scholarly journals Intellectual Property Rights in the P.R.C.: Impediments to Protection and the Need for the Rule of Law

1996 ◽  
Vol 15 (1) ◽  
Author(s):  
Jeffrey W. Berkman
FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
Dani Amran Hakim

Law business competition in the country Indonesia know the exceptions  to assert that a the rule of law expressed does not apply for those kind certain agents or behavior particular activity. Law competition business environment in general grant an exemption on the basis of agreement , for example agreement intellectual property rights (IPR). IPR is incentives and reason was given the right monopolizes and protection because IPR need resources and time in an effort to get it, based on article 50 alphabet b Law on Business Competition. An exemption based on article 50 alphabet b Law on Business Competition the elaborated competition supervisory commission by issuing commission rules business competition supervisory Law Number 2 of 2009 on Exceptions The Application of the Law Number 5 of 1999 on Prohibition of Monopoly and Unfair Business Competition of a Pertaining to Intellectual Property Rights Scope arrangement based on Commission Rules Business Competition Supervisory Number 2 of 2009 is: (1) the license agreement that is in scope patent, the right brand, copyright, the right industrial design, the right design the layout integrated circuit and the right trade. (2) Trademark and brand services. (3) the design layout integrated circuit. Keywords: Exeptions, Intellectal Property Rights, Business Competition Law


2018 ◽  
Vol 26 (1) ◽  
pp. 142
Author(s):  
Abdul Atsar

Indonesia is a country that has a wealth of marine genetic resources of interest to researchers and scientists to do research in order to produce findings and new innovations. Thus, the necessary arrangements are clear and unequivocal. The implementation of the system of intellectual property rights requires not only good legislation in the field of intellectual property, but also need to be supported by the Administration, the rule of law as well as the optimal dissemination programs about intellectual property rights. At present, Indonesia has had a device regulation in the field of intellectual property that protects marine genetic resources, namely Act No. 13 of the year 2016 about patents. Since the year 2000, the filing of the application for intellectual property rights can be made at the offices of the Ministry of Justice and human rights areas. This can be seen with the promulgation of Act No. 13 of the year 2016. Through this Act an awful lot of refinement and the addition of the former patent laws i.e. Law No. 14 of the year 2001. As for the formulation of the problem in this research is how Government policy in the field of the protection of genetic resources of the sea in Indonesia in order to maintain and manage the natural resources of the sea. The results showed that decisive action from the Government in preventing violations of patents in the form of damages for Patent holders that have been used by other parties without permission from the patent holder. It also ordered the violators with stops in producing goods that have been patented.


2020 ◽  
Vol 4 (1) ◽  
pp. 46
Author(s):  
ADHITYA WIDYA KARTIKA ◽  
SUTRISNO SUTRISNO

<p>Norms or rules are a code of conduct for human life including legal norms that are strict and direct sanctions. One of the legal products made by legislative drafters is regeling, for example laws that are made, discussed, and agreed upon between the President<br />and the House of Representatives. Legislation must be made to have a purpose. This has the understanding that a statutory regulation is a joint goal between the Government and the people represented by the House of Representatives. Another aspect is that regulations are expected to be effective. In connection with norms in the constitution referred to as the rule of law, this means that all forms of community and government behavior must be in accordance with and must not violate the laws and regulations. One of the rule of law in Indonesia is that the actions of the government must be in accordance with the laws and regulations. If we look at research in villages in SekaranSubdistrict, there are resources and potentials at a local scale that can be increased to increase village empowerment and economy. On the other side, there are laws and regulations related to this matter. This happens due to lack of socialization related to the regulation (village and intellectual property rights) so that the implementation cannot be carried out optimally. So the socialization of a regulation so as to increase the realization of the purpose of the regulation is made important. This research uses descriptive analytical method.</p>


2007 ◽  
Vol 191 ◽  
pp. 742-744
Author(s):  
Huang Dongli

In her article, Julia Ya Qin draws conclusions from the accession of China to the WTO which reflects the effects of WTO obligations on China's constitutional law, the development of foreign trade law, the foreign investment regime, intellectual property rights protections and general rule-of-law conditions. With respect to foreign trade law, the foreign investment regime and intellectual property rights protections, it is not difficult to observe the legal consequences the accession has brought and will bring to China. However, Qin's article goes beyond these general observations and provides profound insights on significant effects of the WTO obligations on China's economic reforms as well as rule of law processes. This essay comments on arguments she has presented on these issues.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced


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