scholarly journals PATENTS IN THE PRODUCTION PROCESS THAT ARE LAYING ON INVENTOR

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.

2017 ◽  
Vol 3 (1) ◽  
pp. 218
Author(s):  
Sudjana Sudjana

<p><em>The author discusses the legal protection of integrated circuit layout design as provided by Law 32/2000 and compares it with how the government regulates and protect other sorts of intellectual property rights (copyright, trademarks, patents, etc.). The purpose of this comparison is to reveal shortcomings as well as the strength of each different regulations. This study reveals that Law 32/2000 as compared to other IPR protections has yet to provide legal protection of inventor’s moral rights, priority rights as well as temporary decision.  At the same time, all regulations cannot be fully implemented due to the lack of or insufficient implementing regulations. </em></p>


2019 ◽  
Author(s):  
Yeni susanti

The basis of patent law itself is very complete explained in the patent law regulation number 14 of 2001. In the government-compiled law it is written that the filing of patent rights on an invention or invention has requirements that need to be fulfilled.In Indonesia, patents will be highly protected to protect the intellectual property rights of every Indonesian. According to the applicable law, namely Number 14 of 2001 inventor who has patent rights for a product or idea, has full power and can process persons who commit plagiarism, distribute and trade the patented product into legal channels in accordance with the basis of patent law regarding violations of criminal provisions in Chapter XV.


2021 ◽  
Vol 1 (2) ◽  
pp. 175
Author(s):  
Relys Sandi Ariani ◽  
Luna Dezeana Ticoalu ◽  
Herlin Sri Wahyuni

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


DeKaVe ◽  
2013 ◽  
Vol 1 (2) ◽  
Author(s):  
Novi Mayasari

As a great nation, our nation is rich in tradition and culture of high value in terms of both moral and financial. Tradition and traditional culture is then known as the traditional knowledge or traditional knowledge. Unfortunately the wealth of knowledge traditional Indonesian nation has not protected to the maximum so often occurs utilization of traditional cultural community by other nations, like motif Jepara carving by Harrison, biodiversity by Japan, traditional culture by Malaysia, and others. Therefore the government must began taking steps to protect the nation traditional property Indonesia is good through the Copyright Law, Trademark, Patent Law and Intellectual Property Rights other.Keyword : Traditional Knowledge, Intellectual Property


2020 ◽  
Vol 07 (01) ◽  
pp. 64-84
Author(s):  
A.A.A Gorda ◽  
Resti Anggreni

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.


2019 ◽  
Vol 3 (1) ◽  
pp. 88
Author(s):  
Ganefi Ganefi

AbstractThe creative industry as one of the pillars of the future economy has a very strategic role in overcoming the problems faced by the community along with the government, especially in the field of employment, business fields, and as a source of state revenue (GDP). Therefore, creative industry entrepreneurs must be protected by their intellectual rights so that all copyrighted works are legally protected by their existence and not arbitrarily anyone can steal, trade, multiply without the permission of the owner. However apparently only 17% of the 16.7 million creative industry players registered the results of their creativity. This shows that the protection of Intellectual Property Rights towards the creative industry is still very weak due to several factors, namely; Lack of public awareness / creative industry players to register their creativity businesses; Lack / lack of understanding of the community / industry players regarding the protection of Intellectual Property Rights (IPR); The presumption of some people / creative industry players for the management of registration of Intellectual Property Rights requires quite a large fee; The registration process takes a long time and is complicated. AbstrakIndustri kreatif sebagai salah satu pilar ekonomi masa depan memiliki peran yang sangat strategis dalam mengatasi masalah-masalah yang dihadapi oleh masyarakat bersama pemerintah, terutama di bidang ketenagakerjaan, bidang usaha, dan sebagai sumber penerimaan negara (PDB) . Oleh karena itu, pengusaha industri kreatif harus dilindungi oleh hak intelektual mereka sehingga semua karya cipta dilindungi secara hukum oleh keberadaan mereka dan tidak sewenang-wenang siapa pun dapat mencuri, berdagang, berkembang biak tanpa izin dari pemiliknya. Namun ternyata hanya 17% dari 16,7 juta pelaku industri kreatif yang mendaftarkan hasil kreativitas mereka. Ini menunjukkan bahwa perlindungan Hak Kekayaan Intelektual terhadap industri kreatif masih sangat lemah karena beberapa faktor, yaitu; Kurangnya kesadaran publik / pelaku industri kreatif untuk mendaftarkan bisnis kreativitas mereka; Kurangnya / kurangnya pemahaman tentang komunitas / pemain industri mengenai perlindungan Hak Kekayaan Intelektual (HKI); Anggapan sebagian orang / pelaku industri kreatif untuk pengelolaan pendaftaran Hak Kekayaan Intelektual membutuhkan biaya yang cukup besar; Proses pendaftaran memakan waktu lama dan rumit.


2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.


2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.


2019 ◽  
Vol 10 (1) ◽  
pp. 49-65
Author(s):  
Trias Palupi Kurnianingrum

Patent as a branch of Intellectual Property Rights (IPR) serves to protect inventions on the field of technology, one of them being medicine. The rise on the number of cases on the theft of genetic resources and traditional knowledge on the field of medicine for commercialization purposes shows that the protection of patent rights on traditional medicine knowledge is still not optimal. This article is the result of a normative juridical research which is supported by an empirical data, examines the protection of patent rights on traditional medicine knowledge and the implementation of Article 26 of Law No. 13 of 2016 on Patents (Patent Law year 2016). In the research results, it was mentioned that even though the TRIPs Agreement did not accommodate the traditional knowledge, the presence of Patent Law year 2016 complemented the Indonesian government's efforts to save the knowledge of traditional medicines from biopiracy and misappropriation. It is necessary to regulate the disclosure obligation in TRIPs agreement and further mechanism regarding benefit sharing and granting access to traditional medicines knowledge. AbstrakPaten merupakan salah satu cabang Hak Kekayaan Intelektual yang berfungsi untuk melindungi invensi di bidang teknologi, salah satunya obat-obatan. Maraknya kasus pencurian sumber daya genetik dan pengetahuan tradisional di bidang obat-obatan untuk tujuan komersialisasi menunjukkan bahwa pelindungan hak paten atas pengetahuan obat tradisional masih belum maksimal. Artikel ini merupakan hasil penelitian yuridis normatif yang didukung dengan data empiris, membahas mengenai pelindungan hak paten atas pengetahuan obat tradisional dan implementasi Pasal 26 Undang-Undang Nomor 13 Tahun 2016 tentang Paten (UU Paten 2016). Di dalam hasil penelitian, disebutkan meskipun Perjanjian Trade-Related Aspects of Intellectual Property Rights (TRIPs) belum mengakomodasi pengetahuan tradisional namun hadirnya UU Paten 2016 melengkapi usaha pemerintah Indonesia dalam menyelamatkan pengetahuan obat tradisional dari biopiracy dan misappropriation. Perlu pengaturan kewajiban disclosure di dalam Perjanjian TRIPs dan mekanisme lebih lanjut mengenai benefit sharing dan pemberian akses atas pengetahuan obat tradisional.


LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.


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