scholarly journals LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
Vol 6 (1) ◽  
pp. 27-37
Author(s):  
Ida Ayu Sadnyini ◽  
I Gede Putu Agus Wistama Putra ◽  
A.A.A.Ngurah Sri Rahayu Gorda ◽  
A.A.A. Ngurah Tini Rusmini Gorda
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Interior Design ◽  
Industrial Design ◽  
Human Life ◽  
Legal Protection ◽  
Legal Basis ◽  
Industrial Property

Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.  

scholarly journals INTELLECTUAL PROPERTY RIGHTS (IPR) ASPECT IN THE FRANCHISE BUSINESS FORMAT

2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Trade Secrets ◽  
The World ◽  
The Government

In the franchise business, there are several aspects of IPR involved in it, such as trademark, copyright, patent either ordinary or simple, industrial design, and trade secrets. Each field of IPR has its own character and forms of legal protection that differ from one another, while the most basic aspects of IPR in the world of the franchise business, name brands and trade secrets. This study aims to analyze the correlation between aspects of Intellectual Property Rights and the franchise business format and which aspects of the IPR correlate with the format of the franchise business. The results show that the franchise agreement can be categorized as a principal agreement, involving the government, and the parties, while additional agreements, which are purely an agreement between the franchisor and the franchise, can be in the form of an agreement to maintain company secrets.

scholarly journals On issue of criminal liability for violations of intellectual property rights

2020 ◽  
pp. 101-104
Author(s):  
M.S. Utkina
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Proceedings ◽  
Industrial Property ◽  
Criminal Legislation

The issues of criminal liability for violations of intellectual property rights in Ukraine as well as examples of foreign countries (Federal Republic of Germany, French Republic, United States of America, Swiss Confederation) were analyzed. The author has identified major international instruments that set out basic international standards for the protection of intellectual property rights. It has been determined that Article 61, Section 5, of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, lays down provisions on criminal proceedings. The author analyzed the provisions of the current criminal legislation of Ukraine, according to which the occurrence of criminal liability is possible in case of violation of property rights of owners, without taking into account personal non-property rights. The article also states that, in accordance with the provisions of the articles of the Criminal Code of Ukraine, a peculiarity of domestic criminal legislation on infringement of intellectual property rights is that this type of liability can occur only if the owner of the rights of property damage in a large, large or especially large size. With regard to the Institute of Industrial Property, the Criminal Code of Ukraine provides for liability for the unlawful use of an invention, utility model, industrial design or variety of plants, if the material damage was done, as previously stated, in a significant, large or particularly large sizes. The author has determined that the urgency of the solution requires the issue of extending legal protection to new and emerging technologies. As with this, the nature of the violations and the process itself change. Against this background, there is a serious challenge to the intellectual property system. In turn, the process of protection and protection of intellectual property may be enhanced by having an adequate and effective system of state mechanism for preventing and ending offenses. It can also be achieved by simplifying the process of proving infringement in the field of intellectual property, and thus the procedure for bringing the perpetrator to justice.

scholarly journals LEGAL PROTECTION AND RESOLUTION OF BREACH IN TRADE SECRET Riki Andus Manulang

2018 ◽  
Author(s):  
Riki Andus Manulang
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Music Industry ◽  
Legal Protection ◽  
Business Community ◽  
Trade Secrets ◽  
The Government

As a developing country, Indonesia needs to strive for strong competition among the business community. This is in line with global conditions in the field of trade and investment. Such competitiveness has long been known in the Intellectual Property Rights (HAKI) system.The era of globalization, this is arguably one of the causes of intellectual property rights violations (IPR). Like a time bomb that can explode at any time and the explosion effect can be on everything around it. Progress in all sectors, especially in the fields of industry and trade, is one of the victims of globalization. The higher industrialization flows and trade flows demanded the accuracy and speed of transactions are in part. And of course there are many problems that arise in it, because in every positive case there is a negative side. For example, in the case of "Music Industry" (Music Industry), especially in the cassette / DVD / VCD trade, sometimes people who are positioned as consumers prefer prices that are relatively cheap rather than expensive. Although of course the expensive ones have higher quality.Some time ago, precisely in July 2012 as quoted in the sitejogja.okezone.com The Government through the Directorate of Investigation of the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights (HAM) handled 44 cases of intellectual property rights violations (HKI) per May 2012. The 44 cases are related to the IPR domain, namely cases of copyright, patent, brand, industrial design, and Trade Secrets violations. And according to the Investigation Director of the Ministry of Law and Human Rights, Mohammad Adri, said, of the 44 cases of violations of IPR, the most cases were cases of brand violations which reached 27 cases. The second most, cases of industrial design violations (7 cases) and copyright cases (4 cases). The remaining patent cases and trade secrets. Illegal or pirated computer software problems are found in copyright cases.Keywords: HakI, Trade.

NON-JURISDICTIONAL PROTECTION OF EXCLUSIVE RIGHTS TO INVENTIONS, USEFUL MODELS AND INDUSTRIAL DESIGN

2021 ◽  
Author(s):  
Тамила Магомедовна Нинциева
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Industrial Design ◽  
Legal Protection ◽  
Legal Regulation

В статье говорится о защите прав интеллектуальной собственности. Рассмотрены подходы к пониманию сущности интеллектуальной собственности, ее правовой охране и защите, разбираются вопросы административно-правовой защиты прав интеллектуальной собственности. Особое внимание уделяется проблемам, которые усложняют правовое регулирование в данной сфере общественных отношений. The article deals with the protection of intellectual property rights. Approaches to understanding the essence of intellectual property, its legal protection and protection are considered, issues of administrative and legal protection of intellectual property rights are discussed. Particular attention is paid to the problems that complicate the legal regulation in this area of public relations.

scholarly journals Protection of intellectual property rights in the field of biotechnology

2021 ◽  
pp. 38-48
Author(s):  
Hanna Fedotova ◽  
Svitlana Fyl
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Human Life ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Implementation ◽  
International Treaties ◽  
Ofthe Object ◽  
Biotechnological Inventions

Keywords: intellectual property rights, biotechnologies, patenting, legal protection,legislation Current trends of globalization and the process of European integrationof Ukraine necessitate the creation of an effective mechanism of legal regulationof intellectual property rights in the field of biotechnology, due to the constitutionalprovisions according to which human life and health are the highest value inthe state. The purpose of the study was to determine the legal regulation of protection of intellectual property rights in the field of biotechnology. Empirical and theoreticalmethods of scientific cognition are used for comprehensive consideration of the topicof the article. It has been found that modern biotechnological advances require inventorsnot only to secure monopoly rights to use them, but also to comply with the moraland ethical criteria for the perception of inventions created by genetic engineeringand living matter. It is determined that the legal system of intellectual property protectionin the field of biotechnology is based on the provisions of the Constitution ofUkraine, the Civil Code of Ukraine, regulations in the field of health and agriculture,international treaties and special legislation in the field of intellectual property. It isestablished that the system of legal protection of biotechnological inventions consistsof the acquisition of intellectual property rights to these inventions (establishment ofthe object of patenting and compliance with patentability, state registration of inventions)and the use and disposal of intellectual property rights to such inventions. Alegislative support of legal protection of biotechnological inventions is seen in furtherempirical research and theoretical and methodological substantiation in order to determinethe legal mechanisms of their practical implementation.

scholarly journals SOCIALIZATION URGENCY OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS FOR VILLAGE IN LEGISLATIVE DRAFTING PURPOSE

2020 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
ADHITYA WIDYA KARTIKA ◽  
SUTRISNO SUTRISNO
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Human Life ◽  
Legal Protection ◽  
The Rule Of Law ◽  
The Government ◽  
Laws And Regulations

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>

scholarly journals Criminal protection of objects of individualization in Ukraine and abroad

2021 ◽  
pp. 81-87
Author(s):  
Yevheniia Nedohybchenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
The United States ◽  
Industrial Property ◽  
National System ◽  
The Law

Keywords: object of individualization, trademark, mark for goods and services,criminal liability, criminal legal protection Problems of criminal law protection and protection of meansof individualization among the participants of economic circulation has not found itscoverage and analysis in the legal literature.Legal regulation of industrial property protection at the international level takesplace within a number of agreements: the Paris Convention for the Protection of IndustrialProperty of 1883, the Madrid Agreement Concerning the International Registrationof Marks of 1891, the Hague Agreement Concerning the International Registrationof Industrial Designs of 1925, and others.The article examines the experience of criminal law protection of trademarks ofthe following countries: USA, Great Britain, Germany, Switzerland, Ukraine.The author speaks about the need to unify approaches to criminal prosecution inUkraine. This will facilitate effective litigation. Establish liability for infringement oftrademark rights. Will contribute to the improvement of the national system of protectionof intellectual property rights. Increase safeguards to protect intellectualproperty rights. It will raise Ukraine's image in the world.The laws of the countries define in detail the scope of rights of owners to intellectualproperty. The law provides a list of actions that are considered a crime.In the United States, a criminal case is initiated by the federal government or thestate. In the Federal Republic of Germany, most infringements of intellectual property rights are governed by civil law. An offense is a criminal offense if it is committedwith intent.Ukraine also has special legislation. Criminal liability is established in the relevantarticles of the Code. These articles are in different sections of the Criminal Codeof Ukraine. Such placement of norms negatively affects the punishment of violators.There is a need to unify approaches to prosecuting offenders. This will facilitate effectivelitigation. Establish liability for violations of the law. Will contribute to the improvementof the national system of protection of intellectual property rights. Increasingguarantees of protection of intellectual property rights. It is necessary to do so byintroducing the relevant into the Criminal Code of Ukraine.

scholarly journals TRIPs dalam Kaitannya dengan Perlindungan Hukum Terhadap Rahasia Dagang, Desain Industri dan Desain Tata Letak Sirkuit Terpadu Di Indonesia

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Sabri Fataruba
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trade Secrets ◽  
Minimum Requirement ◽  
Legal Norms ◽  
Full Compliance

Participation in the WTO has given consequences to its member countries, including Indonesia, to harmonize its laws in the field of Intellectual Property Rights for full compliance or full compliance as a minimum requirement and guidelines for WTO member countries to contain new norms and has a higher standard and contains strict law enforcement provisions as set by the TRIPs. In view of these matters, Indonesia has harmonized the existing laws in the field of Intellectual Property Rights and made legal norms in accordance with the standards set by the TRIPs for several fields of Intellectual Property Rights which had not yet been enacted at the time, where 3 ( three) including Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design and Law Number 32 of 2000 concerning Layout Designs of Integrated Circuits, the regulations also meet the standards set by TRIPs , in order to provide adequate legal protection to guarantee the rights of Owners of Trade Secrets and Designers and to ensure that other unauthorized parties do not abuse them, so as to motivate the owners of trade secrets and designers to continue to be creative in creating and/or designing, as well also stimulates other communities to do same things.

scholarly journals Trips Agreement Dan Standarisasi Hukum Perlindungan Hak Kekayaan Industri Di Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 19-29
Author(s):  
Rani Fadhila Syafrinaldi ◽  
David Hardiago
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Intellectual Property Right ◽  
Industrial Property ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection

Trade Related Aspects of Intellectual Property Right Agreement 1995 (TRPS Agreement) is an international provision in the field of intellectual property rights protection that applies universally. Indonesia as a country of law, has all laws relating to the protection of intellectual property rights with reference to the TRIPS Agreement. The TRIPS Agreemnt formulation must also refer to the Paris Convention For the Protection of Industrial Property, 1883 which has been recognized as the legal basis for the protection of intellectual property rights globally. Protection of industrial assets consisting of Patents, Trademarks, Trade Secrets, Industrial designs, Protection of Plant Varieties and Layout Designs of Integrated Circuits must be carried out by the state towards the holders of the said industrial property rights

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