Intellectual Property Rights

Intellectual Property Rights (IPR) are exclusive rights owned by a person, group of people or institutions in using and obtaining benefits from intellectual property that is owned or created. The term HAKI is a translation of Intellectual Property Right (IPR), as regulated in Law Number 7 of 1994 concerning the ratification of the WTO (Agreement Establishing The World Trade Organization). Definition Intellectual Property Right itself is an understanding of the rights to property arising from human intellectual abilities, which has a relationship with the rights of a person personally, namely Human Rights.

Broadly speaking, Intellectual Property Rights are divided into 2 (two), namely:

  1. Copyright and other related rights.
  2. Industrial Property Rights, which are further divided into:
  3. Plant Varieties
  4. Trade Secret
  5. Industrial Design
  6. Integrated Circuit Layout Design
  7. godfather
  8. Brand

Copyright according to Law Number 28 of 2014 is an exclusive right for an Author or right recipient to publish or reproduce his work or to grant permission for it without reducing the limitations according to the prevailing laws and regulations. Copyright includes science, literary and artistic works such as books, written works, translations, interpretations, lectures, lectures, speeches, educational props / aids, novels, films, dramas, poems, music, pictures, batik art, paintings, portrait, sculpture, computer software (software), databases, and architectural designs. While the related rights (neighboring rights) is a right related to Copyright which is an exclusive right for performers, phonogram producers, or broadcasting institutions.

While the definition Plant Varietes regulated in Law Number 29 of 2000, namely a group of plants of a type or species marked by plant shape, plant growth, leaves, flowers, fruit, seeds, and expressions of genotype characteristics or genotype combinations that can distinguish between the same type or species. by at least one defining characteristic and if reproduced there will not be any changes.

Trade Secret is regulated in Law Number 30 of 2000, and has the meaning that trade secrets are information that is not known to the general public in the technology and / or business sector, which has economic value because it is useful in business activities, and is kept confidential by the owner of trade secrets.

Definition of Design Industry according to law is a creation concerning the shape, configuration, or composition of garages or colors, or lines and colors or a combination thereof which is three-dimensional or two-dimensional and can be used to produce a product, industrial commodity or handicraft. The right holder of an industrial design has the exclusive right to exercise his industrial design rights and to prohibit other people without his consent from making, using, selling, importing, exporting, and / or distributing goods that are granted industrial design rights.

godfather is regulated in Law Number 13 of 2016 and is an exclusive right granted by the State to inventors for the results of their inventions in the field of technology for a certain period of time to carry out the invention by themselves or to give approval to other parties to implement it.

Brand is a sign in the form of a picture, name, word, letters, numbers, color arrangement, or a combination of these elements which has distinctive power and is used in trading activities of goods or services. According to Law Number 15 of 2001 concerning marks, marks are divided into 3 (three) types, namely:

  1. Trademark;
  2. Service Marks; and
  3. Collective Brand.

Through the brief explanation above, we can see that the scope of Intellectual Property Rights in Indonesia is very broad, moreover, all of them have their own legal rules. But in reality, Indonesia is one of the countries with the highest number of intellectual property rights violations in the world, one of the most common examples is VCD or DVD piracy, given the relatively expensive prices of original VCDs and DVDs, economically, Indonesians are more interested in buying VCD and pirated DVDs compared to original VCDs and DVDs.

Even though the legal rules regarding piracy are clear in Article 113 paragraph (3) of the Copyright Law which reads, "Anyone who without rights and / or without permission from the creator or copyright holder violates the economic rights of the creator as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and / or letter g for commercial use, shall be punished with a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp. 1.000.000.000,00 (one billion rupiah)."And paragraph (4) which reads," every person who fulfills the elements referred to in paragraph (3) who is committed in the form of piracy, shall be punished with imprisonment of not more than 10 (ten) years and / or a maximum fine of Rp. 4.000.000.000,00. XNUMX (four billion rupiah).

Another issue with the issue of Industrial Property Rights, which often occurs in Indonesia is a violation of Trademarks. As we know, the function of the brand itself can be said to be a characteristic and quality comparison of the products produced by a company or someone with products from other companies or other people. Therefore, in order for the ownership and mark to be recognized by consumers, a trademark right is needed so that it is not misused by irresponsible parties.

One example of a trademark dispute that has occurred in Indonesia is the 'iStore' store trademark case between the legal owner of iStore Indonesia Juliana Tjandra and PT Big Global Indonesia using the name iStore at ITC Ambassador without the permission of Juliana Tjandra. Juliana also sued PT Big Global Indonesia to the Central Jakarta District Court. Her lawsuit was granted and Juliana was declared the rightful owner of the iStore brand.

Through the case examples above, Indonesian entrepreneurs are certainly aware of the importance of registering or recording an Intellectual Property Right in Indonesia. In the case of Copyright registration, although in principle Copyright arises automatically when a work is manifested in its real form, not at the time of registration, but registration here remains a very important thing so that it can be used for proof if at any time a dispute occurs. plus now Copyright registration can be done online online making it easier for entrepreneurs to register their copyrights, even registration fees are now free for MSME entrepreneurs.

Get explanations of various questions about IPR which are certainly no less important for entrepreneurs to know for the smooth running and development of your business, such as:

  1. Can an exclusive right holder sue the party who uses a name, brand, or logo that is similar even if it is not exactly the same as his?
  2. Is it a violation of Copyright if we take pictures that are publicly provided on the internet?
  3. If a businessman mendownload for free a song or video from the internet for later reproduction / reproduction for resale, does this act violate the Copyright Law?
  4. Can we use a trademark that has not been registered, but the mark is general in nature, for example the brand "AQUA" which in general means "AIR"?
  5. Do public entertainment venues such as restaurants, cafes, or clubs that play a singer's song also have to pay royalties to the copyright holder of the song?

Contact our law office to get an explanation regarding the IPR field as above, we are ready to serve and answer your questions with a complete explanation in accordance with applicable legal rules.

Warm regards,

Writer team