Muhammad Iqbal Baiquni
Faculty of Law, Universitas Negeri Semarang

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Indonesian Patent Law Reform for Simple Patent Innovations on Achieving Welfare State Objectives Waspiah Waspiah; Budi Santoso; Paramita Prananingtyas; Muhammad Iqbal Baiquni; Dany Eka Saputra
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.69214

Abstract

The main focus of this research is to examine the legal protection of simple patent innovations within the Indonesian patent system, considering their substance, structure, and legal culture. The objective is to advocate for the reformulation of regulations concerning the social and economic utilization of intellectual property, specifically simple patents, in order to address their impact on public interest from a welfare state perspective. The current regulations governing simple patents demonstrate monopolistic and individualistic tendencies. This study utilizes a normative juridical research method and employs a statute-based approach to critically analyze the provisions of Law No. 13 of 2016, commonly known as the Patent Law. The research findings indicate that the current regulation fails to adequately support inventors of simple patents. The existing first-to-file registration system, resembling that of regular patents, has resulted in low rates of acquisition and registration for simple patents. Consequently, it can be concluded that the regulation of simple patents under the Patent Law does not favor inventors of such patents. In order to rectify this issue, it is crucial to reformulate the legal protection of simple patent innovations based on the principles of the welfare state. The ideal formulation of the Patent Law should take into account the norms and values prevalent within the inventor community, thereby necessitating a reformulation of the legal protection system rooted in the substance, structure, and legal culture in Indonesia.
The Urgency of Copyright Right on Bridal Makeup Design of Kendal Bridal Makeup Design to Reform Creative Industry in Indonesia Waspiah Waspiah; Rodiyah Rodiyah; Asmarani Ramli; Muhammad Iqbal Baiquni; Nadiyah Meyliana Putri
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1211

Abstract

This research underscores the urgent need for copyright protection in the Indonesian bridal makeup design sector, particularly focusing on Kendal Bridal Makeup Design. The absence of legal safeguards for innovative makeup designs poses a significant threat to the creative efforts of makeup artists and the broader bridal industry. This study identifies a critical gap in existing intellectual property laws, which inadequately address the unique challenges of protecting original makeup designs. Findings indicate that the lack of robust copyright protections results in widespread imitation and unauthorized use of designs, undermining their economic value and diminishing creative incentives for artists. This situation impedes the growth of the creative industry, where originality and personal branding are essential. The research highlights that the current legal framework does not adequately support the sector, leaving artists exposed to exploitation and legal disputes. The novelty of this study lies in its specific focus on bridal makeup design within the Indonesian context, an area that has received limited scholarly attention. By evaluating the legal and economic impacts of insufficient copyright protection, the study offers new insights into how reforming intellectual property laws can promote innovation and support industry growth. The research contributes by advocating for targeted legal reforms to enhance copyright protections for makeup designs and provides actionable recommendations for policy changes. These measures aim to safeguard artists' rights, foster creativity, and bolster the Indonesian creative industry, thereby paving the way for a more sustainable and innovative sector.