Intellectual Property Right is referred to as “IPR”.
Right emerges or is born to the result of a thought (human intellectual ability) that generate a product or process that is useful to humans. Intellectual work in question namely in the field of science, art, literature or technology is born with the sacrifice of energy, time and even cost. In essence, IPR is the right to enjoy the economical benefit of an intellectual creation.
An object arranged in IPR is a work that arises or is born as a human intellectual ability and the right of private (private right). One is free whether to apply or register his intellectual work or not. The exclusive right granted by government to the individual as IPR actors (inventors, creators, designers, and so on) are intended as an appreciation for the work (creativity). Besides it is to lure individuals / IPR actors or the other as well as to stimulate their innovation and sustainability to develop the innovation.
Field of Intellectual Property Right
In general Intellectual Property Right is divided into two (2) parts, namely:
- Copyright (copyright)
- Industrial property right which includes:
- Mark (trademark)
- Industrial design
- The design of integrated circuit layout (a layout design of integrated circuit);
- Trade secrets
BENEFITS OF OWNING INTELLECTUAL PROPERTY RIGHT
- For the business world, it is to protect against misuse or counterfeiting intellectual property owned by the other party in the country and abroad. Companies that have developed gain a positive image in the competition if it has legal protection in the field of IPR.
- For inventors, it could guarantee legal certainty to both individuals and groups and protected from loss due to forgery and cheating others.
- For the government, it is a positive image of the government to implement IPR at WTO level, besides the foreign exchange earnings derived from IPR registration.
- For right holders, the existence of legal certainty to conduct their business without interference from other parties.
- Rights holders can bring a legal action both through civil and criminal code in case of infringement / impersonation.
- The right holder can grant permission or license to other parties.
AGENCY HANDLING WORLD INTELLECTUAL PROPERTY RIGHT
The agency is the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations. Indonesia is a member of the ratification of the Paris Convention for the Protection of Industrial Property and Convention Establishing the World Intellectual Property Organization.
LEGAL BASIS OF IPR
Below are several Indonesia laws and regulations in IPR :
- World Trade Law No. 7 of 1994 on the Agreement On Organization Establishment
- Law No. 30 of 2000 on Trade Secrets
- Law No. 32 of 2000 on Layout Designs of Integrated Circuits
- Law No. 14 of 2001 on Patents
- Law No. 15 of 2001 on Marks
- Law No . 19 of 2002 on Copyright