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All Journal Tasyri' International Journal Multidisciplinary Science
Wasitaatmaja, Fokky Fuad
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PUBLIC DOMAIN AS INDONESIA'S TRADEMARK LAW IN THE UTILITARIAN'S PERSPECTIVE Rembonita, Trisa; Wasitaatmaja, Fokky Fuad
International Journal Multidisciplinary Science Vol. 3 No. 2 (2024): June: International Journal Multidiciplinary
Publisher : Asosiasi Dosen Muda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56127/ijml.v3i2.1294

Abstract

Indonesia’s Intellectual property rights encompass trademarks’ protection, copyrights, patents, geographical indications, industrial designs, circuit layout designs, and trade secrets, including aqua, the botol, and ecoprint, which use generic words and non-distinctiveness and disturb public order. Ecoprint became a public domain in 2001. However, it was approved as a trademark of products by the DGIPR in 2019 and protected by the law, allowing it to reap the economic benefits. The research problem is: How is the public domain of ecoprint used by trademarks being reviewed in positive Indonesian law from the perspective of utilitarian theory? The research uses a normative descriptive method with a conceptual approach and a comparative approach from secondary data, primary and secondary legal materials, and is analyzed using Jeremy Bentham's theory of utility, "the greatest happiness from the greatest number, namely through the provision of livelihood, abundance, security, and equality." The results indicate that Indonesian law does not explicitly manage the public domain as an intellectual property right that provides direct benefits to the community. The public domain becomes a trademark, creating incentives only for trademark owners instead of the community. IPR should cover the public domain to ensure incentives that benefit the wider welfare, including MSMEs.
Perlindungan Hak Kekayaan Intelektual Batik Tirta Suci dalam Perspektif Hukum Positif dan Hukum Islam Sunaryo, Euis; Wasitaatmaja, Fokky Fuad; Machmud, Aris
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.385

Abstract

The Tirta Suci Kembang Mayang batik motif is a typical cultural expression of the city of Tangerang which was born from the creativity of the Kembang Mayang Batik Studio community. Although it has high philosophical and aesthetic value, this motif has not been officially registered in the Copyright system, even though its use has been widespread in various government activities. This study aims to analyze the legal protection of the batik motif both from the perspective of positive law and Islamic law. The method used is juridical-empirical legal research with a descriptive qualitative approach. Data was obtained through literature studies, interviews with batik artisans, and a review of Law Number 28 of 2014 concerning Copyright. The results of the study show that based on positive law, copyright to motif works arises automatically since they are realized in real form, but registration is still required as legal evidence. From the perspective of Islamic law, the appreciation of intellectual works is based on the principles of justice ('adl), the recognition of property rights (ḥaqq al-milkiyyah), and the prohibition of taking benefits without lawful permission (ghasab). Therefore, both in state law and Islamic law, the use of Tirta Suci batik motifs without moral recognition and economic compensation violates the principles of justice and the exclusive rights of the creator. This study recommends the integration of positive regulation with Islamic legal values as an ethical foundation in protecting local culture-based intellectual property.
Co-Authors Machmud, Aris Rembonita, Trisa Sunaryo, Euis