JIPRO : Journal Of Intellectual Property
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.
Articles
71 Documents
<![CDATA[Kedudukan Hukum PT. Inter Sport Marketing Sebagai Pemegang Lisensi Hak Cipta Piala Dunia Tahun 2014 Terhadap Penyiaran Piala Dunia Tidak Berizin oleh Pihak Ketiga ]]>
<![CDATA[Kanza Latunhi Rayes]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 1, 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol3.iss1.art1
<![CDATA[PT. Inter Sport Marketing (PT. ISM) becomes one of the licensees permission from FIFA to serve the World Cup broadcasts throughout the territory of the Republic of Indonesia, which has been created and signed through the license agreement date 5 May 2011 between PT. ISM with FIFA. The license agreement makes PT. ISM to be Master Rights Holder of the media rights. Nevertheless, there have been pros and cons that come down into two core problems. First, the legal standing of PT. ISM which is doubtful by various parties is even deemed to have no legal capacit. Second, the legal consequences of the license agreement itself on the third party, especially for the parties who do not get the World Cup broadcast permit from the 2014 official licensee; The purpose of this research is to know the legal position of PT. ISM as a copyright licensee and the legal consequences of licensing agreements between the parties of PT. ISM and FIFA against third parties; This research includes normative law with a conceptual approach that is based on legislation, doctrine, and jurisprudence, with the method of retrieving literature study data; this research concludes that PT. ISM has a legal position or legal capacity to prohibit anyone or any party that is detrimental to the right in the entire commercial area of the Republic of Indonesia. Under the license Agreement of FIFA is known to be legitimate, the license agreement has a legal consequence to a third party that is interpreted as the parties outside of the aforementioned agreement.]]>
<![CDATA[Pelindungan Hukum Terhadap Sumber Daya Genetik dan Pengetahuan Tradisional (SDG-PT) Pasca Diundangkannya Undang-Undang Nomor 13 Tahun 2016 Tentang Paten ]]>
<![CDATA[Ferianto Ferianto]]>;
<![CDATA[Tommy Hendrix]]>;
<![CDATA[Tuthi’ Mazidatur Rohmah]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 1, 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol3.iss1.art2
<![CDATA[The huge potential of genetic resources has made Indonesia one of the goals of bioprospection and even biopiracy from other countries which has actually harmed the Indonesian state both legally and economically. Referring to the importance of managing genetic resources and traditional knowledge, there have been many political results of national law that have been created to regulate the protection and management of genetic resources and traditional knowledge. One of the products of the political law is Law no. 13 of 2016 concerning Patents. Therefore, this study aims to examine the legal protection aspects of genetic resources and traditional knowledge in terms of Law Number 13 of 2016 concerning Patents, opportunities and challenges for Indonesia in utilizing the protection of the SDG to empower an economy based on biodiversity and traditional knowledge. This research is a normative research with qualitative data analysis. Normative research is carried out with a literature study approach consisting of primary and secondary legal materials. The research results show that Law No. 13 Year 2016 regarding Patents have loaded a better legal protection against patent-based genetic resources and traditional knowledge (GR-TK) both preventive and repressive. The opportunity for GR-TK potential is if database can be managed centrally, systematically and completely, it will facilitate utilization and arrangement of benefit sharing access so that benefits felt by Indonesia as country that owns GR-TK are more optimal. The challenge faced is that management of GR-TK database systematically and completely by a special authority has not been established by Government. Arrangements regarding benefit sharing in GR-TK utilization has not made the technical regulations governing them.]]>
<![CDATA[The Law of Anime: Otaku, Copyright, Fair Use, and It’s Infringements in Indonesia ]]>
<![CDATA[Akhmad Al-Farouqi]]>;
<![CDATA[Nandang Sutrisno]]>;
<![CDATA[Budi Agus Riswandi]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 1, 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol3.iss1.art3
<![CDATA[The massively growing popularity of Japanese animation or Anime creates a certain movement and has exported cultural form in another reflection from their fans in many countries. It can be in a form of data such as films, pictures, videos, or made by fans such as fan-subs, fan arts, fan-fictions or it can be in a real form such as clothes, merchandises or costumes for cosplayers. In Indonesia copyright is regulated in the Law no. 28 of 2014 on Copyright while internationally copyright are regulated by some of international convention and agreements such as Trade-Related Aspects of Intellectual Property Rights Plus concluded by WTO; Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, and the Rome Convention concerning protection of neighboring rights to literary works which are concluded by WIPO. Even though the infringement of intellectual property rights violated copyright and it is nationally and internationally protected by law, but the phenomenon of violation of this anime is can be easily found in daily life and massively growing, and due to unclear limitations and parameters of the balance in enjoying the economic benefits of reasonable interest which also regulated in Article 44 and is called as fair use however, questions arise, what kinds of movement which infringing the law and which one is not.]]>
<![CDATA[Perlindungan Hak Cipta Atas Potret Seseorang Yang Disebarkan Sebagai Meme ]]>
<![CDATA[Muh. Aldhyansah Dodhy Putra]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 1, 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol3.iss1.art4
<![CDATA[Technology advances in the Web 2.0 era or the days of 'participative web', have led to the widespread dissemination of information or the impact on copyright infringement. One kind of copyright that is often violated is the portrait, especially since the memes era who made spreading a portrait of someone on social media usually happened. Even though the portrait has been regulated in Act Number 28 Year 2014 concerning Copyright (UUHC) as a creation owned by not only the portrait maker but also the person listed therein. The formulation of the problem in this study are; First, how is copyright protection for someone's portrait as a memes?; Second, how is the responsibility of spreading someone's portrait as a meme? This research belongs to normative legal research. The legal materials used are primary legal materials namely the UUHC, and secondary legal materials obtained through literature review. The approach used is the statutory approach, which examines the UUHC and regulations which have a bearing on the legal issues under study. The conclusions of this research as stated in the research problem form include: First, copyright protection for someone's portrait of memes circulating on social media can be found in the UUHC, namely Article 12 of the UUHC for civil law, and 115 UUHC for crime; Second, the responsibility for spreading someone's portrait as a meme circulating on social media can be accomplished by resolving disputes through alternative settlement, arbitration, or court, namely through a commercial court.]]>
<![CDATA[Hak Cipta Sebagai Jaminan Fidusia ]]>
<![CDATA[Puspitasari, Rina]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 4, No. 1, 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol4.iss1.art1
<![CDATA[This research was conducted to assess the implementation of Article 16 paragraph (3) of Law Number 28 Year 2014 states that copyright can be used as an object of fiduciary guarantee. The the problem statement are: first, could a copyright can be categorized as an asset for the Authors and/or Copyright Holder in accordance with Article 16 paragraph (3) of Law No. 28 of 2014 concerning Copyright? Second, could copyright be determined as an asset for Authors and/or copyright holders which could be guaranteed as fiduciary rights? Third, how is the authority of a Notary in implementing Copyright as a Fiduciary Guarantee? The results of the research show that a copyright guaranteed by fiduciary can be executed for the execution of Article 29 of Law Number 42 of 1999 about Fiduciary the reason is the economic right of the copyright could be secured (it is an intangible object). Besides, related to the Notary, the authority of the Notary to make burden of fiduciary deed has already been mentioned on the Article 5 Section (1) about Fiduciary, thus there is no reason for the Notary to reject for creating deed of fiduciary with copyright as the object.]]>
<![CDATA[Perbuatan Melawan Hukum Berupa Pelanggaran Hak Cipta Terhadap Pemegang Lisensi Hak Cipta (Studi Putusan Nomor 02/PDT.SUS-HKI/2015/PN/NIAGA.Smg jo. Putusan Nomor 518 K/Pdt.Sus-HKI/2015 jo. Putusan Nomor 43 PK/Pdt.Sus-HKI/2017) ]]>
<![CDATA[Eko Rial Nugroho]]>;
<![CDATA[Wahyu Priyanka NP]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 2, 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol3.iss2.art4
<![CDATA[PT. ISM and FIFA signed a license agreement on 5 May 2011, relating to the assignment of certain media rights incurred in connection with the XX edition of the football tournament and other FIFA events. Based on this exclusivity, no other party (including but not limited to broadcasters), has the right to (but is not limited to) socializing, marketing and monitoring the license to use the 2014 Brazil World Cup broadcast commercially in commercial places. However, there are parties, namely PT. MHIS which is suspected of committing acts without rights, broadcasting or broadcasting or holding activities to watch the 2014 Brazil World Cup together commercially and does not have a license permit from PT. ISM. As a result of the 2014 Brazil World Cup broadcast by PT. MHIS the PT. ISM feels disadvantaged both materially and immaterially. The purpose of this research is to find out whether the perpetrators of copyright infringement can be categorized as acts against the law and how the legal protection of copyright license holders for unlawful acts of copyright infringement. This research is a normative legal research using qualitative analysis. This study concludes that PT. MHIS has committed unlawful acts in the form of Copyright infringement and legal protection for Copyright license holders by taking legal action in the form of a lawsuit to the Commercial Court and asking for compensation for unlawful acts committed by PT. MHIS.]]>
<![CDATA[Formulasi Hukum Hak Terkait Untuk Pelaku Seni Pertunjukan Teater Di Yogyakarta ]]>
<![CDATA[Ahmad Muhsin]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO , Vol. 3. No. 1, 2020 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol3.iss1.art5
<![CDATA[The main problem in this research is to examine the related rights for actors in theater performances as regulated in Law No. 28 of 2014 concerning copyright, as for the formulations of the problems presented, namely: First, is the formulation of Related Rights in the Copyright Law No. 28 of 2014 in accordance with the views of theater actors in Yogyakarta? Second, How is the formulation of Related Rights in the Copyright Law No. 28 of 2014 according to the future view of theater actors in Yogyakarta? This study uses the normative-empirical method, while the conclusions of this research are: First, that the related rights law rules in the Copyright Law No. 28 of 2014 is complete, Second. The views of theater performers regarding the formulation of rights law related to the future need to be regulated in more detail regarding the standardization of forms of cooperation in the creative process and forming a collective management institution that focuses on protecting theater arts.]]>
<![CDATA[Analisis Persamaan Merek Terkenal Tidak Sejenis Ditinjau Dari Hukum Merek : (Studi Putusan Mahkamah Agung Nomor 29 PK/Pdt.Sus-HKI/2016) ]]>
<![CDATA[Rohman, Arif]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 4, No. 1, 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol4.iss1.art3
<![CDATA[The granting of a brand to a product of goods or services can also prevent unfair business competition, with the brand of a product or service being able to distinguish its origin, quality and guarantee that the product is original. A high-priced product is usually not because of the product itself, but the influence of the brand. In the case obtained by the author, the panel of judges is of the opinion that the lawsuit for the cancellation of the mark is not accepted because the goods in dispute are not of the same type. The Supreme Court argues that until now there has been no Government Regulation as a follow-up to Article 6 paragraph 2 of Law Number 15 of 2001 concerning Marks. Based on the plenary meeting of the civil chamber as outlined in the Circular Letter of the Supreme Court Number 03/BUA.6/HS/SP/XII/2015, it has been agreed that the lawsuit for the cancellation of a mark which has essentially different similarities, the lawsuit must be declared not accepted and the verdict -the previous Supreme Court decision regarding the same mark for goods of a different kind is no longer guided by the guidelines; is a cumulative-critical legal case study that is based on a collection of information, the existence of cause and effect to then draw conclusions; Based on the description of the legal analysis above, the authors draw two conclusions, namely: 1. The decision of the Panel of Judges is not quite right. 2. The legal consequences of the Supreme Court's Decision Number 29 PK/Pdt.SusHKI/2016 which was decided with a verdict that cannot be accepted in the last legal effort of the PK, has permanent legal force.]]>
<![CDATA[Perlindungan Hukum dan Implementasi Doktrin Fair Use Terhadap Costume Play (Cosplay) dalam Hak Cipta dan Desain Industri ]]>
<![CDATA[Ramadhan, Galih Dwi]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 4, No. 1, 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol4.iss1.art2
<![CDATA[Cosplay 'Costume & Play' is a term that describes a pop-culture phenomenon about a person's creativity by creating and using a costume and its accessories to play a role based on references to fictional characters from comic books, animated films, and video games. Costumes and accessories used for cosplay are the work of human intellectuals which should be protected by intellectual property rights because in practice many parties get financial benefits from cosplay activities. There is no explicit regulation on the protection of intellectual works, especially Copyright and Industrial Design Rights for cosplay costumes and accessories. A normative juridical study is needed in understanding the legal provisions on cosplay using the Copyright Law and the Industrial Design Law.]]>
<![CDATA[Ruang Lingkup Perlindungan Hak Kekayaan Intelektual Terhadap Video Game ]]>
<![CDATA[Ramadhan, Galih Dwi]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 4, No. 2, 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol4.iss2.art1
<![CDATA[Intellectual Property Rights exist to protect the intellectual property rights of a human being. A video game which is an entertainment that is played digitally is one of the results of human intellectual work. Video games are a very complex human intellectual work because various other intellectual works are combined into a video game. Due to the complexity of a video game as a human intellectual work, there must be certainty of the scope of intellectual property rights protection that can be used to protect video games as human intellectual works. Juridical normative studies are used to examine the scope of intellectual property rights protection for a video game. Copyright and industrial property rights can be applied and used to protect video games.]]>
