scholarly journals Public Domain in Dispute Settlement of Cancellation of Industrial Design Rights

2020 ◽  
pp. 30-42
Author(s):  
Muchtar Anshary Hamid Labetubun
Keyword(s):  
Dispute Settlement ◽  
Industrial Design ◽  
Public Domain ◽  
Roll Forming ◽  
Economic Rights ◽  
Public Property ◽  
Four Square ◽  
Year 2000

Economic rights in Industrial Design have protection that is limited to a period of 10 years. After the expiration of protection, Industrial Designs that previously owned exclusive rights by the holders of rights to Industrial Design become public property; so that the Industrial Design has no obligation to ask permission to the rights’ holders for Industrial Design to use the Industrial Design. This is generally referred to as Public Domain, as stipulated in Article 2 paragraph (1) and (2) of Law Number 31 Year 2000 concerning Industrial Design, that "Design rights Industry is granted for a new Industrial Design, Industrial Design is considered new if on the date of Acceptance, the Industrial Design is not the same as pre-existing disclosures”. So basically, Industrial Design has a new principle. However, in reality, there are several cases of Industrial Design in resolving disputes over Industrial Design rights that have been registered, because the Industrial Design has become Public Domain, and there has been a cancellation of Industrial Designs including Cases: Industrial Design of Oil Bottles, Industrial Design of Lighters, Industrial Design of Packaging Boxes 4 (Four) Square, Industrial Design CBK 124 Cabinets, Garuda Motorcycles, Industrial Design Disk Places, Industrial Socks Design, Industrial Design Folding Iron Door Chains and Folding Iron Door Leaves, X2 Shoe Strip Industrial Designs, and Industrial Design TMS Roll Forming Machines Machine.

scholarly journals Aesthetic Performance Products as a Basis For Non Novelty of Industrial Design Based on The Public Domain Principle

Notaire ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 75
Author(s):  
Desy Rizki Ramadhani ◽  
Puteri Melati ◽  
Camellia Anand
Keyword(s):  
Industrial Design ◽  
Public Domain ◽  
Product Performance ◽  
External Appearance ◽  
The Public ◽  
Public Property ◽  
Photographic Evidence ◽  
Design Law ◽  
The Aesthetic ◽  
Protection Period

Comparative products are very important and must be considered about it because, Industrial Design assesses the performance of products that can be proven from evidence that can be seen or assessed by clear eye such as photographic evidence, catalogs or other evidence that can be proved bye Industrial Design which has existed before. Industrial design is based on its external appearance which does not have an aesthetic impression and contradicts Article 1 point 1 of the Industrial Design Law and article 25 Paragraph 1 of the TRIPs agreement, which is form creation, solely for function or technical configuration. Aesthetically cannot be registered. In the absence of aesthetic elements, the product performance can be used as the basis for the absence of new industrial designs based on the principle of "Public Domain", considering the aesthetic elements are one of the requirements of an item that can be categorized as Industrial Design. In the other hand, the protection period has expired and became a "Public Domain" then it can be registered as an Industrial Design if it packed with an aesthetic elements. If an item does not have an aesthetic impression, it can be ascertained that the item is not an industrial design and can be possible not to have novelty and become public property. Aesthetic impressions do not contradict with the laws and regulations, but this is an important requirement so the design can be categorized as an industrial design. In ordinance No. 31 in 2000 concerning Industrial Design itself does not limit of the notion novelty and aesthetics so, the multiple interpretations are often occur.

scholarly journals Ownership structure and performance: Empirical evidence from Chilean firms

2006 ◽  
Vol 3 (4) ◽  
pp. 175-183 ◽  
Author(s):  
Francisca Silva ◽  
Nicolás Majluf ◽  
Ricardo D. Paredes
Keyword(s):  
Ownership Structure ◽  
Value Creation ◽  
Business Group ◽  
Publicly Traded ◽  
Economic Rights ◽  
Controlling Shareholder ◽  
Economic Forces ◽  
And Performance ◽  
Year 2000 ◽  
Majority Shareholder

This paper analyses the effect of ownership structure (represented by the concentration of the economic rights of the majority shareholder, and the affiliation to a business group) on performance. From a crosssection of publicly traded Chilean firms in the year 2000, we find evidence that the effects on performance depend on ownership concentration in a non-linear way, showing the changing balance of two opposing economic forces: value creation and value expropriation by the controlling shareholder. For the entire sample, the mere fact that a firm is owned by a business group does not affect performance

scholarly journals KRITERIA TANDA PUBLIC DOMAIN YANG DIGUNAKAN SEBAGAI MEREK

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Arthur Novy Tuwaidan
Keyword(s):  
Public Good ◽  
Government Policy ◽  
Public Domain ◽  
Public Knowledge ◽  
Geographical Indications ◽  
Legal Research ◽  
Trademark Law ◽  
The Public ◽  
Public Property ◽  
Protection Period

This study examines the Criteria for Signs of Public Domain Used as a Brand. This research is legal research by using a method that is in accordance with the scientific characteristics of Law (jurisprudence), namely normative legal research. Concluded also some signs of criteria in the Public Domain Trademark law, namely: Public Domain because it is over the protection period, the Public Domain for distinguishing the substantive requirements are not met. (Article 20 letter (f) UU No. 16/2016 on Trademarks and Geographical Indications), Public Domain because it includes the area of public property, Public Domain because it does not open rivalry, Public Domain because it includes Public Knowledge. Public Domain since its birth, Public Domain because of government policy, Public Domain because something that can be enjoyed by everyone at any time, Public Domain because it is a public good, and Public Domain because there is no scarcity and is available to all

Epilogue

2014 ◽  
Author(s):  
Ekaterina Pravilova
Keyword(s):  
Property Rights ◽  
Public Domain ◽  
The Other ◽  
Soviet Period ◽  
Public Property ◽  
History Of

This epilogue provides a glimpse into the history of property rights and the fate of the idea of public property during the Soviet period. Quite characteristically, the idea of a public domain was rejected in 1917 and then enjoyed a short revival in the 1920s. Eventually, it proved to be incompatible with the socialist order. However, although they were inherently adverse to socialism, prerevolutionary projects to create a public domain very much anticipated the reforms later conducted by the Bolshevik government, including the expropriation of publicly important resources. The idea of the collective freedom of society proved to be both controversial and ambivalent, subject to opposing interpretations—one liberal, the other totalitarian.

scholarly journals Pelaksanaan Perlindungan Hukum bagi Pemilik Hak Cipta Musik dan Lagu dalam Pembayaran Royalti oleh Yayasan Karya Cipta Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 89-94
Author(s):  
Ni Made Harini ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Copyright Law ◽  
Legal Issues ◽  
Moral Rights ◽  
Data Sources ◽  
Legal Research ◽  
Conceptual Approach ◽  
Economic Rights

Copyright gives an exclusive title to the work of the author which is granted by law as an award. The copyright function protects creators from copyright infringement. This study aims to explain the form of legal protection for music and song copyright owners in royalty payments by the Indonesian copyright works foundation and to describe what factors influence royalty payments and dispute resolution efforts faced by music and song copyright holders in royalty payments by the Karya Foundation. Indonesian copyright. This type of research is an empirical legal research with a conceptual approach to legal issues of fact and sociology. The data sources used were primary and secondary legal materials. The results of the study indicated that copyright is regulated in Law Number 28 of 2014 concerning Copyright. The form of copyright law protection, namely legal protection of moral rights and legal protection of economic rights. Creators and the KCI Foundation have rights and obligations, in the process of paying royalties experiencing several obstacles and supporters experienced by the KCI Foundation creators and copyright users. Dispute settlement efforts through alternative arbitration and court dispute resolution.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMULIA TANAMAN

GANEC SWARA ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 499
Author(s):  
TITIN TITAWATI ◽  
ALINE FEBRYANI LOILEWEN ◽  
GEDE TUSAN ARDIKA
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Moral Rights ◽  
Legal Research ◽  
Economic Rights ◽  
Cultivation System ◽  
Plant Cultivation ◽  
Plant Variety ◽  
Variety Protection ◽  
Year 2000

This study aims to study and to analyze the legal protection for plant breeders and law enforcement for Plant Variety Protection (PVP). This research is a normative legal research, which is based on written legislation and various literatures related to this issue. The form of legal protection for plant breeders is Law Number. 29 of year 2000 concerning Protection of Plant Varieties, has provided legal protection for plant breeders, through Law No. 12 of year 1992 concerning the Plant Cultivation System (UUSBT) and Law No. 29 of year 2000 (UUPVT), UUPVT provides protection for breeders 'economic rights, while UUSBT provides protection for breeders' moral rights. Law enforcement against violations of PVP has been done well, this is evidenced by several cases submitted to the Court, but there are still some cases that are wrong in the application of the law. It is expected that the implementation of the PVP Invitation Act is more optimal

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