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CHAPTER VIII

INTELLECTUAL PROPERTY RIGHTS LAW

A. Interpreting Intellectual Property Rights

IPRs fall into the category of movable objects and are attached to the legal provisions of movable
objects, including their position as a guarantee.

A firm statement with the basis of the law can at least be seen through the provisions of Article 16
Paragraph (1) of Law Number 28 Year 2014 on Copyright or hereinafter in this book referred to as the
Copyright Law which states that copyright is an intangible movable object.

IPR is a movable object that has a high potential economic value resulting from the potential efforts of
human intellectuality.

B. Copyright

Copyright is born from a process of creativity called creating. A person who carries out the process is
called the Creator. When a creator carries out the process of creating, the result of the process is called
creation. When the creation was born, that's when the exclusive rights for the Creator called Copyright
arose.

1. Created by

Article 1 Point 3 of the Copyright Law defines Creation as any creative work expressed in tangible form.
Article 40 Paragraph (1) of the Copyright Law states that protected creations include the following
creations:

a. all other written works;

b. Lectures, lectures, speeches, and other similar creations;

c. Props made for the benefit of education and science,

d. Songs and/or music with or without text:

e Drama, musical drama, dance, choreography, puppetry, and pantomime

f. Works of fine art in all forms

g Applied art works

h. Architectural works;

i Map:

j. Batik art or other motif art

k. Photographic works;

l. Portrait
m. Cinematographic works:

n. Translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements,

o. Translation, adaptation, arrangement, transformation or modification of traditional cultural

p. Compilation of creations or data

q Compilation of traditional cultural expressions as long as the compilation is an original work,

r. Video games

s. Computer program

Not all works can be protected by copyright. The absolute requirement of a work protected by copyright
is the real existence of the creation. Works that cannot be

2. Creator and Copyright Holder

Creator according to Article 1 Point 2 is a person or several persons who individually or jointly produce a
distinctive and personal creation.

Meanwhile, Article 1 Point 4 states that the Copyright Holder is the Creator as the owner of the
Copyright, the party who receives the right legally from the Creator, or other parties who receive further
rights from the party who receives the right legally.

As a Copyright holder, the Creator is entitled to moral rights and economic rights to a creation. Otto
Hasibuan explains that Moral Rights are rights inherent in the Creator (including the perpetrator) that
cannot be eliminated or removed without any reason.

Article 5 Avat (1) of the Copyright Law explains that Moral Rights are rights that are eternally attached to
the Creator to:

a. To continue to include or not include his/her name on copies in connection with the public use of
his/her Work,

b. Using his/her alias or cover name;

c. Alter his/her creation in accordance with the propriety in society,

d. Changing the title and subtitle of the Creation: and

e. Defend his/her rights in the event of distortion of the Creation, mutilation of the Creation,
modification of the Creation, or anything that is detrimental to his/her personal honor or reputation.

The economic right is the right for the copyright owner to obtain economic benefits from the use of the
work he holds. The Creator or Copyright Holder has the Economic Right to do

a. Publishing of creations;

b. Procurement of creation in all its forms;

d Adapting, arranging, or transforming the Creation:

e. Distribution of the Creation or its copies

f. Performance of Creation

g. Announcement of Creation;

h. Creation Communication, and

i. Creation rental.

The position of moral rights is eternal. In contrast, economic rights are transferable.

A creation can also be realized because of a working relationship. Article 35 Paragraph (1) of the
Copyright Law states that unless otherwise agreed, the Copyright Holder of the Creation made by the
Creator in official relations, which is considered as the Creator, is a government agency.Meanwhile,
Article 36 of the Copyright Law states that unless otherwise agreed. The Creator and the Copyright
Holder of a Creation made in a working relationship or based on an order are the parties who make the
Creation.

C. Patent

The Patent Law in Article 1 Point (1) defines Patent as an exclusive right granted by the state to inventors
for their inventions in the field of technology for a certain period of time to carry out the invention
themselves or to give approval to other parties to carry it out.

Patets are closely related to inventions. Another word for invention is discovery. Article 1 Point 2 of the
Patent Law states that an Invention is an inventor's idea that is poured into a specific problem-solving
activity in the field of technology in the form of a product or process, or the improvement and
development of a product or process.

There are two types of patents, including:

1 Ordinary patent (Article 33 Paragraph (1))

2. Simple patent (Article 33 Paragraph (2)).

A patent as something new deserves to be protected to reward the owner of the invention. According to
Article 4 of the Patent Law, inventions that are not protected by Patents include:

1. Aesthetic creation;

2. Scheme

3. Rules and methods for conducting activities:

a. One that involves mental activity:

b. Games, and

c. lumis
4. Rules and methods that contain only computer programs,

5. Presentation of information; and

6.Discovery (dacovery) form:

a. A new use for an existing and recognized product

b. A new form of an existing compound that does not result in a significant increase in efficacy and
where there are known differences in the associated chemical structure of the compound

Inventors and Patent Holders

Inventor according to the Patent Law is a person or several persons who jointly carry out an idea that is
poured into an activity that produces an invention (Article 1 Point (3)). The Patent Holder itself based on
Article 1 Point 6 is identified as the inventor as the Patent owner, the party who receives the right to the
Patent from the Patent owner, or other parties who receive further rights to the Patent registered in the
Patent general list.

Article 19 Paragraph (1) of the Patent Law states that the Patent Holder has the exclusive right to
exercise the Patent owned by him and to prohibit other parties without his consent.

Based on the exclusive rights for patent holders, it can also be concluded that patents can take the form
of products or processes. Patents can also take the form of formulas, such as medicines.

D. Brand

Article 1 Point 1 of the Trademark and GI Law defines Trademark as a sign that can be displayed
graphically in the form of images, logos, names, words, letters, numbers, color arrangements that aim to
distinguish goods or services produced by persons or legal entities in the trading activities of goods or
services.

There are 3 types of brands, including:

1. Trademark

2. Jana Brand

3.Collective Brands

Geographical Indication (GI)

Article 1 Point 6 of the Trademark and GI Law states that Geographical Indication or hereinafter referred
to as GI is a sign indicating the area of origin of a good and/or product which due to geographical
environmental factors including natural factors, human factors or a combination of both factors gives a
certain reputation, quality, and characteristics to the goods and/or products produced.

IG shows the uniqueness of a particular region that causes a product will only have a distinctive quality if
it comes from that region.

Parties that can file a claim for an IG based on Article 53 Paragraph (3) are:

1. Institutions that represent people in a particular geographical area in the form of:
a. Natural resources:

b. Handicraft goods; or

c. Industrial products.

2. Provincial or district / city regional government. According to Article 56 Paragraph (1) of the MIG Law
states that the IG Application cannot be registered if:

1. Contrary to the country's ideology

2. Misleading or deceiving the public

3. A name that has been used as a plant variety and is used for similar plant varieties.

Furthermore, Article 56 Paragraph (2) states that the IG Application is rejected if:

1. IG Description document cannot be verified

2. Has similarities in its entirety with an already registered IG.

F. Trade Secrets

Article 1 Number 1 of Law Number 30 Year 2000 UURD defines Trade Secret as information that is not
known by the public in the field of technology and/or business, has economic value because it is useful
in business activities, and is kept confidential by the owner of the Trade Secret.

G. Industrial Design

Industrial Design is regulated in Law No. 31 of UUDI provides a definition of Industrial Design as a
creation on the form, configuration, or composition of lines, or colors or lines and colors, or a
combination thereof in the form of three dimensions or two dimensions that give rise to an aesthetic
impression and can be realized in three-dimensional or two-dimensional patterns and can be used to
produce a product, goods, industrial commodities, or handicrafts.

In simple terms, industrial design can be interpreted as a look, stature, or appearance of a product.

An industrial design gives rise to rights for the party who designs it. Article 1 Point 5 of UUDI defines
Industrial Design Right as an exclusive right granted by the Republic of Indonesia to the designer on
his/her creation for a certain period of time to implement it by himself/herself, or to give his/her consent
to other parties to implement the right.

H. New Plant Varieties

According to Article 1 Point 3 of the PVP Law, a plant variety is a group of plants of a type or species
characterized by the shape of the plant.Article 2 Paragraph (1) of the PVP Law states that Varieties that
can be granted PVP include varieties of plant types or species that are new, unique, uniform, stable, and
named.

i. Integrated Circuit Layout Design

Article 1 Point 2 of the UUDTLST defines Integrated Circuit Layout Design or hereinafter DTLST as a
creation in the form of a three-dimensional layout design of various elements, at least one of which is an
active element, as well as some or all of the interconnections in an integrated circuit and the three-
dimensional layout is intended for the preparation of an Integrated Circuit.

The form of DTLST can be seen on the inside of the smartphone or computer that we have