scholarly journals PELETAKAN SITA JAMINAN ATAS HAK KEKAYAAN INTELEKTUAL

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Ambrosius Adjie

This study aims to determine the placement of sequestration of intellectual property rights. This study uses normative research, the research specification descriptive analysis, this research is carried out through the stage of the study of literature, and data analysis conducted qualitative normative. Results of this study show that can be placed sequestration of intellectual property rights, which lies in the economic value of the intellectual property rights.

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Luh Inggita Dharmapatni

Copyright is the exclusive right of the creator that arise automatically based on the principle of declarative after an invention is embodied in a tangible form without prejudice to the restrictions in accordance with the provisions of the legislation. Copyright can be used as the object of fiduciary cause it has an economic value. Creditors are willing to give the debt to the debtor, if debtor can provide wealth to ensure smooth payment of debts. The object of fiduciary is not controlled by the creditor, but remains dominated by the debtor. There is no physical delivery of goods, only the economic rights of copyright can be transferred. Copyright may be encumbered by fiduciary guarantee provided that the encumbrance be put not over the copyrighted work, but on its economic value. In order to be secured under fiduciary claim, copyright must be registered with the Cirectorate General of Intellectual Property Rights


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.


2018 ◽  
Vol 5 (2) ◽  
pp. 27-33
Author(s):  
Laksminarti Laksminarti

This research aims to obtain a picture of the policy in the field of intellectual property rights as well as legislation and law enforcement of intellectual Property Rights (HAKI). The increasingly high-flow of free trades that demand the higher creativity of the resulting products proved increasingly spur on the technological developments that support these needs. Along with this, it began to realize the importance of the role of intellectual Property Rights (HAKI) in supporting technological developments. This is seen from the increasingly high number of copyright, patent and trademark applications and the sufficient number of industrial design applications addressed to the Directorate General of Intellectual Property Rights, the Office of the jurisdiction and human rights. By using a descriptive analysis obtained the idea that the implementation of good intellectual property rights system not only requires the legislation in the field of intellectual property right but should be supported also by Administration, law enforcement and an optimal socialization program on intellectual property Rights (HAKI). The results of the research show that at this time, Indonesia has had a legal device in the field of intellectual property rights which is adequate and does not contradict the provisions as required in Agreement on Trade-Related Aspect Of Intelectual Property Rights. In principle, all rules of intellectual property rights have been prepared about the interests of the Community and by the minimum provisions as required by TRIPS approval (Agreement on Trade-Related) Aspect Of Intelectual Property Rights).


2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Erman Rajagukguk

Abstract: Intellectual Property Rights and Court Verdicts. Imitating Property rights of others, without his approval is forbidden, because the act is equal to stealing. Adherents of Utilitarianism, Jeremy Bentham stated that the Intellectual Property Rights has economic value. The owner has spent effort and money to find or create something. It is inappropriate to use it without consent of the owner, because it may cause due to people no longer willing to try to find or create something. Keywords: Intellectual Property Rights, Courts Verdicts Abstrak: Hak Milik Intelektual dan Putusan-Putusan Pengadilan. Meniru Hak Milik Intelektual orang lain tanpa persetujuannya adalah perbuatan terlarang, karena perbuatan tersebut sama dengan mencuri. Penganut ajaran Utilitarianism, Jeremy Bentham menyatakan bahwa Hak Milik Intelektual memiliki nilai ekonomi. Pemiliknya telah mengeluarkan tenaga dan biaya untuk menemukan atau mencipta sesuatu. Adalah tidak pantas untuk memakainya tanpa persetujuan pemiliknya, karena hal itu dapat menimbulkan akibat orang tidak mau lagi berusaha menemukan atau menciptakan sesuatu. Kata Kunci: Hak Milik Intelektual, Putusan-Putusan, PengadilanDOI: 10.15408/sjsbs.v1i1.1520


2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Imam Agung Prakoso

This article aims to find out the Intellectual Property Rights according to an-Nama’ Yusuf Qardhawi theory Qardhawi' and how the zakat is calculated. The underlying theories used in this study are zakat theory an-Nama’, zakat profession, intellectual property right as a form of wealth, and intangible property. This study is a content analysis using normative legal approach. The research method used in this study is library research by collecting the data from primary and secondary data. The data is analyzed using interactive model. The findings showed that zakat on Intellectual Property Rights based on an-Nama’ theory by Yusuf Qaradhawi is a part of zakat on profession because IPRs have economic value, obtained from intellectual creativity manifested in the forms of works. Therefore, IPRs are a form of intangible property that could develop. In addition, the calculation of zakat on IPR is 2.5% of the income earned after deducted by tax obligations.


2020 ◽  
Vol 8 (3) ◽  
pp. 610-617
Author(s):  
Chrisna Bagus Edhita Praja ◽  
Puji Sulistyaningsih ◽  
Budi Agus Riswandi ◽  
Mulyadi

Purpose of the study: This study aims to provide a proposed model for intellectual property as a waqf asset with the perspective of legal substance and legal structure. Methodology: This study was conducted by examining various regulations in the field of waqf. In-depth Interviews with the Indonesian Waqf Board and D.G.I.P. are used to identify obstacles to the implementation of I.P.R. Waqf. The data obtained were analyzed using a qualitative approach and presented in the descriptive form. Main Findings: The results show that B.W.I., P.P.A.I.W., Appraisal, and Commercial Court play an important role in establishing a legal structure for the implementation of I.P.R. waqf. P.P.P.A.I.W. directly pertains to success in the administration of I.P.R. waqf. B.W.I., as a Nazir advisor, is needed in the socialization and enhancement of Nazir competencies, especially Intellectual Property Rights. Commercial Court, as a judicial institution that has the authority to provide the determination, can be involved in the process of implementing I.P.R. waqf. Meanwhile, to find out the economic value of I.P.R., an appraisal can also be involved. Applications of this study: This study is useful for the Indonesian Government to make implementing regulations regarding Waqf with I.P.R. assets.


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. 


2014 ◽  
Vol 18 (04) ◽  
pp. 1450027
Author(s):  
CÁSSIA RITA PEREIRA DA VEIGA ◽  
CLAUDIMAR PEREIRA DA VEIGA ◽  
JANSEN MAIA DEL CORSO ◽  
EDUARDO WINTER ◽  
WESLEY VIEIRA DA SILVA

The general objective of this study is to investigate the erectile dysfunction pharmaceutical market over the past two decades (1990–2010) through patent data analysis. The study of the erectile dysfunction market allows the analysis of the technological trajectory of Viagra® in its several phases, since the launching of a radical innovation, going through the accommodation of incremental innovations and eventually the release of generic versions of that product. This is a descriptive, documentary, longitudinal research that analyses five research hypotheses. The results show how the erectile dysfunction market has developed over the years and the lessons that can be extracted regarding Intellectual Property Rights for countries, companies and governments, including political and social considerations about how much should a patent protect innovation.


2019 ◽  
Vol 2 (1) ◽  
pp. 35-49
Author(s):  
Ayu Kumala Sari Hamidi ◽  
Iyah Faniyah

The existence of IPR, especially Geographical Indications and Brands, is the basis of policy making in the world of Trade. Indonesia is a country that is rich in potential Geographical Indication products and then Law No. 20 of 2016 concerning Geographical Indications and brands for National Regulations and in TRIPS as International Arrangements. but there are still violations of cases regarding Geographical Indications and Trademarks and occur in Toraja coffee and Gayo coffee. The formulation of the problem in this research is how is the trademark legal law for Geographical Indications in the case of Toraja coffee and Gayo coffee registered by other countries? How is the legal settlement of the Violation of Brand Geographical Indications carried out by other Countries against Toraja coffee and Gayo coffee?The specification of this study is Descriptive Analysis. The approach is a normative juridical approach using secondary data obtained through library studies. The data is then analyzed qualitatively and presented in a qualitative descriptive form. Based on the results of research and analysis, answers can be obtained: 1) Legal protection against Toraja coffee and Gayo coffee registered by other countries, namely by registering the trademark to the Director General of Intellectual Property Rights and after obtaining a Geographical Indication certificate from the Director General of Intellectual Property Rights, the geographical indication of a product's brand it gets strong protection. 2) Legal settlement of brand violations and geographical indications of the brand of Toraja coffee and Gayo coffee are litigation methods carried out through the Commercial Court institution, for Toraja Coffee to be carried out at the Ujung Pandang Commercial Court and Gayo Coffee at the Medan Commercial Court.


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