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Kajian Terhadap Kedudukan Pemerintah Daerah Sebagai Pemohon Dalam Perlindungan Indikasi Geografis Darwance, Darwance; sari, Rafiqa; Ramadhani, Tiara
PROGRESIF: Jurnal Hukum Vol 16 No 2 (2022): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v16i2.3504

Abstract

Data shows that Indonesia is a country that is rich in natural resources, even being the country with the most abundant natural resources in the world. From an intellectual property perspective, these potentials are products that can be protected based on communal ownership of geographical indications. After ratifying several international agreements, especially the TRIPs Agreement, Indonesia is obliged to have regulations that provide protection to geographical indications. In several existing regulations, local governments are given the authority as applicants when registering a product as a geographical indication at the ministry. In fact, the role of local governments is less than optimal, especially when viewed from the potential they have, plus regulations are not imperative. This research is normative with a statutory approach. From the results of the studies that have been carried out, it was found that the position of local governments in Law Number 20 of 2016 concerning Marks and Geographical Indications does not imperatively regulate the position of local governments specifically, so that only a few are registered due to the lack of local government contributions.
Hak Moral Kekayaan Intelektual: Telaah Etis Penggunaan Karya Cipta Tanpa Izin di Platform Media Sosial Darwance, Darwance; Supriyanto, Agustinus
PROGRESIF: Jurnal Hukum Vol 18 No 2 (2024): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v18i2.5732

Abstract

Basically, humans are always required to use their minds to think about God's creation, because thinking is an activity that humans cannot avoid in their lives. From this thought process, Intellectual Property Rights (IPR) were born which differ from one human to another because each human has different intellectual abilities. On the other hand, violations of IPR, such as unauthorized use or purchase of pirated works, continue to occur. This violation is not only against norms, but also morals and ethics. This research examines the relationship between ownership of IPR and violations of IPR from a moral and ethical perspective. From the results of the study conducted, the results show that violations of IPR are not only violations of norms, but also ethics. One form of ethical violation is the use of other people's work without mentioning the name of the rights holder, for example the creator. Ethically, this is contrary to moral values.