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All Journal Jurnal Ilmiah Kebijakan Hukum JIPRO : Journal Of Intellectual Property
Alam Wibowo, Richard Jatimulya
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Law, Crime, Criminology & Criminal Justice

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Ciptaan dan Invensi Hasil Kecerdasan Buatan dalam Perspektif Hak Cipta dan Paten Alam Wibowo, Richard Jatimulya
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.269-288

Abstract

Artificial Intelligence (AI) has developed in such a way that it is capable of producing creations and inventions without human intervention through the training of a number of datasets. This normative juridical research aims to look at AI problems from the perspective of AI as a subject and AI results as an object of copyright and patent protection, as well as examining the implications of using creations in datasets to train AI. This research found that AI cannot become a creator and inventor because moral and human rights are reserved for humans, besides that AI cannot take advantage of the economic rights obtained from the protection of creation or patents. This study also found that the use of datasets containing other people’s creations as AI development material has the potential to cause copyright violations. This potential is mitigated by several countries by implementing regulations related to TDM or data scraping for AI machine learning. Finally, this study also found that creations and inventions resulting from AI in general cannot become objects protected by the copyright regime unless they receive direct human contribution or are formulated in statutory regulations such as in the CGW copyright regime in the UK. This research suggests that practices in other countries in copyright and patent protection regimes related to AI can be used as a reference for legal politics in Indonesia to create AI regulations that balance the moral and economic rights of Creators and Inventors with the pace of AI innovation.
REGISTRATION-BASED WELL-KNOWN MARKS: INDONESIAN PRACTICE AND NORM UNDER PARIS CONVENTION AND TRIPS Alam Wibowo, Richard Jatimulya; Priyono, Joko
JIPRO: Journal of Intellectual Property JIPRO, Vol. 9, No.1, 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.Vol9.iss1.art2

Abstract

The recognition of well-known marks by Indonesian courts has a long history in both legislation and jurisprudence. Current practice indicates that such recognition is often based on the registration of the mark in several countries. Although this approach is permissible under Indonesian law, it is not explicitly provided for in the Paris Convention or TRIPS which serve as international standards for the protection of well-known marks. Hence, this doctrinal or normative legal research will analyze the practices of recognizing well-known marks based on registrations in several countries within the legal framework of Indonesia, the Paris Convention, and the TRIPS Agreement. The findings reveal that early developments in Indonesian marks law and judicial precedents have greatly influenced the practices of recognizing well-known marks based on registrations in several countries. However, these practices are found to be inconsistent with the provisions concerning well-known marks under the Paris Convention and TRIPS. Therefore, Indonesian courts are encouraged to give greater consideration to Paris Convention and TRIPS to develop recognition practices that align more closely with international standards.
Co-Authors Jeane Neltje Saly Joko Priyono