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 Trips Agreement Dan Standarisasi Hukum Perlindungan Hak Kekayaan Industri Di Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 19-29
Author(s):  
Rani Fadhila Syafrinaldi ◽  
David Hardiago
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Intellectual Property Right ◽  
Industrial Property ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection

Trade Related Aspects of Intellectual Property Right Agreement 1995 (TRPS Agreement) is an international provision in the field of intellectual property rights protection that applies universally. Indonesia as a country of law, has all laws relating to the protection of intellectual property rights with reference to the TRIPS Agreement. The TRIPS Agreemnt formulation must also refer to the Paris Convention For the Protection of Industrial Property, 1883 which has been recognized as the legal basis for the protection of intellectual property rights globally. Protection of industrial assets consisting of Patents, Trademarks, Trade Secrets, Industrial designs, Protection of Plant Varieties and Layout Designs of Integrated Circuits must be carried out by the state towards the holders of the said industrial property rights

scholarly journals Perlindungan Hukum Terhadap Produk Indikasi Geografis dari Tindakan Peniruan

2019 ◽  
Vol 8 (1) ◽  
pp. 49
Author(s):  
Anak Agung Ngurah Tresna Adnyana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Legal Protection ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Certainty ◽  
Empirical Law

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.

scholarly journals PLANT VARIETY PROTECTION IN AFRICA: TOWARDS COMPLIANCE WITH THE TRIPS AGREEMENT

2001 ◽  
Vol 45 (1) ◽  
pp. 97-122 ◽  
Author(s):  
Philippe Cullet
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trips Agreement ◽  
Member States ◽  
Plant Variety Protection ◽  
Plant Variety ◽  
Variety Protection

Plant variety protection has come to the fore in the wake of the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). TRIPS generally imposes the patentability of inventions, whether products or processes, in all fields of technology and specifically mandates the introduction of a form of legal protection on plant varieties. Article 27.3(b) thus states that member states “shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.”

scholarly journals FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”

2019 ◽  
Vol 2 (42) ◽  
pp. 99-116
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Legal Rights ◽  
Legal Personality

The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.

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.

scholarly journals Urgency of changes in legal regulation of property relations on plant varieties in connection with recodification of the Civil Code of Ukraine

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Pushkar Maryna ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Right ◽  
Intellectual Property Right ◽  
Intellectual Property Rights Protection ◽  
Plant Variety ◽  
State Registration

The urgency of the study liesin the development by scientists of the draft Law on recodification (update) of civil legislation of Ukraine. The article analyzes the norms of the Civil Code of Ukraine in the field of state registration of intellectual property rights to plant varieties for compliance with international norms, the binding nature of which is recognized by Ukraine. The norms of Article 485 of the Civil Code of Ukraine stipulate that the intellectual property right to a plant variety consists of: 1) personal in tangible intellectual property rights to a plant variety, certified by state registration; 2) intellectual property rights to a plant variety, certified by a patent; 3) property right of intellectual property for the distribution of plant varieties, certified by state registration. Norms of international acts in the field of intellectual property, namely: the International Convention for the Protection of New Varieties of Plants, the Association Agreement between Ukraine and the EU, Council Regulation (EC) № 2100/94 of July 27, 1994 «On Plant Variety Rights» property rights to plant varieties: certified by a patent and certified by the state registration for the distribution of plant varieties is not provided. This legislative discrepancy can be a serious obstacle to the protection of plant variety rights, especially at the time of litigation. This is a negative factor for cooperation in agriculture and breeding, as well as in the sector of ensuring a competitive environment in agricultural production. Keywords: intellectual property, legal regulation, registration of intellectual property rights to plant varieties, intellectual property rights to a plant variety, certified by a patent, intellectual property rights to the distribution of plant varieties, certified by state registration, protection of intellectual property rights, protection of new plant varieties

scholarly journals Perlindungan Hukum terhadap Karya Cipta Fotografi

2020 ◽  
Vol 1 (1) ◽  
pp. 33-38
Author(s):  
I Kadek Candra Wisesa ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Digital Cameras ◽  
Legal Research ◽  
The Republic

The richness in the diversity of arts and cultures can be found in the Republic of Indonesia. Intellectual property rights obtain protection as stipulated in legislation, including Law Number 28 of 2014 concerning Copyright. The advancement in technology and the increasingly developing world of digital photography by means of digital cameras raises the legal issues of copyright in photographic works. The main issues examined in this paper are: the forms of legal protection of the rights of the creators of photographic works and the resolution of disputes of photographic works that are used without permission. The method used to examine this issue is the normative legal research method with a legislative approach. Copyright Protection of photographic works may be done in two ways, namely preventive in which legal protection given to the creator of photography which the creator shall done by registering the copyright, and repressive protection realised by filing a lawsuit in court if there is a violation of copyright in the photographic work. All rights reserved must always be appreciated by not committing violating actions which are arbitrarily committed especially if it relates to providing benefits for violators.

scholarly journals Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Horislavska Inna ◽  
◽  
Piddubnyi Oleksii ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
Animal Husbandry ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Exclusive Right

Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right

scholarly journals Intellectual Property Rights Protection in Nigeria

2020 ◽  
Vol 9 (2) ◽  
pp. 51-57
Author(s):  
Afolayan Oluyinka Titilope
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
National Development ◽  
Intellectual Property Right ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Creativity And Innovation ◽  
Positive Results

Intellectual property right protection is of growing importance in most countries of the world due to its role in the development of any nation. However, intellectual property rights protection in Nigeria has not yielded any positive results as expected due to the problem of weak enforcement and non-implementation of protection laws. In view of this, the main purpose of this article is to unravel the challenges militating against the protection of intellectual property rights of creators and inventors in Nigeria. This article further discusses the benefits of intellectual property rights protection. Challenges contributing to weak enforcement of intellectual property rights were also identified in this article. In conclusion, intellectual property rights protection in Nigeria should be given the highest priority by government to aid national development as well as promoting creativity and innovation on the part of creators and inventors.

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