scholarly journals HAK KEKAYAAN INTELEKTUAL SEBAGAI BENDA: PENELUSURAN DASAR PERLINDUNGAN HKI DI INDONESIA

2015 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Indirani Wauran-Wicaksono

<p><strong>Abstrak</strong><br />Hak Kekayaan Intelektual memberikan kewenangan hukum kepada seseorang untuk<br />mendapat keuntungan dari karya intelektual yang diciptakan. Hal ini berimplikasi pihak<br />lain, yang tanpa persetujuan, tidak diperbolehkan untuk mengambil keuntungan dari<br />sebuah karya intelektual. Pengambilan keuntungan berarti mengambil sesuatu, di mana<br />sesuatu tersebut berada dalam hukum sipil yang dikenal dengan properti. Artikel ini<br />menyelidiki kembali perlindungan dasar hak kekayaan intelektual untuk memberikan<br />justifikasi bahwa hak kekayaan intelektual adalah ‘properti’ yang memiliki sifat dasar<br />properti dan faktanya obyek properti memiliki hak milik.<br /><br /></p><p><em><strong>Abstract</strong></em><br />Intellectual Property Rights provides legal authority for a person to reap the rewards of<br />the intellectual work produced. This has a consequence that the other party without consent<br />must not take advantage of an intellectual work. Reap the rewards of means to take<br />something, which in civil law is known as the property. This article retraces the basic<br />protection of intellectual property rights to provide justification that intellectual property<br />rights are ‘a property’ that has the nature of properties and in fact, is the object of property<br />that has proprietary rights.</p>

2018 ◽  
Author(s):  
putri indah sari

The problems in this research are: (1) Is the patent in production can be provided to the workers / employees as a inventor? (2) How will the moral rights attached to the inventor to patent the intellectual work produced during the production process? This research uses normative juridical approach. Source of data derived from secondary data that primary legal materials, secondary, and tertiary. The results showed that patents in the production process is not given to the discoverer of workers / employees. The government needs to dissemination of the patents and other intellectual property rights so that a producer of intellectual work so that they know that the law protects what they produce. Governments also need to revise the provisions of Article 12 paragraph (1) Patent Law, where the rights of patent holders fixed on the inventor.


Author(s):  
Bernhard Schima

Article 229a EC Without prejudice to the other provisions of the Treaties, the Council, acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, may adopt provisions to confer jurisdiction, to the extent that it shall determine, on the Court of Justice of the European Union in disputes relating to the application of acts adopted on the basis of the Treaties which create European intellectual property rights. These provisions shall enter into force after their approval by the Member States in accordance with their respective constitutional requirements.


2018 ◽  
Author(s):  
richa okta septiya

Actually the procedure for making and managing patents is not as complicated or expensive as imagined, indeed to be granted it takes a long time because of various considerations such as checking whether in other countries there have been similar patents or not, and various other technical reasons. Proposals for filing patents include the title of invention, background of invention, brief description of intellectual work found and technical drawings. Technical drawings accompanied by a brief description. Then equipped with abstracts and claims. This circuit is then called the preparation of patent specifications.Patent specifications as a minimum requirement that must be included. The three conditions must be met to obtain a filing date, among which are fulfilling patent specifications, application forms and registration fees. As for other requirements as a formality, where this condition can be completed for three months after receiving the date of receipt. If the terms of the above points are complete, the inventor is just waiting for the results from DJHKI. Announcement will be published publicly after 18 months from the results of the submission. Patent applicants while waiting for the announcement are published in the official news on patents and official media. The goal is to find out about patented intellectual property rights. If the community or outside inventors object because they are deemed not to be eligible for patenting, they can submit in writing to DJHKI.Especially for rejected inventors, it is permissible to appeal to the Patent Appeal Commission. Example Of The Simple Patent-A Official News with the Title of Invention: PROPEDER "Fire Fighting Robot Prototype"Keywords : Patent, DJHKI, PROPEDER.


SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 138 ◽  
Author(s):  
Muchtar Anshary Hamid Labetubun

Intellectual Property Rights basically have economic value. Therefore it is not excessive if the results of human intellectual work are given adequate legal protection. Through this way Intellectual Property Rights will get a decent place as one form of rights that has economic value. E-Book is included as a protected work because it is an adaptation of the initial creation in the form of a book that each has its own copyright after being realized in a real form.


2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Cristiano Antonelli

Intellectual property rights have a twin effect on the economic system.On the one hand they increase the incentives to the introduction of new technologicalknowledge. On the other they increase the costs of the generation ofnew knowledge because they limit the access to an indispensable input such asexisting knowledge. A tradeoff between such positive and negative effects canbe formalized so as to identify of the ‘correct’ levels of knowledge rents...


2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Korotun O.M. ◽  

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the author's proposals are formulated. Keywords: civil law, intellectual property, lawsuit, protection


2018 ◽  
Author(s):  
Reni alfiani

Intellectual Property Rights is related to the protection of the application of ideas and information that has commercial value, For owners of ideas and information that has commercial value, Intellectual Property Rights is a personal wealth that can be owned and treated as same as other forms of wealth. That same treatment is like reselling or renting it. So that ideas and information that has commercial value is not used by another person who is not responsible, then there must be protection from a legal perspective. This paper briefly discusses about the two cat- egories that are protected under intellectual property rights, namely copyrights and patents. On the other side, this paper aims to provide an understanding of the legal aspects of copyright and patent registration.


2019 ◽  
Vol 3 (1) ◽  
pp. 71-87
Author(s):  
Anik Marfistasari ◽  
Ennys Kurniawati ◽  
Badzlina Putri Indraswati

Patents as Intellectual Property Rights which are included in exclusive rights that contain legal construction. It basically must provide legal protection for the application of financial and techology-based on computer programs in Indonesia, where it is given to the novelty of the invention, inventive steps contained in it; and the success of inventions that should be applicable in industries that are developing at this time. To get tsshe assurance and legal protection against fintech programs invention, it is necessary to be followed up on legislation in the field of intellectual property, especially in terms of special patents which it related the fintceh programs inventions in Indonesia, which are expected to provide solutions to the legal problems in Indonesia and to provide a clear legal direction related the fintech programs inventions, on the other hand, with the existence of the legislation in the field of special patent it is expected that can obtain balanced legal protection related to computer programs. Which must be in accordance with the purpose of the invention itself to support the maximum efforts to achieve people's welfare .


Author(s):  
Yurii Kuznetsov

The history of introduction of disciplines devoted to the methodology of scientific and technical creativity, acquisition, protection, protection and commercialization of intellectual property rights in the Kyiv Polytechnic Institute (KPI) is presented chronologically. The positive and negative consequences of teaching disciplines in intellectual property and patent science are analyzed. Emphasis was placed on a strategic mistake when two disciplines (one legal, the other integrated engineering creative direction) merged into one and two teachers of two different departments of KPI began to teach.


INFO ARTHA ◽  
2017 ◽  
Vol 3 ◽  
pp. 90-108
Author(s):  
Agus Sriyanto

Law No. 17 of 2006 on the amendment of Law No. 10 of 1995 on Customs has already accommodated the provisions of the Agreement on Implementation of Article VII of the GATT 1994. One of these provisions is a method that allowed the determination of the customs value rates. owever, in practice often a discrepancy between the rules and the implementation. There are some cases that arise, involving importers rights holders imports from trade associations (representatives of six producer fim Hollywood America (MPAA)), and after conducted audits of customs and excise discovered fact an indication that this time they do not include the value of royalties in the calculation of customs duties movies -film that they imported at the time of giving notice of imported goods and pay off the levies customs duties and taxes on import to the Customs and Excise office. The term goods or objects in the form of intangible objects, referring to the provisions of civil law can be in the form of copyright which there are royalties manufacturers to publish / distribute content using the film in the form of a roll of film, DVD, or other computer files. Movie content is the intellectual property rights of man in the form of cinematography, and with a certain economic value, can have implications for increasing the value of the object from the original object in the form of an empty movie becomes much more valuable after the content in cinematography. 


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