Intellectual Property Rights

Intellectual Property Rights (IPR) are exclusive rights owned by a person, group of people or institutions in using and benefiting from intellectual property owned or created. The term IPR is a translation of intellectual property rights (IPR), as stipulated in Law Number 7 of 1994 concerning the Ratification of the WTO (Agreement Establishing The World Trade Organization). The definition of intellectual property rights 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:

Copyright and other related rights.
Industrial Property Rights, which are further divided into:
Plant Varieties
Trade Secrets
Industrial Design
Integrated Circuit Layout Design

Copyright according to Law Number 28 of 2014 is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. Copyright includes science, literary and artistic works such as books, written works, translations, interpretations, lectures, speeches, teaching aids / educational aids, novels, films, dramas, poems, music, drawings, batik art, paintings, portraits, sculptures, computer software (software), databases, and architectural designs.

Meanwhile, neighboring rights are rights related to Copyright which is an exclusive right for performers, phonogram producers, or broadcasting institutions.

Trade Secret is regulated in Law Number 30 Year 2000, and has the definition that trade secret is information that is not known by the public in the field of technology and/or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the Trade Secret.

The definition of Industrial Design according to the law is a creation about the shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form of three dimensions or two dimensions that give an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, goods, industrial commodities, or handicrafts. The right holder of Industrial Design shall have the exclusive right to exercise the Industrial Design Right owned and to prohibit other persons who without his/her consent make, use, sell, import, export, and/or distribute the goods granted the Industrial Design Right.

Patent is regulated in Law No. 13/2016 and is an exclusive right granted by the state to inventors for their inventions in the field of technology for a certain period of time to carry out the invention themselves or give approval to other parties to carry it out.

Trademark is a sign in the form of images, names, words, letters, numbers, color arrangements, or a combination of these elements that have distinguishing power and are used in the trading activities of goods or services. According to Law Number 15 Year 2001 on Trademarks, trademarks can be divided into 3 (three) types, namely:

Service Marks; and
Collective Trademarks.
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. However, 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, considering the relatively expensive price of original VCDs and DVDs, economically Indonesian people are more interested in buying pirated VCDs and DVDs compared to original VCDs and DVDs.

Whereas the rule of law regarding piracy is clear in Article 113 paragraph (3) of the Copyright Law which reads, "Any person who without rights and/or without the authorization of the Creator or Copyright holder infringes the economic rights of the Creator as referred to in Article 9 paragraph (l) 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 (1) (21 (3) Rp1,000,000,000.00 (one billion rupiah)".

And paragraph (4) which reads, "Every person who fulfills the elements as referred to in paragraph (3) in the form of piracy, shall be punished with imprisonment of 10 (ten) years and/or a maximum fine of Rp.4,000,000,000.00 (four billion rupiah)."

Another issue related to the problem of Industrial Property Rights that often occurs in Indonesia is trademark infringement. As we know, the function of the trademark itself can be said to characterize and compare the quality of products produced by a company or a person with products from other companies or other people. Therefore, in order for the ownership and brand to be recognized by consumers, brand rights are needed so as not to be misused by irresponsible parties.
Contact our law office to get an explanation of the IPR field as above, we are ready to serve and answer your questions with a complete explanation in accordance with applicable laws.

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