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Journal : JIPRO : Journal Of Intellectual Property

ANALISIS HUKUM KOMERSIALISASI PATEN MELALUI INTELLECTUAL PROPERTY MARKETPLACE MENURUT HUKUM POSITIF INDONESIA Permana, Yoga
JIPRO: Journal of Intellectual Property JIPRO, Vol. 8, No.1, 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol8.iss1.art1

Abstract

The fairly active invention discovery activity in Indonesia for a period of almost three decades requires a mechanism that allows patents to be utilized optimally, not only by their owners but also by other parties through commercialization channels such as the provision of an intellectual property marketplace system. This system supports collaboration between inventors and patent holders which is very important to ensure that the economic potential of patents can be fully realized. The research was conducted using a normative legal approach using secondary data. The data collection technique was carried out using a literature study that was analyzed qualitatively. Legal protection is important in the Intellectual Property commercialization ecosystem to accommodate and legitimize the existence of an intellectual property marketplace. Several regulations such as PP No. 24/2022, the Patent Law, and the ITE Law are the basis for the intellectual property marketplace. Infrastructure development in patent commercialization will help bridge the gap between the creation and commercialization of intellectual property rights, so various components of development in patent commercialization need to be realized such as an intellectual property valuation system, contract standardization, and an inventory of intellectual property rights.
PELINDUNGAN HUKUM NAMA PANGGUNG PUBLIC FIGURE ATAS TINDAKAN PASSING OFF MEREK Permana, Yoga
JIPRO: Journal of Intellectual Property JIPRO, Vol. 7, No.1, 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol7.iss1.art2

Abstract

In the industrial world, a public figure who uses a stage name without giving it legal protection will be prone to causing problems such as being used for personal gain. For example, someone uses the stage name of a public figure to trick consumers so that many of them use the product, even though the product used does not belong to the public figure. The research was conducted using a normative juridical approach using secondary data. Data collection techniques were carried out using literature studies which were analyzed qualitatively. The results obtained from this research are that stage names can be compared to the names of famous people as stated in Article 21 paragraph (2) letter a of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This article provides legal protection for public figures' stage names from passing off actions carried out by irresponsible people. This article not only prohibits the use of the name of a famous person, but if it is similar, if there are elements that stand out between the trademark and the name of a famous person without the consent of the party concerned, the registration of the trademark must be rejected. There are several legal steps that can be taken by a public figure who feels aggrieved by someone's passing off his/her stage name, such as filing an objection, canceling the brand, suing for compensation, and criminal charges.