by Dharma Na Gara

Hukum Perdata-Civil LawJanuary 20, 20220 comments 0 Likes

Intellectual Property Rights

Are you a fan of Marvel Superheroes characters like Spiderman, Captain America and etc.? Fan of video game like GTA (Grand Theft Auto) or fans of box office movie or Disney? All of it was the result of intellectual works which has economic value that in the process of the creation and invention takes a lot of time, expenses and energies, hereby the brief review.

Definition of Intellectual Property Rights

Intellectual Property Rights (IPR) is a concept of rights, wealth, and the result of human intellectuality. IPR also described as the result of human thought or human creativity which produces a creation in art, literature, science and technology which has economic benefits. IPR also is economic rights that granted by law to a creator or inventor for a work of human intellectual ability.

IPR is a type of intangible movable goods that was first recognized in countries with an Anglo Saxon legal system (common law system). Intellectual Property Rights can be regarded as objects (zaak in Dutch language) as known in civil law. So that IPR as objects are assets that can be transferred to other parties, either in the form of buying and selling, inheritance, grants or special agreements such as licenses. The license agreement that is often used in the transfer of IPR is an agreement granting the right to use IPR (an information from a system or technology, the use of a logo, brand and trade name, patent or trade secret) in exchange for payment of royalties or fees or premiums by the licensee to the licensor. These agreements usually provide exclusive rights in the form of the use of economic rights to intellectual property rights.

Intellectual Property Rights can be considered as a valuable asset, this is because intellectual works in the fields of science, art, literature, or technology that were born with the sacrifice of energy, time and money make them precious and valuable. The economic benefits that can be enjoyed and the inherent economic value give rise to the concept of property for these intellectual works. For the business world, these works can be referred to as company assets.

IPR as movable objects that are intangible and have economic value, of course IPR can also be used as collateral in debt-receivable agreements. The old Copyright and Patent Laws did not stipulate regarding IPRs which could be used as collateral, but in the new amendments, namely Law Number 28 year 2014 regarding Copyright and Law Number 13 year 2016 regarding Patents stipulates that copyrights and patents can be used as objects of fiduciary guarantees.

Protected Creation

Article 40 paragraph 1 Indonesia’s Copyrights Law states that in this law protected works are creations in the fields of science, art, and literature which include:

1. Books, pamphlets, presentations of published works and all other written works;
2. Lectures, speeches and other similar creations;
3. Props made for the benefit of education and science;
4. Songs and/or music with or without subtitles;
5. Drama, musical drama, dance, choreography, wayang and pantomime;
6. Works of art in all forms such as painting, drawing, carving, calligraphy, sculpture, statue or artistic composition (kolase);
7. Applied works of art;
8. Architectural works of art;
9. Map;
10. Batik artworks or other motif art;
11. Photographic works;
12. Cinematographic works;
13. Portrait;
14. Translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications and other works resulting from the transformation.
15. Translation, adaptation, arrangement, transformation or modification of traditional cultural expressions;
16. Compilation of works or data, both in a format that can be read by computer programs or other media;
17. compilation of traditional cultural expressions as long as the compilation is an original work;
18. video games; and
19. computer programs.

IPR Branch

The IPR branch generally refers to TRIPs (Trade Related Aspects of Intellectual Property Organization) which is an agreement that regulates IPR provisions under the WTO (World Trade Organization). Some of the main elements according to TRIPs include:

1. Copyrights and related rights;
2. Trademark;
3. Geographical indicators;
4. Industrial design;
5. Patent;
6. Design of integrated circuits;
7. Protection of undisclosed information.

Benefits of IPR for Indonesia’s Development

In general, there are several benefits derived from a good IPR system, namely:

1. IPR can increase the growth of a country’s trade and investment;
2. IPR can develop and improve technology;
3. IPR is able to encourage companies to compete globally;
4. IPR can help increase inventory innovation effectively;
5. IPR can develop the socio-cultural community;
6. Intellectual Property Rights can maintain the company’s reputation in the international world for export purposes.

Intellectual Property Rights are able to provide benefits in various fields of life, both social and economic. In addition to economic benefits through trade and investment, intellectual property rights are also able to provide social and cultural benefits. The existence of IPR is able to change social behavior into behavior that always respects the work of others, such as copyright. Patent protection is also able to change social habits into positive behavior, namely always willing to develop science and technology through a research culture based on benefits for human life.

IPR Violation

Violation of intellectual property rights certainly has clear and definite legal consequences, such as the imposition of criminal sanctions, fines or both.

For more information, please consult with us.

Source:

Dr. Khoirul Hidayah, S.H.,M.H., 2020, Hukum HKI Hak Kekayaan Intelektual, Setara Press, Malang-Jawa Timur.