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All Journal JURNAL HUKUM Sosiohumaniora PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Jurnal Hukum Bisnis Indonesian Journal of International Law JIPRO : Journal Of Intellectual Property Indonesia Law Review (ILREV) Journal of Finance and Business Digital (JFBD) Journal of Central Banking Law and Institutions Acta Law Journal Jurnal Hukum dan Pembangunan
Agus Sardjono
Fakultas Hukum Universitas Indonesia
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Indonesian Journal of International Law

 1 
CULTURE AND INTELLECTUAL PROPERTY DEVELOPMENT IN INDONESIA Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Essentially, viewed from the perspective of culture, IPR appears to be a highly embellished and colorful concept. That may be one of the reasons why the implementation of IPR protection in a plural society with diverse interests such as Indonesia invites debate and heated discussion so frequently. Given such circumstances, it would be naïve for anyone to hold on to their own perceptions on IPR without taking into account the existence of other views which are based on subjectivity. Speaking of IPR development, either from the legal, technological or from the economic aspect, IPR cannot be viewed from one single perspective. And this is exactly where the main issue arises. It is often difficult for sectors that are dealing with IPR to take an inclusive standpoint. It is in such context that the cultural study of IPR development becomes significant, both from the economic as well as from the technological point of view. IPR should not be taken out of its context, namely the society in which culture lives and develops.
PERLINDUNGAN FOLKLORE: APAKAH REZIM HAK CIPTA MEMADAI? Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The government of Indonesia has given a protection for folklore in article 10 Undang-Undang Hak Cipta No. 19 Tahun 2002. It means the protection for forlklore is placed under Intellectual Property’s Regime. The protection is about the regulations of permission for using Indonesian folklore by foreigner but there are some problems occurs. Is it right or wrong to place folklore, there are no evidences to prove that a folklore belongs to, do not mind when the folklore is used by foreigner. This article is trying to give a possibility to solve those problems by seeing the folklore protection in China.
AUTHOR'S RIGHT IS NOT ONLY COPYRIGHT Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.
Current Trends and New Approches for IP Education Training and Research: (Indonesian Perspective) Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Trend in Intellectual Property Rights (IPRs) is mainly influenced by certain situation that attracts public attention. In Indonesia, Trend is more oriented on the issues regarding to the recognition and protection of genetic resources and traditional knowledge and folklore. Cases such as maize varieties, avian influenza and genetic resources have brought impact and became trend in public discussion. This article is limited to share information about Trend in IPR Education, Training and Research based on the experience in Indonesia.
Upaya Perlindungan HKI yang Terkait dengan GRTKF di Tingkat Nasional dan Internasional: Upaya yang Belum Sebanding Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Indonesia is often referred as the fifth largest country that having Intellectual Property Rights (IPR) infringements, it does however not necessarily make Indonesia as a state that does not protect IPR, since Indonesia does have several major laws on IPR protections. The fact has shown on the other hands that the developed nations are not sterile from misappropriation of those IPRs that are primarily corresnponded to the interest of developing countries such as “Genetic Resources, Traditional Knowledge and Folklore”. The conventional concept of IPR is considered unable to deliver the protection for Genetic Resources, Traditional Knowledge, and Folklore (GRTKF) because of its individualist nature. Therefore, it is highly expected there could be a better protection toward GRFTK. This paper will extract the IPR concept related to GRTKF, especially the condition in Indonesia as one of the developing country that has many interests in having protection on GRTKF.
HaKI dan Masyarakat Lokal Indonesia Sardjono, Agus
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

There are several substansial problems remain on intellectual property rights in the local society of Indonesia. The needed for protection of intellectual property did not come from the civil society itself but from the pressure of external factor. Intellectual Property Regime is also known as capitalistic regime and that is the problem. The protection is given to the one who own the right, not for the real author. The characteristic of intellectual property is to protect individually. In the other hand, the background of local society of Indonesia, which consists of many tribes, lived based on communalistic. The opposite of concept did not avoid Indonesia for taking a step into ratification of international instruments of intellectual property rights protection. The reason behind is the position of Indonesia as a developing country which has powerless bargaining position put side by side with developed countries. This article attempts to offer another point of view to find out what is the real matter, the root of the problems, why intellectual property regime can not be implemented well in Indonesia.
Co-Authors Brian Amy Prastyo Derezka Gunti Larasati Desrezka Gunti Larasati Desrezka Gunti Larasati Deviana Yuanitasari Elsa Savira Fatou Diagne Mbaye Harsanto Nursadi Heru Susetyo Jamhari Jamhari Jelly Leviza Larasati, Derezka G. Mutiara Panjaitan Nefi, Arman Prasetyo, Brian Amy Runtung Tharifah, Adzhani