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Bayu Abdillah
University of Jember, Indonesia

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Journal : Rechtenstudent Journal

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TRIP’S Agreement in Legal Protection of Intellectual Property Rights in Indonesia Bayu Abdillah
Rechtenstudent Vol. 5 No. 2 (2024): Rechtenstudent August 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i2.306

Abstract

Before Indonesia ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the national legal system had recognized regulations regarding Intellectual Property Rights (IPR) inherited from the Dutch East Indies colonial era. During that period, the applicable regulations still referred to the Dutch legal system enforced in the colonial territories, including Indonesia. The scope of IPR protection at that time was limited to three main aspects, namely copyright, trademarks and industry, and patents. However, the ratification of the TRIPS Agreement by Indonesia was an important milestone in the transformation of national IPR law. Since then, there has been a significant expansion in the scope, definition, and protection system for various forms of intellectual property. This regulatory update reflects Indonesia's commitment to aligning its legal system with international standards, while strengthening its position in the global trade order. This study aims to analyze the influence of the TRIPS Agreement on the development of IPR legislation in Indonesia, and to assess the extent to which its implementation provides certainty and legal protection for rights owners. Through a normative approach with historical analysis and comparative law, this study emphasizes the importance of harmonizing national law with international instruments in order to support a fair and sustainable investment and trade climate.
Copyright Protection in Philosophical View as A Natural Right Krisna Mukti Pradana; Bayu Abdillah; Dominikus Rato; Fendy Setiawan
Rechtenstudent Vol. 5 No. 1 (2024): Rechtenstudent April 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i1.326

Abstract

Copyright is intellectual property that needs to be protected in order to encourage respect for creative works and prevent copyright infringement. The aim of this research is to analyze the form of legal protection for copyright as a natural right from a philosophical perspective. The research method used is normative juridical with a philosophy approach. The results of this research are that the philosophy of copyright recognition refers to two theories, namely based on natural law theory and utilitarianism theory. Based on natural law theory, copyright is natural right after the creative work is completed, so the protection is automatic, there is no need for registration or enrollment. Recognition of copyright to creators as a moral right is adopted by Indonesia and France. Meanwhile, based on the Utilitarian theory, recognition of copyright in works, as an economic right, which requires registration, so that recognition and protection is given by the state through law, this theory is followed by America, England and Australia.
Co-Authors Dominikus Rato Fendy Setiawan Krisna Mukti Pradana