scholarly journals The Urgency of Legal Protection to the Trademarks in the Global Era

2018 ◽  
Vol 5 (3) ◽  
pp. 259
Author(s):  
Anis Mashdurohatun ◽  
Gunarto Gunarto ◽  
Lathifah Hanim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Global Economy ◽  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Intellectual Property Rights Protection ◽  
Role Of The State

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.

Analysis The Role of Law in Protecting Intellectual Rights and Their Relationship to Social Welfare

2020 ◽  
Vol 2 (2) ◽  
pp. 18-26
Author(s):  
Wandi Subroto
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Welfare ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
The State ◽  
Industrial Property ◽  
Government Regulations ◽  
Binding Power

This study aims to analyze the role of law in protecting intellectual rights and their relationship to social welfare. This research belongs to the research that uses the juridical-normative method. The legal sources used in this study are secondary legal sources, which based on their legally binding power, consist of primary legal materials in the form of theories, norms, rules, and opinions of legal experts related to the intellectual property protection legal system associated with community welfare issues, and the role of strategy that the state can play besides the use of secondary and tertiary legal materials. Based on the study of legal sources, it can be seen that regarding the definition, recognition, and protection of intellectual property rights in Indonesia, it is regulated in the law and further regulated in Government Regulations. Intellectual property rights recognized and protected in Indonesia are Copyright and Industrial Property Rights, which consist of trademarks, patents, trade secrets, integrated circuit layout designs, and protection of plant varieties. This is very important to be maintained by the state, and the goal is to improve social welfare as mandated in the constitution.

scholarly journals Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal

2021 ◽  
Vol 1 (2) ◽  
pp. 175
Author(s):  
Relys Sandi Ariani ◽  
Luna Dezeana Ticoalu ◽  
Herlin Sri Wahyuni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Library Research ◽  
Preventive Actions ◽  
Streaming Services ◽  
The Government ◽  
Film Piracy

The film is part of the intellectual property rights attached to the creator. Nowadays, it is commonly agreed that violation of intellectual property rights portrays in film piracy for personal gain is inevitable, with illegal streaming services. This study aimed to examine film protection, conduct a study of film institutions, and find concepts to protect films in Indonesia. The study used a juridical method with the statute and conceptual approaches. In so doing, it used secondary data processed using library research techniques. The study showed that illegal movie streaming rampant in Indonesia practiced illegal streaming movies. It violated the intellectual property rights inherent in the creator, resulting in enormous losses for the creators. There are further problems in the laws and regulations, and the government must accommodate preventive actions. This study suggested three components: correctional, supervision, and copyright protection against illegal movie streaming in Indonesia; and these components were to maximize the role of stakeholders. KEYWORDS: Illegal Streaming Movies, Indonesian Film Institute, Intellectual Property Rights and Copyrights

scholarly journals POLITIK HUKUM PELINDUNGAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA PASCA DI RATIFIKASINYA TRIPS AGREEMENT

2020 ◽  
Vol 18 (1) ◽  
Author(s):  
Imam Wicaksono
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trips Agreement ◽  
Intellectual Property Right ◽  
Legal Research ◽  
East Indies ◽  
Intellectual Property Rights Protection ◽  
Dutch East Indies

<p><em>Intellectual property rights actually not a new thing in Indonesia, since the Dutch East Indies Government, Indonesia has a law on Intellectual Property Rights. The regulation of Intellectual Property Right  enactment of the laws of the Dutch East Indies government , imposed in Indonesia as a Dutch colony based on the concordance principle. At that time regulation of Intellectual Property Rights in Indonesia had just received three sector; Copyright, Trademarks, and Patents. Expansion of the regulation of Intellectual Property Rights in Indonesia has only been carried out after the ratification of the TRIPS Agreement. In this study the author will analyze the legal politics of protecting intellectual property rights before the ratification of the TRIPS Agreement. And what is the legal policy of the protection of intellectual property rights after the ratification of the TRIPS Agreement. This legal research is normative legal research. The results showed that with the emergence of a new law replacing the old colonial-made law, the understanding and scope of intellectual property rights protection in Indonesia became wider. The amendment to the Intellectual Property Rights Act in Indonesia cannot be separated from the ratification of the TRIPS Agreement and Indonesia's involvement in world trade.</em></p><p><strong><em>Keywords: </em></strong></p><p><strong><em></em></strong><em><em>Legal Politics, Legal Protection, Intellectual Property Rights, TRIPS Agreement</em></em></p>

scholarly journals Intellectual Property Rights Protection of Mandar Coconut Oil through Geographical Indications

2019 ◽  
Author(s):  
Erlika Sari ◽  
Hasbir Paserangi ◽  
Marwah ◽  
Achmad Zulfikar ◽  
Irmawati ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Coconut Oil ◽  
Legal Protection ◽  
Geographical Indications ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Directorate General ◽  
The Government

Intellectual property rights support the economic development of a country.Indonesia, with its extraordinary natural resources, has not been able to optimize protection of intellectual property rights. Only 65 kinds of geographical indications were recorded registered on the Directorate General of Intellectual Property by hundreds or even thousands of products with Indonesian characteristics. This article uses a type of socio legal research with data sourced from literature review. This article concludes that Mandar coconut oil is one of the Indonesia resources as the biggest producer coconut oil in the world. This oil has some advantages so it is worth to get the legal geographical indications. The steps which can take of community and the government refers to Law No. 20 of 2016 concerning Trademark and Geographical Indications. The writers recommend that the government of West Sulawesi Province, PolewaliMandar Regency and Majene Regency Government providesupporttowardsMandar coconut oil, so it can get legal protection through geographical indications.

TINJAUAN HUKUM PENOLAKAN PATEN TERKAIT DENGAN KEBARUAN DARI KISARAN

Veritas ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 66-80
Author(s):  
Nur Hasanah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Intellectual Work ◽  
Human Creativity ◽  
Patent Applications ◽  
The Right ◽  
Human Sense

Intellectual property rights are related to human creativity which is the result of the work of creativity, human sense and intention. In Intellectual Property Rights that are protected is the right of the owner of Intellectual Property Rights, not the final product produced by the owner of Intellectual Property Rights. In the global economic order, Intellectual Property Rights are seen as a trade problem that includes interactions of three main aspects, namely intellectual property, commercialization and legal protection. This means that Intellectual Property Rights become important when there are intellectual works that will be commercialized so that the owners of intellectual works need formal legal protection to protect their interests in obtaining benefits from the commercialization of their intellectual work. This study explains the role of how the decision of the Patent Appeal Commission on patent applications, especially on patent applications number W00200903691 submitted by Repros Therapeutics Inc. through Intellectual Property Consultants in Indonesia who represent it (in this case AMR Partnership) with the title of the invention "Antiprogestin Dosage Regimen" and how to analyze the decision.

scholarly journals PENERAPAN TEORI PERLINDUNGAN HUKUM TERHADAP HAK CIPTA ATAS PENYIARAN

2020 ◽  
Vol 18 (1) ◽  
Author(s):  
Annisa Justisia Tirtakoesoemah ◽  
Muhammad Rusli Arafat
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
National Income ◽  
Legal Protection ◽  
Developed Countries ◽  
Economic Benefits ◽  
The State ◽  
Copyright Holder ◽  
The Government

<p><em>Intellectual property rights by nature provide economic benefits to the creator or holder of copyright and also to the state. Among the European countries that are members of the Euroean Union (EU) and in America, this awareness of economic benefits has been firmly planted. In these developed countries, several economic studies have been conducted which have proven the rapid growth of copyright contribution to the national income of the country. The need to recognize, protect and reward individuals or companies for their inventions and access to their work for the benefit of humans is beginning to be felt in Indonesia. In the context of copyright ownership over anything related to intellectual property rights, the law acts and guarantees the creator to control and enjoy exclusively the results of his work and if necessary with the assistance of the state for law enforcement. The results showed that legal protection can be carried out with supervision by the government and involves legal entities that already have the authority, socializing both the creators of a work or the copyright holder of a related rights product on the importance of registering or recording the work and the copyright holder submits lawsuit to the Commercial Court.</em></p><p><strong><em>Keywords:</em></strong></p><p><em><em>Legal Protection, Intellectual Property Rights, Copyright, Legal Entity</em><br /></em></p>

scholarly journals PERLINDUNGAN HUKUM INDIKASI GEOGRAFIS ATAS MEREK KOPI TORAJA DAN KOPI GAYO YANG DIDAFTARKAN OLEH NEGARA LAIN

2019 ◽  
Vol 2 (1) ◽  
pp. 35-49
Author(s):  
Ayu Kumala Sari Hamidi ◽  
Iyah Faniyah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Director General ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Library Studies

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.

scholarly journals Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali

2020 ◽  
Vol 07 (01) ◽  
pp. 64-84
Author(s):  
A.A.A Gorda ◽  
Resti Anggreni
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Directorate General ◽  
Trademark Protection ◽  
Trademark Registration ◽  
The Government ◽  
Role Of The Government

In Kekeran Village, Penebel District, Tabanan Regency, people’s understanding on the importance of legal protection of Intellectual property rights over brands are not well-established. In the village, Dupa Harum Kekeran, a kind of fragrance incense, is the product of a group of women. They use the Kekeran logo; and the logo has not been registered to the Directorate General of Intellectual Property Rights. Brand is a sign that enables customers to identify and differentiate products of companies. As a differentiator, it can also be a marker of an item’s reputation. The study employed an empirical legal research method by using primary and secondary data which were analyzed descriptively and qualitatively. The study concludes that collective trademark can be used as an alternative of legal protection. It can be used to reduce business competition in the Tabanan Regency. Legal protection is preventive and can be used together to reduce the level of business competition among the makers of Dupa Harum Kekeran. In particular, the business competition is managed by the home industry. Therefore, legal protection through a collective trademark can be more effective and efficient. The government has to cut the bureaucracy of brand registration and the trademark registration can now be done online. The role of the government in efforts to provide the collective trademark protection can be said to be very optimal.

scholarly journals AKSESABILITAS KAUM DIFABEL DALAM PERLINDUNGAN HUKUMNYA DALAM PERSPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 18 (1) ◽  
Author(s):  
Muhammad Miftahul Umam ◽  
Ridwan Arifin
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
National Income ◽  
Legal Protection ◽  
Developed Countries ◽  
Economic Benefits ◽  
The State ◽  
Copyright Holder ◽  
The Government

<p><em>Intellectual property rights by nature provide economic benefits to the creator or holder of copyright and also to the state. Among the European countries that are members of the Euroean Union (EU) and in America, this awareness of economic benefits has been firmly planted. In these developed countries, several economic studies have been conducted which have proven the rapid growth of copyright contribution to the national income of the country. The need to recognize, protect and reward individuals or companies for their inventions and access to their work for the benefit of humans is beginning to be felt in Indonesia. In the context of copyright ownership over anything related to intellectual property rights, the law acts and guarantees the creator to control and enjoy exclusively the results of his work and if necessary with the assistance of the state for law enforcement. The results showed that legal protection can be carried out with supervision by the government and involves legal entities that already have the authority, socializing both the creators of a work or the copyright holder of a related rights product on the importance of registering or recording the work and the copyright holder submits lawsuit to the Commercial Court.</em></p><p><strong><em>Keywords:</em></strong></p><p><em><em>Legal Protection, Intellectual Property Rights, Copyright, Legal Entity</em><br /></em></p>

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