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INDONESIA
JIPRO : Journal Of Intellectual Property
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 26542889     DOI : https://doi.org/10.20885/jipro
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Bahwa Journal of Intellectual Property yang disingkat JIPRO dihadirkan dan dikembangkan dalam rangka menjawab kebutuhan terhadap upaya disimenasi dan promosi segala hal berkaitan dengan ekspresi ide, kreativitas atau kekayaan intelektual dalam rangka meningkatkan kesadaran dan pemanfaatan atas ekspresi ide, kreativitas atau kekayaan intelektual guna meningkatkan kesejahteraan masyarakat secara luas berdasarkan pendekatan lintas disipin ilmu dan multidisiplin. Fokus JIPRO dilakukan pada semua bidang keilmuan yang bersifat interdisipliner dan multidisipliner yang berkaitan dengan ekspresi ide dalam hal kreativitas, inovasi atau kekayaan intelektual yang dapat memberikan nilai pengetahuan dan pemanfaatan dari kreatiitas, inovasi atau kekayaan intelektual itu sendiri guna meningkatkan kesadaran masyarakat akan pentingnya suatu penghargaan atas kreativitas, inovasi atau kekayaan intelektual yang mampu mendorong peningkatan kesejahteraan masyarakat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Analisa Yuridis Potensi Overlapping Antara Merk Tiga Dimensi (Three Dimensional Marks) dengan Desain Industri dalam Hukum Hak Kekayaan Intelektual Xavier Nugraha; Ezra Tambunan
JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 2, 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol3.iss2.art1

Abstract

One of the things that can make it easier for consumers to be able to distinguish products from one another is the presence of a brand that is a marker of the existence of a product. In this case the Law No. 15 of 2001 concerning brands, precisely in Article 1 describes the definition of the brand itself as a sign in the form of images, names, words, letters, numbers, color arrangements, or a combination of these elements which has a distinguishing power and is used in trade or service activities. As time goes on and the development of technology increases, new concepts are called non-traditional marks or non-traditional brands. These non-traditional brands are further divided into two types, namely non-traditional visual brands (including three-dimensional brands, colors, holograms, slogans, film and book titles, multimedia signs, positions, and gesture) and non-visual non-traditional brands (including sounds, aroma, taste, and texture). Speaking about the Three Dimensional Brands in Indonesia, it turns out that there is no clear concept regarding the Three-Dimensional Brand itself even though in Law No. 20 of 2016 replaced the 2001 Trademark Law has provided protection for Three-Dimensional Brands as well as through the Law Minister Regulation and Ham (Pemenkuham) No. 67 of 2016 that Three-dimensional Brands can be registered. From this, the question arises, "Does the existence of the Three Dimennsi Brand have the potential to overlap with other types of intellectual property rights?" To answer these questions, the Research Method used is normative legal research, namely research that analyzes legal norms.Keywords: Tradermars; Three-Dimensional Marks; Overlapping
Analisis Permohonan Pendaftaran Merek Secara Internasional Bagi UMKM Setelah Diterbitkan Peraturan Presiden No. 92 Tahun 2017 Tentang Ratifikasi Protokol Madrid Yohanes Adi Putra Mahardika; Irna Nurhayati
JIPRO: Journal of Intellectual Property JIPRO, Vol. 2. No. 2, 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol2.iss2.art1

Abstract

This research aims to analyze the barriers to the application of international trademark registration for MSME after the issuance of Presidential Regulation No. 92 of 2017 concerning Ratification of Madrid Protocols. Another purpose of this research is to find out the government's efforts in facing obstacles to international brand registration applications for MSMEs.This research is a normative legal research using primary data and secondary data. Primary data was collected through interviews with the guidelines of the interview, while secondary data obtained through the method of documentation with a study of the documentation and data analysis done qualitatively.The results of this study are: First, there are obstacles to the application of international trademark registration for MSMEs after the issuance of Presidential Regulation No. 92 of 2017 concerning the Ratification of the Madrid Protocol because of the lack of interest and insight of MSMEs on international trademark registration applications, general regulations, language difficulties, and the cost of expensive brand registration applications. Second, the efforts made by the government to face obstacles for MSMEs are by making rules for reducing the cost of applying for basic brand registration, the existence of a special team of the Madrid Protocol and increasing socialization of brands and applications for trademark registration using the Madrid Protocol.
Pelaksanaan Hak Kekayaan Intelektual Sebagai Objek Wakaf Puji Sulistyaningsih; Heniyatun Heniyatun; Chrisna Bagus Edhita Praja; Dasep Nurjaman
JIPRO: Journal of Intellectual Property JIPRO, Vol. 2. No. 2, 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol2.iss2.art2

Abstract

This study aims to determine the Islamic view of IPR as a waqf object, and procedures for implementing waqf with IPR objects. This study uses a normative juridical method with an approach to the Law and conceptual approach. The results showed that IPR was seen as one of the wealth rights (Huquq Maliyyah) in the view of Islam that received legal protection as other assets, so that IPR could be used as an object of waqf (al-mauqud 'alaih) both exchange contracts, commercial (Mu'awadhah ) and non-commercial contracts (tabarru'at). IPR as a waqf object is permitted by Islamic law as long as it fulfills the requirements as an object of waqf, as well as positive Indonesian law, this is reinforced by Law No. 41 of 2004 concerning Endowments; Government Regulation No. 42 of 2006; The decision of the Indonesian Ulema Council (MUI) No. 1 MUNAS / VII / 5/2005, allows IPR as an object of waqf. The HKI waqf procedure, in general, is not much different from the waqf procedure with objects of immovable objects such as land or other immovable objects but the difference is that there must be authentic evidence from the Directorate General of Islamic Education and the establishment of court states that the waqf object is not in dispute. Before the waqf pledge was made the Acting Actor of the Pledge of Endowments (PPAIW) consulted the Ministry of Religion in advance to get recommendations.
Tanggung Gugat Pemegang Hak Cipta Terhadap Perbuatan Melawan Hukum Pelanggaran Hak Cipta Eko Rial Nugroho; Wahyu Priyanka NP
JIPRO: Journal of Intellectual Property JIPRO, Vol. 2. No. 2, 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol2.iss2.art3

Abstract

PT. ISM and FIFA have made and signed License Agreement in May 5th, 2011. The License Agreement related to delegation of certain rights of broadcasting which related on XX edition from football tournaments and other FIFA events. Based on this exclusivity, there are no other parties (Include but not limited to the broadcaster), who have right to (but not limited to) do socialization, marketing, and supervision of permission to use the 2014 Brazil World Cup broadcast commercially in commercial places. However, a party namely PT. SSM alleged to do act against the right to broadcast or airing or hold a Nonton Bareng event of 2014 Brazil World Cup commercially without having permission from PT. ISM. As a result of broadcasting the 2014 Brazil World Cup by PT. SSM, PT. ISM felt material and immaterial losses. The purpose of this study is to figure out whether Copyright infringement can be categorized as an unlawful act and to know how the legal protection for the Copyright license holder of unlawful act in the form of Copyright infringement.This Study is a normative legal study with qualitative analysis. This study concluded that PT. SSM has committed an unlawful act in the form of a Copyright infringement and the legal protection has given to copyrights license holder by taking legal action in the form of a lawsuit to the Commercial Court and requesting for compensation of unlawful act committed by PT. SSM
Dilema Droit De Suite Untuk Karya Seni Rupa Radian Suparba
JIPRO: Journal of Intellectual Property JIPRO, Vol. 2. No. 2, 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol2.iss2.art4

Abstract

Droit de suite is a French term that introduces a law in the sense of the artist's resale right, namely the right granted to artists and their heirs to the resale of their copyrighted works. Then the creator of artworks and his heirs get a part of the return of their works when artworks change ownership through selling. This will bring a balance  for copyright in Indonesia, that gave more attention in music and literature. Because music and literature can bring a passive income for all economic activities through royalty. in otherwise artworks couldn't get passive income, because artists just sell it whatever the price goes to others or buyer. In these days the price of artworks will go high in years after first purchase, it means there is the first buyer that buy artworks in small price, but the first buyer can sell it to the second buyer, the second buyer can sell it to the third buyer and so on with higher price than first purchase. That will trigger some artists or the heir, why can't get anything when the artworks price has gone up, while music and literature have a royalty system. Droit de suite system can be a solution for artists get passive income, but first must through the lawmaker to recognize droit de suite. Droit de suite system, in short, is a passive income system for artworks such as paintings, drawings, carvings, calligraphy, sculpture, sculpture, or collages. This system work when artworks got to sell at a price higher than first selling. as long as artworks still exist the price is going up after years and the ownership of artworks changes. When ownership change by through seller or dealer of artworks, the system will claim the right of artists for resale an artwork to another buyer. That will force a market to give exclusive attention to artworks in Indonesia better than sell it on the street to tourist as souvenir. The basic knowledge of droit de suite is important before lawmakers make a decision to recognize it. So that the lawmakers can make what kind droit de suite that can balance the law f copyright, because each country has diffrent systems but basic still same. There Berne Convention gave the basic system and limitation for droit de suite, so not all artworks gate the right. 
HKI dan UU Pemajuan Kebudayaan Agus Sardjono
JIPRO: Journal of Intellectual Property JIPRO, Vol. 2. No. 2, 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol2.iss2.art5

Abstract

The Constitution 1945 has obligated government to advance culture. Symphonizing Intellectual Property in the advancement of culture must be a major project burdened by government to realize it. The concept of Intellectual Property Rights  has been aimed to giving rewards to creative people who maintain momentum by cultural promotion act 2017 enactment. As aconsequence, goverment and society are encourage to be united to execute the law in order to realize the cultural advance in Indonesian in regard to the concept of Intellectual Property Rights. It is becoming the main idea of this writing. Furthermore, this writing is provided accordance with normative legal research method which thr research focused on law as a rule
Analisis Yuridis Terhadap Pelanggaran Hak Cipta Permainan Video (Video Games) Berupa Pembajakan Secara Online Vania Irawan
JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 2, 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol3.iss2.art3

Abstract

Video games are games that can be played by one or more people which are produced by computer programs on a television screen or other display screen. Video games are included in a protected work in accordance with Article 40 paragraph (1) letter r and Article 59 paragraph (1) letter d of Law No. 28 of 2014 on Copyright. The nature and elements of video games are complex, creating confusion regarding the video game category. In some countries, video games are included in the category of computer programming while in other countries, video games are included in the category of audiovisual. In addition, another difficulty that arises is the copyright holder of video games because as we know, the video games that are widely played these days, are created by game developers who consist of not only one or two people but hundreds of experts and professionals. Then, another problem is regarding video game online piracy. This has happened so often that it becomes one of the game developers concern and restlesness about every time they launch a new video game. So it also examines the prevention and protection of video games being pirated online.
Perlindungan Hak Cipta Terhadap Pencipta Lagu Dalam Penggunaan Video Parody Di Youtube Miranda, Chaileisya
JIPRO: Journal of Intellectual Property JIPRO, Vol. 4, No. 1, 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol4.iss1.art4

Abstract

An interesting issue is how the Song Parody and Copyright in Settings in Indonesia. and the next issue is the Copyright Protection of the Inner Song Creator Use of Video Parody on YouTube. This study uses the approach: statute approach, and conceptual approach. Techniques for tracing legal materials using techniques document study (library research), and analysis of the study using qualitative analysis. Results research shows that Copyright Protection Against Songwriters In The use of parody videos on YouTube is based on UUHC, both creators and actors the show can file legal remedies by way of termination and in a civil manner. On termination, the Creator and Performer of the Original Song will report to the minister for parody songs on YouTube that violate copyright so that they cannot be accessed by the public based on article 55 UUHC with. Civilly both the Creator and Performer the original song can file a claim for compensation to the Commercial Court based on article 99 UUHC which must be preceded by peace efforts. Criminally only songwriters only original persons can file criminal charges based on article 113 paragraph 2 UUHC, Meanwhile, performers cannot file criminal charges based on UUHC, except for Article 315 of the Criminal Code if you think it's a parody of a song uploaded on YouTube This caused him to be defamed.
Hak Cipta Dalam Sudut Pandang Nilai – Nilai Pancasila Muhammad Rifqi Fauzi
JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 2, 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol3.iss2.art2

Abstract

Hak Cipta is a legal protection for authors interest to protect their works, particularly for science, art and literature works. Indonesia has great potency for science, art and literature works. For that reason, it is important for Indonesia to protect those works. In this world, the protection of science, art and literature works is divided into two systems which are Author’s Right system and Copyright system. Author's right system recognizes moral right and economic right. On the other hand, Copyright system doesn't recognize moral right. This paper is intended to explain whether Hak Cipta protection in Indonesia to use Author’s Right system or Copyright system through the discussion of regulations on Hak.Cipta that ever applied in Indonesia. Those regulations will be seen from the point of view of Pancasila as the nation ideology and Staatsfundamentalnorm. The research method used is normative juridical approach with qualitative method and descriptive data analysis. The conclusion of the research is stated that Indonesia to use Author’s Right System. It is because from Auteurswet 1912 until Act No. 28 of 2014 on Hak Cipta regulate moral right and economic right as part of Hak Cipta. From the point of view of Pancasila, Author’s Right System is in accordance with five values contained in Pancasila.Keywords : Hak Cipta, Author’s Right, Copyright and Pancasila.
Perlindungan Hak Cipta Penerbit Terhadap Buku Ciptaan Yang Telah Menjadi Public Domain Muh. Aldhyansah Dodhy Putra
JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 2, 2020
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol3.iss2.art5

Abstract

AbstractAct Number 28 of 2014 on Copyright regulates changes in the period of protection of a work. One of them is about books, which were previously protected 50 years after the author's death was amended to 70 years after the author's death in Article 58 (1) of Act Number 28 of 2014 on Copyright. This change not only has implications for increasing the length of time to protect many of the late author's works but also creates new confusion regarding the status of authors who have died more than 50 years before the enactment of the law. This regulatory change has led to research on the protections that publishers have for books with expired protection period (public domain). The method used in this research is juridical-normative research, which examines several regulations, especially Act Number 28 of 2014 on Copyright. The results show that publishers can obtain copyright protection for public domain books as long as they do not violate moral rights and that there are common misconceptions regarding the length of time for book copyright protection due to regulation changes.Keywords: Copyright, Public Domain, Publisher

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