Harmonisasi Perlindungan Tumpang Tindih Hak Cipta dan Hak Desain Industri: Studi Perbandingan antara Indonesia dan Australia

Rohmana, Rubben Denova
Ramli, Ahmad M.
Ramli, Tasya Safiranita

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

One of the crucial problems in the scope of intellectual property today is the phenomenon of overlap between copyright and industrial design rights. One of the important things to study is the existence of legal regulations that have been harmonized and effective to overcome these problems. In this research, the method used is a statutory and comparative approach with analytical descriptive specifications. This study found that the overlap of copyright and industrial design rights law has not been regulated and harmonized properly in Indonesian positive law. The results of this study indicate that by not harmonizing the protection of copyright with industrial design rights in Indonesia, Indonesia does not have legal certainty and has a legal gap in the enforcement of rights and settlement of disputes when compared to Australia. Therefore, harmonization between copyright and industrial design rights law is needed, including the necessary reforms to provide legal certainty for creators and industry players in the future.