scholarly journals quiz haki

2019 ◽  
Author(s):  
alan peter

AbstractAs 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.

2018 ◽  
Author(s):  
Riki Andus Manulang

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.


2019 ◽  
Vol 8 (1) ◽  
pp. 106
Author(s):  
Budi Santoso

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.


Author(s):  
Oksana Kashyntseva ◽  
Yaroslav Iolkin

Keywords: intellectual property, codification, human rights, private interests, publicinterests, exclusions, medicines, patents The article concerns the expediency of codificationof legislation in the field of intellectual property on the basis of the principles ofpolicy development of pharmaceutical nationalism or pharmaceutical independence ofthe state. Modernity encourages to determine the principles of intellectual propertylaw on the basis of «collective knowledge», to put the intellectual property right toserve the interests of society and provide appropriate incentives for scientific activity.The new spirit of intellectual property dictates the policy of introducing exceptions tointellectual property rights for objects used in the fight against COVID-19.Special attention should be paid to the formation in the world, on the one hand, ofa policy of «pharmaceutical nationalism», which provides for protectionism in relationto the national producer, and on the other — the policy of priority of public interestsover intellectual property rights. Today, this issue is particularly acute in the contextof limited access to vaccines against the background of free production sites of genericcompanies. Therefore, when determining the conceptual approaches to the codificationof legislation in the field of intellectual property, the international experience ofmaintaining such a balance should be taken into account.The path of harmonization of human rights and intellectual property rights hascertain social and economic obstacles, overcoming which requires significant efforts ofpublic organizations, rethinking the established paradigms of the scientific communityand the political will of international organizations. The pandemic has only strengthened our sense that modern science is supranational,it has long been beyond the geographical and beyond the human imagination.That is why the monopolization of its results has become a dangerous phenomenon fora society that has lost the ability to control the processes within itself and has becomedependent on external processes, which are controlled by a small percentage of intellectualproperty market participants.Today, Ukraine has become an Eastern European hub in the field of harmonizationof private and public interests in the field of health care with the mechanisms ofintellectual property rights, and the ongoing patent reform is a breakthrough success.It should be noted that although it is extremely important for Ukraine to be able touse the flexible provisions of the TRIPS Agreement, both for the production of vaccinesand over time for drugs for specific treatment KOVID, the Government shouldkeep in mind the need to clarify the production capacity of domestic producers. , toallow the production of such vaccines and drugs exclusively for the national market,at least at the first stage, as the priority is to meet the needs of the national patient.And, of course, compulsory know-how licenses (trade secrets) should contain provisionslimiting the time and number of doses produced by analogy with compulsory licensesfor inventions.


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.


2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.


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.


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