable settlement.  It is not often, though, that we see proceedings concluded in this way.  Settlement terms will of course be made public (as Court decisions are publicly accessible documents), which may be advantageous depending on the nature of the dispute.

There is no Court-ordered mediation of intellectual property disputes in the Commercial Court.  A system of Court-ordered mediation does exist in the District Court (for matters that do not concern intellectual property rights).