scholarly journals Fairness in Fair Dealing on the Industrial Design Protection

Yuridika ◽  
2021 ◽  
Vol 36 (2) ◽  
pp. 445
Author(s):  
Sigit Nugroho ◽  
Derita Praptirahayu ◽  
Mieke Yustia Ayu Ratna Sari
Keyword(s):  
Industrial Design ◽  
Legal Research ◽  
Fair Dealing ◽  
The Public ◽  
Design Law ◽  
The Right ◽  
Design Protection

Fair dealing is one of the important elements in the Industrial Design Legislation. Because of that, it is significant to analyze the concept of fair dealing which can be understood by the society to achieve fairness in the protection of industrial design works. Under industrial design, the concept of fair dealing means that industrial design can be used by other parties for education and research purposes as long as it does not prejudice the interests of industrial design right holders. The purpose of this study is to analyze the value of fairness in the concept of fair dealing in industrial design law, so that it can be used as guidelines for the right holders and the public so they not violate the Industrial Design Law and this Law can also be used to advance the welfare of society. This study is normative legal research by using statute and conceptual approaches. While material used for this study are primary and secondary legal materials. This study found that fairness in the fair dealing in the protection of industrial design can be achieved in the form of fulfilment of balance rights between the designer’s right and society. Fairness for both is if between the right holder and society have the opportunities to use and enjoy available industrial design. Industrial design rights holders have limited monopoly rights and the public has the opportunity to use the results of industrial design in a limited manner for their welfare. This is in line with what Aristotle said that justice is given in accordance with values or propriety that is not the same.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Analysis of the performance of the brazilian intellectual property system: challenges and perspectives

2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva
Keyword(s):  
Intellectual Property ◽  
Computer Program ◽  
Management System ◽  
Development Process ◽  
Industrial Design ◽  
Methodological Approach ◽  
Geographical Indication ◽  
The Public ◽  
Property System ◽  
The Right

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.

scholarly journals Efektifitas Fungsi Badan Kepegawaian Daerah Kabupaten Gorontalo dalam Penyelenggaraan Penerimaan Calon Pegawai Negeri Sipil

2018 ◽  
Vol 1 (1) ◽  
pp. 50
Author(s):  
Nurwita Ismail
Keyword(s):  
Quality Of Service ◽  
Sociological Research ◽  
Legal Research ◽  
The Public ◽  
The People ◽  
Public Expectation ◽  
The Republic ◽  
The Right ◽  
Basic Philosophy

In essence the right of everyone to get the same job and opportunity in government, is one of the instruments in trying to improve prosperity and prosperity of the people. This corresponds to the basic philosophy of the state summarized in Pancasila, where the five precepts of Pancasila should be viewed as one unified whole. Even has been translated in the Constitution of the Republic of Indonesia (UUD) Year 1945, as well as a constitutional basis in governance, nation and state.The importance of Gorontalo Regency Government / related agencies especially Regional Personnel Agency (BKD) performs acceptance in accordance with the mechanisms stipulated in several Laws and Regulations in particular PP. 43 of 2007, with the expectation that the quantity of civil servants can dominate the quality so that the public expectation of the quality of service and the acceleration of regional development can be fulfilled. Type of research Sociological Juridical. Juridical Sociological Research is a legal research that combines the research of normative law and sociological law research.

scholarly journals The Correlation between Copyright and Patent Forms of Industrial Design Protection

2021 ◽  
Vol 16 (8) ◽  
pp. 80-88
Author(s):  
A. G. Koroleva
Keyword(s):  
Intellectual Property ◽  
Industrial Design ◽  
Main Task ◽  
Creative Activity ◽  
Basic Concepts ◽  
Design Objects ◽  
The Right ◽  
Design Protection ◽  
The Relationship

Most legal orders establish several forms of design protection that are not mutually exclusive. At the same time, the intersection of legal regimes gives rise to a number of practical and doctrinal problems related to the determination of the scope of the author’s and rightholder’s rights, the unfair behavior of participants in civil transactions, and the erosion of the institutional purpose of intellectual property objects. The main task of the study is to draw a meaningful border between the two forms of protection of industrial design objects. The paper elucidates the basic concepts of understanding an industrial design, the functions and features of the activity under consideration, the relationship with the category of "art," examines the formation and development of legal thought about the relationship between copyright and patent forms of protection of the results of artistic design. It is concluded that it is necessary to make proposals and recommendations to eliminate unfair practices in the exercise of the right to protect the results of creative activity under consideration.

scholarly journals Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine

2021 ◽  
pp. 60-71
Author(s):  
Yurii Kapitsa
Keyword(s):  
European Union ◽  
Industrial Design ◽  
Case Law ◽  
Third Party ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
The Law ◽  
The Right ◽  
Design Protection

Kapitsa Y. Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine. The article considers a new provisions concerning unregistered industrial design (hereinafter — UD), introduced by the Law of Ukraine № 815-IX of 21.07.2020.There is an incomplete reflection in the Association Agreement between the EU and Ukraine and in the adopted Law of the provisions of Council Regulation (EC) No 6/2002 on Community designs, in particular the lack of implementation of Art. 85 (2) of the Regulation concerning the conditions under which courts consider UD to be valid; and the rulings of the Court of Justice that the right holder must provide evidence that the UD was copied by a third party, Case C-345/13 etc.This may result in trolling in Ukraine with the use of UD to prohibit the use of known products or products created independently, bypassing trademarks.It is actual to:• provide amendments to the Law of Ukraine «On protection of rights to industrial designs» concerning the provisions of Art. 85 (2) of Regulation № 6/2002 and the case law of the Court of Justice;• extend the competence of the Appeals Chamber to cases concerning the recognition of UD as invalid;• amend the Law as well Art. 139, 140 of the Code of Civil Procedure of Ukraine and Art. 151, 153 of the Economic and Procedural Code of Ukraine regarding the provisions of Art. 50 TRIPS which stipulates that judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent.There is a danger of partial approximation not to the whole EU acquis governing the protection of relevant IP rights which may result in the difficulty of applying implemented provisions of EU acts and developing national case law which could contradict EU case law.Key words: unregistered industrial design, protection of intellectual property rights, approximation of legislation, trolling

scholarly journals Kewenangan Kepolisian Daerah Bali dalam Penegakan Hukum Terhadap Aksi Unjuk Rasa yang Anarkis

2021 ◽  
Vol 2 (3) ◽  
pp. 575-581
Author(s):  
I Nyoman Budiantara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Sutama
Keyword(s):  
Law Enforcement ◽  
Freedom Of Expression ◽  
Police Chief ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
Inhibiting Factors ◽  
The Right ◽  
National Police ◽  
Laws And Regulations

Freedom of expression in public is the right of every citizen which is protected by law. There are several principles that must be followed in expressing opinions in public, namely the principle of balancing rights and obligations, deliberation and consensus, legal certainty and justice, proportionality, and benefits. However, the fact is that demonstrations are often carried out in an anarchic manner. The purpose of this study is to determine the authority of the Bali police in law enforcement against anarchic demonstrations, and to find out the obstacles faced by the Balinese police in dealing with demonstrations. This study uses empirical legal research because of the gap between theory and reality. The results of the research that the authority of the Bali Regional Police in law enforcement against anarchist demonstrations refers to Law/8/1998 and the National Police Chief Regulation No. Pol. 16 of 2006, as well as Protap No. PROTAP/1/X/2010. Barriers to the Bali Police in dealing with anarchic demonstrations are divided into internal inhibiting factors such as knowledge, emotions, and delays in information. The external such as no permission to protest, influenced by alcohol. To the public, to always comply with the laws and regulations in terms of demonstrations.

scholarly journals PENGATURAN KONSEP KEBAHARUAN PRODUK DALAM PENDAFTARAN DESAIN INDUSTRI PADA UNDANG-UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI

2021 ◽  
Vol 3 (2) ◽  
pp. 108-121
Author(s):  
Lis Julianti, Emmy Febriani Thalib, Made Indra Saputra
Keyword(s):  
Legal System ◽  
Industrial Design ◽  
Legal Protection ◽  
The State ◽  
Legal Research ◽  
Visual Appearance ◽  
Legal Remedies ◽  
Article 9 ◽  
Significant Change ◽  
The Right

The judge's interpretation of the novelty principle, where the Panel of Judges in industrial design disputes argues that an industrial design can be said to be new if it has undergone a significant change in visual appearance, meaning that the visual appearance of the two objects is very different. If not, then the modification of a product cannot be called new so that it cannot be considered as an industrial design. The problems of this research include: how is the regulation of product novelty in the registration of industrial designs in Law Number 31 of 2000 and how is the legal protection of designers against the concept of novelty of products in the legal system in Indonesia. This type of research used in discussing the problem of this research is normative legal research. The conclusions of this research are as follows: Regulations on Product Newness in the Registration of Industrial Designs in Law Number 31 of 2000, among others, are in Article 9. And legal remedies are contained in Article 54 of Law Number 31 of 2000. Legal protection of designers against the concept of product novelty In the legal system in Indonesia, among others: Preventive protection: This protection is also closely related to the awareness of the owner of the industrial design rights themselves to register their industrial designs in order to get protection from the State. Regressive protection for holders of Industrial Design Rights is protection that is carried out directly to resolve or overcome an event or incident that has occurred in the form of a violation of the right to industrial design.   Penafsiran terhadap penerapan prinsip kebaruan (novelty) oleh hakim, dimana Majelis Hakim dalam sengketa desain industri berpendapat bahwa sebuah desain industri dapat dikatakan baru apabila telah mengalami perubahan penampakan visual yang signifikan, artinya penampakan visual kedua benda tersebut menjadi sangat berbeda. Bila tidak, maka modifikasi suatu produk tersebut tidak dapat disebut baru sehingga tidak dapat dianggap sebagai suatu desain industri. Permasalahan penelitian ini antara lain: bagaimanakah Pengaturan tentang Kebaharuan Produk dalam Pendaftaran Desain Industri pada Undang-Undang Nomor 31 Tahun 2000 dan bagaimanakah Perlindungan Hukum Pendesain terhadap konsep kebaharuan produk dalam sistem hukum di Indonesia. Jenis penelitian yang dipergunakan dalam membahas masalah penelitian ini adalah penelitian hukum normatif. Simpulan penelitian ini sebagai berikut: Pengaturan tentang Kebaharuan Produk dalam Pendaftaran Desain Industri pada Undang-Undang Nomor 31 Tahun 2000 antara lain dalam Pasal 9. Dan upaya hukum tertuang dalam Pasal 54 Undang-Undang Nomor 31 Tahun 2000.Perlindungan Hukum Pendesain terhadap konsep kebaharuan produk dalam sistem hukum di Indonesia antara lain :Perlindungan preventif : Perlindungan ini juga sangat berkaitan dengan kesadaran dari pemilik hak desain industri itu sendiri untuk mendaftarkan desain industrinya agar mendapatkan perlindungan dari Negara. Perlindungan refresif bagi pemegang Hak Desain Industri adalah perlindungan yang dilakukan secara langsung untuk menyelesaikan atau memanggulangi suatu peristiwa atau kejadian yang telah terjadi berupa pelanggaran hak atas desain industri.

scholarly journals Desain Indutri Sebagai Karya Yang Dilindungi (HAKI)

2019 ◽  
Vol 19 (1) ◽  
pp. 23-33
Author(s):  
Azhari AR Azhari AR
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
General Public ◽  
Industrial Design ◽  
Two Dimensions ◽  
Design Law ◽  
The Right ◽  
Exclusive Right

A designer has a copyright on the results of his creativity in the form of a blueprint and has the exclusive right to make the artwork into three or two dimensions. The industrial design law is directed at protecting mass-produced goods. People prefer protection with the right to industrial design, which is only protected for 10 years. This is because a design is very easy and can be imitated quickly by the general public. When it is protected by copyright, it becomes ineffective and wasteful. Copyright does not protect mass products.Keywords: Design, Industry, Work, Intellectual Property Rights

scholarly journals Aesthetic Performance Products as a Basis For Non Novelty of Industrial Design Based on The Public Domain Principle

Notaire ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 75
Author(s):  
Desy Rizki Ramadhani ◽  
Puteri Melati ◽  
Camellia Anand
Keyword(s):  
Industrial Design ◽  
Public Domain ◽  
Product Performance ◽  
External Appearance ◽  
The Public ◽  
Public Property ◽  
Photographic Evidence ◽  
Design Law ◽  
The Aesthetic ◽  
Protection Period

Comparative products are very important and must be considered about it because, Industrial Design assesses the performance of products that can be proven from evidence that can be seen or assessed by clear eye such as photographic evidence, catalogs or other evidence that can be proved bye Industrial Design which has existed before. Industrial design is based on its external appearance which does not have an aesthetic impression and contradicts Article 1 point 1 of the Industrial Design Law and article 25 Paragraph 1 of the TRIPs agreement, which is form creation, solely for function or technical configuration. Aesthetically cannot be registered. In the absence of aesthetic elements, the product performance can be used as the basis for the absence of new industrial designs based on the principle of "Public Domain", considering the aesthetic elements are one of the requirements of an item that can be categorized as Industrial Design. In the other hand, the protection period has expired and became a "Public Domain" then it can be registered as an Industrial Design if it packed with an aesthetic elements. If an item does not have an aesthetic impression, it can be ascertained that the item is not an industrial design and can be possible not to have novelty and become public property. Aesthetic impressions do not contradict with the laws and regulations, but this is an important requirement so the design can be categorized as an industrial design. In ordinance No. 31 in 2000 concerning Industrial Design itself does not limit of the notion novelty and aesthetics so, the multiple interpretations are often occur.

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