09
May2022
Intellectual Property Rights

Intellectual Property Rights at A Glance

People cannot be separated from the elements of Intellectual Property Rights (IPR) in everyday life. From waking up in the morning to going to bed at night, humans always intersect with IPR.

IPR basically provides legal protection for business actors to prevent their ideas from possible plagiarism by other business actors. IPR can also be interpreted as intangible property rights  or intangible assets, referring to something that can be owned but can not be seen.

Conceived from the human mind, only humans who have certain thinking skills that can create a particular form of creativity. Therefore, it is natural for someone who creates such form of  creativity to benefit from it. However, these benefits can only be achieved after such form of creativity is recognized by the State through IPR recognition.

In principle, IPR is divided into two, namely copyright and industrial property rights.

Copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a work is made in real form without reducing restrictions in accordance with laws and regulations. This part of IPR also provides protection for all forms of work within the scope of science, art and literature. Copyright is stipulated in Law No. 28 of 2014 on Copyright. One example of copyright is a song.

Industrial property rights consist of brand, patent, trade secrets, industrial design, layout design and integrated circuits as well as the protection of plant varieties.

Brand is regulated in Law No. 20 of 2016 on Brands and Geographical Indications. The law states that brand refers to signs displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements in the form of two dimensions and / or three dimensions, sounds, holograms, or a combination of two or more elements.

Brand is also used to distinguish goods and/or services produced by people or legal entities in the trading of goods and/or services. An example of a brand is the logo of a product.

Patent is an exclusive right granted by the state to the inventor for the results of his invention in the field of technology for a certain period of time. Law No. 13 of 2016 on Patents also regulates the granting of rights and protection for inventors for their inventions and innovations. Patents are a protection for a new invention.

Trade Secret is regulated in Law No. 30 of 2000 on Trade Secret. Trade Secret refers to  information that is not known by the public in the field of technology and or business, has economic value due to its use in business activities, and is kept confidential by the owner.

The Trade Secrets Law also regulates and provides protection for confidential information of information owners and has uses in business and economic activities.  An example of a Trade Secret is a recipe for processed foods.

The Indonesian government pays great attention to the rights and protection of intellectual property for everyone Indonesia ratified the WTO Agreement through Law Number 7 of 1994 on Approval for the Establishment of the World Trade Organization, which encompasses the Trade Related Intellectual Property Rights Agreement.

The government grants exclusive rights to IPR actors, whether they are creators, inventors, or designers. The development of IPR is determined through a healthy market mechanism and is directed at advancing the community. Consequently, IPR recognizes certain restrictions to protect the interests of the community.

The IPR system encourages the existence of a documentation system aims to prevent the emergence of the same copyrighted work. Through IPR documentation, individuals in the community are encouraged to always be creative and innovative in producing intellectual works for the advancement of the nation and human civilization.

Based on the description above, it can be concluded that every human being has their own thinking power which is a gift from God. In essence, every idea that arises from thinking activities is the property of each individual or is private (exclusive).

Each human being has different thoughts, ideas, and creativity that must be respected because not all humans have creative thinking that will be useful for themselves and others. Even though it is included in the category of exclusive rights, ownership of IPR still has to go through procedures considering that Indonesia is a country that upholds the rule of law.

 

Author / Contributor:

 Anggoro Adhi Priambodo, S.H.

Associate Contact:

Mail       : angga@siplawfirm.id

Phone    : +62-21 799 7973 / +62-21 799 7975

 

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