scholarly journals PENERAPAN HUKUM ACARA PENGADILAN NIAGA YANG BERADA DALAM LINGKUP PERADILAN UMUM

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Ladju Kusmawardi ◽  
Kholis Roisah
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Research Area ◽  
District Court ◽  
Primary Data ◽  
Research Subjects ◽  
Court Judge

<p>The Commercial Court is a special court within the General Courts. This<br />Commercial Court has the authority to accept, examine and adjudicate the case for<br />an application for bankruptcy statements, request for a delay in the obligation to pay<br />debts (PKPU), other claims and intellectual property rights (IPR).This study aims to<br />determine the scope of duties and authority of the Commercial Court, the legal<br />standing of Creditors and Debtors after the dispute has been decided by Hakim<br />Niaga and has permanent legal force and the implementation of the execution at the<br />Commercial Court. The approach method used in this research is sociological<br />juridical with the Semarang City research area, especially the Semarang<br />Commercial Court. The research subjects included those involved in the proceedings<br />at the Semarang Commercial Court. Primary data and secondary data are obtained<br />through field surveys and literature studies.Based on the research and analysis<br />results, it is known that the scope of duties and authority of the Commercial Court is<br />to accept, examine and decide on the case for an application for bankruptcy<br />statements, postponement of the obligation to pay debts (PKPU), other claims and<br />cases included in the field of intellectual property rights (IPR).The legal standing of<br />the parties is that for the Debtor after being declared bankrupt by the Commercial<br />Court Judge, he loses the right to manage the bankrupt assets owned by him, but the<br />Debtor's civil rights as a person (personrechi) is not lost.Regarding the execution of<br />the Commercial Court that is still guided by the provisions of HI R / RBg as the<br />execution of civil cases in the District Court, this is because Law No. 4 of 1998 has<br />not been regulated separately. Especially for the execution of the forged Brand case,<br />the mark of the falsified goods / products is carried out at the Directorate General of<br />Trademark, Copy and Patent of the Ministry of Justice and Human Rights in Jakarta</p>

scholarly journals APPLICATION OF NATURAL LAW THEORY (THE NATURAL RIGHT) TO PROTECT THE INTELLECTUAL PROPERTY

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Prasetyo Hadi Purwandoko ◽  
M. Najib Imanullah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Natural Law ◽  
Secondary Data ◽  
Primary Data ◽  
Philosophical Foundation ◽  
Individual Property ◽  
Natural Right ◽  
Natural Law Theory

<p align="center"><strong>ABSTRACT</strong></p><p>The theory of natural law is usually used as a moral and philosophical foundation in order to protect the individuals property rights of Intellectual Property (IP). Philosophically, the protection of  Intellectual Property Rights (IPR) can not be separated from the dominant thought that emphasizes the doctrine of natural human factors research. This study is legal research by using law and historical approach. The analysis of primary data is qualitatively through internal valuing to obtain a complete understanding (verstehen), while the secondary data such as law material is analyzed using hermeneutics (interpretation), content analysis and deductive method. The result shows that in respect of the development of the theory of natural law, there are four dominant theory of natural law to examine IP namely utilitarian theory, labor theory, personality theory, and social-planning theories. Moral doctrine which is based on natural law was adopted by the IPR regime to protect the individual owners of IPRs in order to that rights  would not be violated by others. The natural law theory (the natural right) is still relevant to be used as a moral and philosophical foundation for the protection of IPR, as an individual property rights.</p><p><strong>Keywords</strong>: Intellectual Property, Intellectual Property Rights, traditional cultural expression, Protection</p>

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

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

2018 ◽  
Author(s):  
putri indah sari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Production Process ◽  
Intellectual Property Rights ◽  
Secondary Data ◽  
Patent Law ◽  
Moral Rights ◽  
Not Given ◽  
Intellectual Work ◽  
The Government

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.

scholarly journals Analisis Penyelesaian Sengketa Terhadap Hak Merek Atas Putusan Geprek Bensu Melawan I Am Geprek Bensu

2021 ◽  
Vol 2 (1) ◽  
pp. 24-35
Author(s):  
Lompoh Egia Nuansa Pinem ◽  
Ni Luh Dwik Suryacahyani Gunadi
Keyword(s):  
Data Analysis ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Qualitative Data ◽  
Secondary Data ◽  
Primary Data ◽  
Geographical Indications ◽  
Trade Disputes ◽  
Data Analysis Methods

In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collection of primary data and secondary data as well as by the literature approach. Data analysis in this study used qualitative data analysis methods.

scholarly journals Pelindungan Hukum Hak Kekayaan Intelektual Pada Produk Ekonomi Kreatif (Protection Of Intellectual Property Rights On Creative Economic Products)

2017 ◽  
Vol 9 (1) ◽  
Author(s):  
Sulasi Rongiyati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Local Level ◽  
Legal Protection ◽  
Economic Benefits ◽  
Primary Data ◽  
Creative Economy ◽  
The Government

As a result of creativity, the creative economy product is an intellectual property that needs to be recognized as an intellectual work that has economic value and gets legal protection. This study analyzes the regulations established by the Government in providing protection against intellectual property rights (IPRs) to ekraf products and the application of such regulations in the city of Surakarta, Central Java and Denpasar City, Bali. Through normative and empirical juridical research methods, secondary and primary data are processed and analyzed qualitatively. The result of the research stated that IPRs protection policy toward creative economy product has been done by the government through IPRs legislations and regional policy related to IPRs protection for creative economy product referring to national policy. Preventive protection is provided through law in the form of economic benefits for the actors who register IPRs of creative economy product. However, the level of public awareness and understanding of the importance of IPRs, the communal nature of creative economy actors in Indonesia, and the nature of IPRs that must be registered for legal protection, cause IPRs protection for creative economy perpetrators is not optimal. At the level of implementation, the awareness and understanding of the perpetrators of the property rights become the key to the success of IPRs protection by the government. The lack of regional alignments has an impact on the not yet optimal economic benefits received by creative economy actors. Therefore, the government should intensify the socialization of IPRs and facilitate the registration of IPRs  for the perpetrators of creative economy. Institutional and regulatory support at the local level is also important to develop and protect the creative economy product.AbstrakSebagai suatu karya kreativitas, produk ekonomi kreatif (ekraf) merupakan kekayaan intelektual yang perlu mendapat penghargaan sebagai suatu karya intelektual yang memiliki nilai ekonomi dan memperoleh pelindungan hukum. Penelitian ini menganalisis mengenai regulasi yang dibentuk Pemerintah dalam memberikan pelindungan terhadap hak kekayaan intelektual (HKI) terhadap produk ekraf dan penerapan regulasi tersebut di kota Surakarta, Jawa Tengah dan Kota Denpasar, Bali. Melalui metode penelitian yuridis normatif dan empiris, data sekunder dan primer diolah dan dianalisis secara kualitatif. Hasil penelitian menyebutkan, kebijakan pelindungan HKI terhadap produk ekraf telah dilakukan oleh pemerintah melalui peraturan perundang-undangan bidang HKI dan kebijakan daerah terkait pelindungan HKI untuk produk ekraf mengacu pada kebijakan tingkat nasional. Pelindungan preventif diberikan melalui UU berupa manfaat ekonomi bagi pelaku ekraf yang mendaftarkan HKInya. Namun, tingkat kesadaran masyarakat dan pemahaman pentingnya HKI, sifat komunal pelaku ekraf di Indonesia, dan sifat HKI yang harus didaftarkan untuk mendapat pelindungan hukum, menyebabkan pelindungan HKI untuk pelaku ekraf belum optimal. Pada tataran implementasi, kesadaran dan pemahaman pelaku ekraf atas kekayaan intelektualnya menjadi kunci keberhasilan pelindungan HKI yang dilakukan oleh pemerintah. Minimnya keberpihakan daerah berdampak pada belum optimalnya manfaat ekonomi yang diterima pelaku ekraf. Oleh karenanya pemerintah perlu menggiatkan sosialisasi HKI dan memfasilitasi pendaftaran HKI untuk pelaku ekraf. Dukungan kelembagaan dan regulasi pada tingkat daerah juga penting dilakukan untuk mengembangkan dan melindungi produk ekraf. 

scholarly journals Hak Sipil dan Politik Kaum Marginal: Upaya dan Perjuangan Kelompok Transpuan di Kota Pangkalpinang

2021 ◽  
Vol 1 (1) ◽  
pp. 39-46
Author(s):  
Fabiancha Embun Balqis
Keyword(s):  
Civil Rights ◽  
Secondary Data ◽  
Primary Data ◽  
Political Rights ◽  
Research Subjects ◽  
Research Focus ◽  
Marginal Groups ◽  
Civil And Political Rights ◽  
The Government ◽  
Depth Interviews

The purpose of this study is to describe how the Civil and Political Rights of the Transpuan group in Pangkalpinang City fulfill the Civil and Political Rights and to describe the efforts made by the group in fighting for civil and political rights as citizens. The primary data sources used were observations and in-depth interviews with Transpuan in Pangkalpinang City regarding the class struggle of the Transpuan group in Pangkalpinang City as marginal groups. At the same time, the secondary data are books, journals, theses from previous research, and internet sources relevant and related to the research focus. The research subjects who will be informants are Transpuan in Pangkalpinang City, Transpuan from Pangkalpinang City and its surroundings, and Transpuan from outside the Bangka Belitung Islands Province. The results of this study state that the fulfillment of the civil rights of Transpuan in Pangkalpinang City by the government has not been fully implemented.

scholarly journals The Effectiveness of Intellectual Property Rights Protection to Improve Creative Economy Realization in Semarang District

2021 ◽  
Vol 56 (2) ◽  
pp. 385-393
Author(s):  
Anis Mashdurohatun ◽  
Indra Yuliawan ◽  
Adhi Budi Susilo ◽  
Andri Winjaya Laksamana ◽  
M. Ali Mansyur
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Driving Force ◽  
Added Value ◽  
Primary Data ◽  
Creative Economy ◽  
Intellectual Property Rights Protection ◽  
The Government ◽  
The Ideal

Law No. 24 of 2019 concerning the creative economy states that wealth is a cultural heritage that needs to be utilized. It further becomes a product that creates added value where the Government and Local Government are responsible for creating and developing a creative economy ecosystem. Even though it is legalized in regulations, the management of Intellectual Property Rights in the Regency Semarang is still minimal. The research objectives are to study and analyze the effectiveness of protection of intellectual property rights as a driving force for the creative economy and formulate the ideal role of the Semarang district government in encouraging the realization of the creative economy. The juridical-empirical research method used primary data. The results of this study are that the protection of intellectual property rights as a driving force for the creative economy has not been effective. The number of registered brands from 2018-2020 is 174, which is not comparable to the number of MSME management industries in Semarang Regency. The people still have low legal awareness, lack of business capital, and little knowledge of the community's intellectual property. The ideal government of the Semarang district in encouraging the realization of the creative economy has four fields: the formation of regulations, managing the legality of MSMEs, access to business capital, management, and the MSMEs market.

Civil legal method of protection of intellectual property rights

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Korotun O.M. ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Legal Analysis ◽  
Procedural Law ◽  
Legal Method ◽  
Legal Literature ◽  
Subjective Rights

The article draws attention to the specifics of protection of intellectual property rights in Ukraine by civil and special legislation, the rules of which are designed to protect the subjective rights of right holders and other participants in legal relations in the field of intellectual property. Some aspects of the legal nature of jurisdictional remedies are studied. Attention is paid to the specifics of protection of intellectual property rights by civil law, which consists primarily in the methods of protection provided by procedural law. The legislation, the norms of which guarantee the protection of intellectual property and the ways of protection of civil rights are outlined. The existing in the legal literature different views on the classification of methods of protection of property rights are analyzed. The legal analysis of the application of the vindication claim as a means of protection of intellectual property rights is carried out and the author's proposals are formulated. Keywords: civil law, intellectual property, lawsuit, protection

scholarly journals Zakat Atas Hak Kekayaan Intelektual Perspektif Teori An-Nama’ Yusuf Qaradhawi

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Imam Agung Prakoso
Keyword(s):  
Content Analysis ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Economic Value ◽  
Secondary Data ◽  
Intellectual Property Right ◽  
Library Research ◽  
Intellectual Creativity

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.

scholarly journals European Union view on Personal Data in Intellectual Property Rights

2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Personal Information ◽  
Personal Data ◽  
Legal Framework ◽  
Point Of View ◽  
Data Market ◽  
The Republic

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.

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