Intellectual Property Rights and the Production of Value in a “Creative Economy”

2020 ◽  
pp. 175-188
Author(s):  
Vincent Bullich
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Creative Economy

scholarly journals Pelindungan Hukum Hak Kekayaan Intelektual Pada Produk Ekonomi Kreatif (Protection Of Intellectual Property Rights On Creative Economic Products)

2017 ◽  
Vol 9 (1) ◽  
Author(s):  
Sulasi Rongiyati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Local Level ◽  
Legal Protection ◽  
Economic Benefits ◽  
Primary Data ◽  
Creative Economy ◽  
The Government

As a result of creativity, the creative economy product is an intellectual property that needs to be recognized as an intellectual work that has economic value and gets legal protection. This study analyzes the regulations established by the Government in providing protection against intellectual property rights (IPRs) to ekraf products and the application of such regulations in the city of Surakarta, Central Java and Denpasar City, Bali. Through normative and empirical juridical research methods, secondary and primary data are processed and analyzed qualitatively. The result of the research stated that IPRs protection policy toward creative economy product has been done by the government through IPRs legislations and regional policy related to IPRs protection for creative economy product referring to national policy. Preventive protection is provided through law in the form of economic benefits for the actors who register IPRs of creative economy product. However, the level of public awareness and understanding of the importance of IPRs, the communal nature of creative economy actors in Indonesia, and the nature of IPRs that must be registered for legal protection, cause IPRs protection for creative economy perpetrators is not optimal. At the level of implementation, the awareness and understanding of the perpetrators of the property rights become the key to the success of IPRs protection by the government. The lack of regional alignments has an impact on the not yet optimal economic benefits received by creative economy actors. Therefore, the government should intensify the socialization of IPRs and facilitate the registration of IPRs  for the perpetrators of creative economy. Institutional and regulatory support at the local level is also important to develop and protect the creative economy product.AbstrakSebagai suatu karya kreativitas, produk ekonomi kreatif (ekraf) merupakan kekayaan intelektual yang perlu mendapat penghargaan sebagai suatu karya intelektual yang memiliki nilai ekonomi dan memperoleh pelindungan hukum. Penelitian ini menganalisis mengenai regulasi yang dibentuk Pemerintah dalam memberikan pelindungan terhadap hak kekayaan intelektual (HKI) terhadap produk ekraf dan penerapan regulasi tersebut di kota Surakarta, Jawa Tengah dan Kota Denpasar, Bali. Melalui metode penelitian yuridis normatif dan empiris, data sekunder dan primer diolah dan dianalisis secara kualitatif. Hasil penelitian menyebutkan, kebijakan pelindungan HKI terhadap produk ekraf telah dilakukan oleh pemerintah melalui peraturan perundang-undangan bidang HKI dan kebijakan daerah terkait pelindungan HKI untuk produk ekraf mengacu pada kebijakan tingkat nasional. Pelindungan preventif diberikan melalui UU berupa manfaat ekonomi bagi pelaku ekraf yang mendaftarkan HKInya. Namun, tingkat kesadaran masyarakat dan pemahaman pentingnya HKI, sifat komunal pelaku ekraf di Indonesia, dan sifat HKI yang harus didaftarkan untuk mendapat pelindungan hukum, menyebabkan pelindungan HKI untuk pelaku ekraf belum optimal. Pada tataran implementasi, kesadaran dan pemahaman pelaku ekraf atas kekayaan intelektualnya menjadi kunci keberhasilan pelindungan HKI yang dilakukan oleh pemerintah. Minimnya keberpihakan daerah berdampak pada belum optimalnya manfaat ekonomi yang diterima pelaku ekraf. Oleh karenanya pemerintah perlu menggiatkan sosialisasi HKI dan memfasilitasi pendaftaran HKI untuk pelaku ekraf. Dukungan kelembagaan dan regulasi pada tingkat daerah juga penting dilakukan untuk mengembangkan dan melindungi produk ekraf. 

scholarly journals Creative industries, Investment trends and their impact on the Economy and Financial Sectors: A study from Vietnam

2019 ◽  
pp. 31-49
Author(s):  
Phan The Cong
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Performing Arts ◽  
Well Being ◽  
Creative Industries ◽  
Government Support ◽  
Creative Economy ◽  
Creative Industry ◽  
Economic Resource

Creative industries have been seen to become increasingly important to economic well-being, with proponents suggesting that "human creativity is the ultimate economic resource," and that “the industries of the twenty-first century will depend increasingly on the generation of knowledge through creativity and innovation.” The term creative industries, refers to a range of economic activities which are concerned with the generation or exploitation of knowledge and information. Development of creative industries will contribute to the awareness and protection of intellectual property rights and copyrights in the creative industry, in order to meet the WTO’s requirements on intellectual property rights. Government support for creative industries will help create a healthy competitive environment for businesses in the industry. It is important for Vietnam’s businesses to select a proper orientation and gain a suitable position in the global creative economy. The creative service sectors of great strength in Vietnam, which are also in need of investment are: design, art, education, tourism, performing arts, fashion, handicraft, culture, foods, and others. Additionally, empirical investigations in the present study reveal that creative industry indicators have a positive and significant influence on the economy and financial sectors. This study’s findings are highly recommended to government officials, economists, and anyone else working to make strategic decisions to achieve better economic results.

scholarly journals The Effectiveness of Intellectual Property Rights Protection to Improve Creative Economy Realization in Semarang District

2021 ◽  
Vol 56 (2) ◽  
pp. 385-393
Author(s):  
Anis Mashdurohatun ◽  
Indra Yuliawan ◽  
Adhi Budi Susilo ◽  
Andri Winjaya Laksamana ◽  
M. Ali Mansyur
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Driving Force ◽  
Added Value ◽  
Primary Data ◽  
Creative Economy ◽  
Intellectual Property Rights Protection ◽  
The Government ◽  
The Ideal

Law No. 24 of 2019 concerning the creative economy states that wealth is a cultural heritage that needs to be utilized. It further becomes a product that creates added value where the Government and Local Government are responsible for creating and developing a creative economy ecosystem. Even though it is legalized in regulations, the management of Intellectual Property Rights in the Regency Semarang is still minimal. The research objectives are to study and analyze the effectiveness of protection of intellectual property rights as a driving force for the creative economy and formulate the ideal role of the Semarang district government in encouraging the realization of the creative economy. The juridical-empirical research method used primary data. The results of this study are that the protection of intellectual property rights as a driving force for the creative economy has not been effective. The number of registered brands from 2018-2020 is 174, which is not comparable to the number of MSME management industries in Semarang Regency. The people still have low legal awareness, lack of business capital, and little knowledge of the community's intellectual property. The ideal government of the Semarang district in encouraging the realization of the creative economy has four fields: the formation of regulations, managing the legality of MSMEs, access to business capital, management, and the MSMEs market.

scholarly journals Tantangan Penegakan Hukum Hak Kekayaan Intelektual dalam Pengembangan Ekonomi Kreatif di Era Revolusi Industri 4.0

2021 ◽  
Vol 7 (1) ◽  
pp. 54
Author(s):  
Hari Sutra Disemadi ◽  
Cindy Kang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Revolution ◽  
Public Awareness ◽  
Rapid Development ◽  
Psychological Impact ◽  
Legal Protection ◽  
Creative Economy ◽  
Human Thinking

Currently, the world is facing changes in the industrial world which can be called the Industrial Revolution 4.0, and this phenomenon has a significant impact on industrial life, namely in the form of rapid technological developments. The rapid development of technology has resulted in a new term ‘creative economy’ in which creativity and human thinking are applied. Intellectual Property Rights play a very important role in the creative economy, and the state must provide legal protection for intellectual property as a form of appreciation to creators/inventors for their efforts and hard work in producing new innovations, and minimizing the occurrence of intellectual property rights violations. However, in practice, there are several challenges and difficulties in enforcing laws related to intellectual property rights in Indonesia. This scientific journals uses normative research methods, based on written regulations and literature studies that examine aspects of theory, structure, and legal explanations. The main problems that occurs in Indonesia is the lack of public= awareness and education regarding intellectual property, and this problem can be the root of other problems. The protection of intellectual property rights in Indonesia not only provides a sense of security and legal certainty for creators/inventors, but also provides a psychological impact and increases the enthusiasm of creators/inventors to continue to innovate.

scholarly journals Intellectual Property Rights and Creative Economy; Way Forward for Pakistan

2019 ◽  
Vol 5 (3) ◽  
Author(s):  
Muhammad Danyal Khan ◽  
Rao Imran Habib ◽  
Attaullah Mehmood ◽  
Abdul Basit
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
South Asian ◽  
Creative Industries ◽  
Creative Economy ◽  
Asian Countries ◽  
Major Player ◽  
Need Support ◽  
The Relationship

This paper examines the relationship between enforcement of intellectual property rights and growth of the creative economy. Intellectual property based creative industries highly contribute towards national economy through trade, value addition, and tax revenues. Size of the global creative economy has almost doubled during 2015 leading it to the figure of $509 billion that was $205 billion during year 2002. It is worth noting that major player in global volume of creative economy are South Asian countries such as China, Hong Kong, Malaysia, India, and Taiwan. Major creative industries include software, pharmaceutical, music, cinema, fashion, design, art, culture, photography, publishing, and other related creative works. Creative industries need support of effective enforcement from intellectual property rights to pay incentive to a creator for its investment of expertise, labour, and finances. In absence of effective intellectual property enforcement and violation of intellectual property rights, innovation may go slow that affects growth of the creative economy. This research highlights potentials of growth of the creative economies in Pakistan in terms of intellectual property rights.

scholarly journals Creative Economy in the Republic of Sakha (Yakutia)

2021 ◽  
Author(s):  
Anna Mikhaylova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
New Economy ◽  
Educational Programs ◽  
Creative Industries ◽  
Creative Class ◽  
Creative Economy ◽  
Intellectual Work ◽  
The Republic

The article is devoted to the analysis of the concept of a new creative economy. Creative economy is a special sector of the economy, combining activities related to intellectual work, creativity. The creative economy is based on intellectual work, generating income not only from the final product created, but also from trading in its results and intellectual property rights as opposed to traditional factors of production. In the creative economy, the kreatosphere is formed. The kreatosphere is a type of activity in the creative economy. Features of the products of the creative economy are the high added values created by intellectual effort. On the example of the Republic of Sakha (Yakutia), accelerators of the development of the kreatosphere are highlighted: the development of educational programs, the preparation of creative, creative-minded specialists; support of innovation centers and investments in creative industries; development of creative projects. Keywords: new economy, creative economy, digital economy, kreatosphere, creative class, creativity

scholarly journals Open innovation in terms of legal protection of intellectual property

2021 ◽  
pp. 105-120
Author(s):  
Anastasiia Yarmoliuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Open Innovation ◽  
Business Models ◽  
Legal Protection ◽  
Creative Economy ◽  
New Production ◽  
Innovative Technologies ◽  
Innovation Model

Yarmoliuk A. Open innovation in terms of legal protection of intellectual property. The author notes that according to the latest global trends in the development of intellectual property rights, business entities operate in the context of radical changes taking place in most sectors of the economy. As new breakthrough technologies and subjects of innovative activity appear. The article emphasizes that this perspective envisages the transition of Ukraine to a new production system, which requires institutional changes. According to the author, today there is also a tendency to reduce the life cycle of innovations, increase the speed of implementation of new developments and strengthen the trends of digital transformation. Therefore, the digitalization of the economy requires the involvement of new forms of cooperation with open innovations including new business models for the use of intellectual property. The article notes that intellectual property, in turn, plays a key role in the development of innovation. At the same time, the importance of intellectual property within the model of open innovation changes with the transformation of economic processes into a creative economy. Today, there is an extremely low level of implementation of creative innovative developments, which indicates the ineffectiveness of the strategy for commercialization of research results. As the author emphasizes, the open innovation model is aimed at solving this problem. Exactly the exchange of knowledge and new results between innovative enterprises and their partners is a major lever for further creative innovation. Therefore, the author determines that effective legal protection of intellectual property plays a key role in promoting innovation within the concept of open innovation. Innovative technologies have been successfully commercialized with the strategic use of intellectual property rights. As indicated in the article, intellectual property also significantly enhances the competitiveness of innovative enterprises, preserves their innovative advantages, and facilitates the process of bringing innovative technologies created under the open innovation model to the market.Keywords: open innovation, intellectual property rights, intellectual property, innovative enterprise, «smart city»

IP/IPR as a Market Object

2019 ◽  
pp. 27-49
Author(s):  
Barbara Townley ◽  
Philip Roscoe ◽  
Nicola Searle
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Creative Industries ◽  
Creative Economy ◽  
Creative Work ◽  
Artistic Creation ◽  
Collective Processes

The creative economy is driven by the transfer of property; tradable property is the ‘product’ of the creative industries. The chapter explores how intellectual property (IP)/intellectual property rights (IPR) function to constitute creative work as a market object that can be disentangled and sold. The chapter deals first with the performative role of law in constructing market objects. We examine how law, with its focus on authorship and originality, embodies a particular conception of solitary artistic creation, inherited from nineteenth-century Romantic aesthetics; at the same time, the law also mandates property rights as a means of constituting a market object, and these property rights necessitate a creator to whom they can attach. Both aspects seem highly artificial in view of the collaborative and collective processes that produce creative work and it becomes clear that creative producers have to manage this multifaceted, liminal object in the shape of the IP/IPR nexus.

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