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.
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71 Documents
<![CDATA[PERLINDUNGAN HUKUM RAHASIA DAGANG ATAS INFORMASI BISNIS DALAM PERJANJIAN KERJA DI KABUPATEN SLEMAN: (Studi Cafe “Ideologi Cafe” di Sleman) ]]>
<![CDATA[Faramukti, Talitha Shabrina]]>
<![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.art3
<![CDATA[This study aims to determine whether or not a trade secret legal protection for a business information in a cafenamely "Ideologi Cafe" in Sleman Regency and the steps to protect confidentiality of trade secrets needs to be carried out by every business actor so that the confidentiality of the trade secret is not disclosed by other parties who do not authorized. This step can be done in various ways, according to the with the terms and policies set by the cafe management. The formulation of the problem posed is: What are the steps? maintain the confidentiality of trade secrets on the cafe "Ideology Cafe" in the agreement work ?; What are the legal consequences for violations in serving confidentiality of trade secrets on the cafe "Ideology Cafe" in the employment agreement?. This research includes a typology of empirical legal research. Research data collected by means of document/library studies and interviews with owners cafe and cafe manager, then processed with the help of a descriptive program qualitative and the results are presented by bringing up conclusions with explanation. The analysis is carried out with a statutory approach combined with a sociological approach. The results of this study indicate that the legal protection of trade secrets at the cafe is enough, although on the other hand there are still weaknesses and lack. The drawbacks include the formal rules in the cafe has not fully protected the trade secret recipe; lack of knowledge management and employees have more regarding the Act Trade Secret which has governed everything confidential and have economic value. This study recommends the need for more socialization about Trade Secret Law due to lack of knowledge by the management and more stringent rules and all provisions which may result in the leakage of the trade secret.]]>
<![CDATA[Studi Putusan Pengadilan dalam Kasus Wahl Clipper Corporation Melawan Distributor Merek Wahl di Indonesia ]]>
<![CDATA[Julian P., Maeswadhita]]>
<![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.art5
<![CDATA[At the Central Jakarta District Court No. 57/Pdt.Sus- Merek/2015/PN Niaga Jkt.Pst. on December 17, 2015 which essentially rejected the Wahl Clipper Corporation lawsuit. The decision was strengthened by the result of cassation No. 444 K/Pdt.Sus-HKI/2016 on July 26, 2016 which essentially rejected the appeal filed by the Cassation Petitioner, namely Wahl Clipper Corporation itself. The case is still ongoing until the Review of Decision Number 1 PK/Pdt.Sus-HKI/2018 on January 16, 2018, the party who feels aggrieved, namely Wahl Clipper Corporation has new evidence that can strengthen the evidence that the Petitioner is really harmed by the Respondent ; The author wants to examine the problems in this Legal Case Study, namely: 1. Is the analysis of judges' considerations regarding well-known brands in Indonesia in the Wahl Clipper Corporation case correct based on Law No. 15 of 2001 concerning Marks and Law No. 20 of 2016 concerning Trademarks and Geographical Indications? 2. What are the legal consequences of the court's decision on the famous trademark lawsuit Number 444 K/Pdt.Sus- HKI/2016 in Indonesia?; After discussing and analyzing the trademark cancellation lawsuit between Wahl Clipper Corporation and Harry Sudjono, it can be concluded as follows: 1. The Supreme Court's decision Number 444K/Pdt.Sus-HKI/2016 regarding the Wahl Clipper Corporation's lawsuit against Harry Sudjono is inaccurate. 2. The decision of the Supreme Court Number 444K/Pdt.Sus-HKI/2016 which was ruled by the decision to be rejected, has no legal consequences. Because the judge rejected the Cassation application for the cancellation of the Mark.]]>
<![CDATA[Analisa Kesadaran Hukum Atas Kepemilikan Merek Terdaftar Pada Umkm Binaan PT. Sarana Infotekno Mitra Solusi Di Daerah Istimewa Yogyakarta ]]>
<![CDATA[Rahayu, Giovani Bajeng]]>
<![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.art2
<![CDATA[The high number of MSME actors is a positive thing related to Indonesian economic movement. MSMEs today are one of the pulse economic movement in Indonesia, and is one of the major sources of income for country. Technology that is developing rapidly makes the MSME market too develop. This research will more specifically examine the perpetrators of SMEs craftsmen batik built by PT. Sarana Infotekno Solution Partner. Small and Medium Enterprises, batik craftsmen has great potential in Yogyakarta. As one of the cities of batik, SMEs Batik in Yogyakarta has a fairly large market potential, in addition to assets in the form of: design and brand is also a big enough potential. Awareness of perpetrator MSMEs on Brand Ownership Rights are still considered low. Research purposes This is to find out the legal awareness of batik craftsmen in fostered MSMEs PT. Sarana Infotekno Mitra Solusi about the importance of registration awareness brands, as well as to find out the legal protection for brands that have not been registered with the MSMEs fostered by PT. Sarana Infotekno Solution Partner. This research is an empirical legal research, and the data in This research was obtained by using semi-structured interviews with There are 6 correspondents consisting of five MSME actors, as well as one director of PT. Sarana Infotekno Solution Partner. From the results of the interview, it was obtained that the awareness data of MSME actors was still low very low. Brand is seen as a means of promotion and a requirement for business legality. MSME actors still do not understand that there are various kinds of risks which may occur if the mark is misused by another party. On the other hand, SMEs actors also do not consider that the brand they own is a valuable asset for the business owned.]]>
<![CDATA[PELAKSANAAN PEMBAYARAN ROYALTI ATAS LAGU DALAM LIVE PERFORMANCE KEPADA PENCIPTA LAGU DI KAFE ROEMAH KESAMBI KOTA CIREBON ]]>
<![CDATA[Kharisma, Fahmi]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 5, No.1, 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol5.iss1.art1
<![CDATA[This research aims to examine the implementation of royalty payments for songs in live performance to songwriters at the Kopi Roemah Kesambi cafe, Cirebon City, towards Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning Management of Royalties Copyright Song or Music and legal effort that the author may take against songs performed in musical performances without permission. This research belongs to the type of empirical research where the authors obtain research data from direct interviews with the Coffee Roemah Kesambi cafe, Cirebon City. The analysis in the study was carried out by qualitative analysis. The results of the research explain that the live music held at the Roemah Kesambi Coffee Cafe, Cirebon City has taken permission of a license permit before the live music is carried out, and the calculation of royalties that must be paid by the cafe to LMK is done by taking 3% of sales revenue on the day the live music is held. The legal effort that can be taken by the creator if there is a violation of using songs in live music without permission, namely, Alternative Dispute Resolution (ADR), Civil Lawsuits as regulated in Article 97 paragraph (1) of Law Number 28 of 2014, and Criminal charges are regulated in Article 113 paragraph (1), paragraph (2) and paragraph (3) of Law Number 28 of 2014.]]>
<![CDATA[PENGHIMPUNAN DAN PENDISTRIBUSIAN ROYALTI MUSIK INDEPENDEN DI KOTA SEMARANG ]]>
<![CDATA[Kusumahadi, Dinar Satrio]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 5, No.1, 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol5.iss1.art3
<![CDATA[This study aims to determine the collection and distribution of royalties for indie music and songs in the city of Semarang. This type of research uses empirical legal research. The research was conducted using a sociological-policy approach. Sources of legal data are primary and secondary. The results showed that, first, the collection of royalties was carried out in three stages. The first stage is to list the places and platforms that play the works of indie musicians in the city of Semarang. The second stage is negotiation. The third stage is a site survey and signing a royalty agreement with indie musicians in Semarang whose works will be screened there. Then, the distribution of royalties is carried out in two ways, namely for screenings in public places and screenings on online platforms. Second, the legal obstacle in collecting and distributing music royalties to indie musicians in Semarang City is that many still do not know about LMKN, especially LMKN Semarang Representatives. Then, they still do not register their work with the Ministry of Law and Human Rights.]]>
<![CDATA[PENGELOLAAN ROYALTI MUSIK DAN LAGU DI PLATFORM YOUTUBE ]]>
<![CDATA[Imansah, Rifai]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 5, No.1, 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol5.iss1.art2
<![CDATA[Copyright music and songs can be easily searched and listened to online through media such as youtube. This difficulty creates legal problems for music creators or musicians, namely the use of works without permission. This violates economic rights in the form of royalties for music and song creators. YouTube creators are facilitated when uploading music videos and songs in the youtube system, it provides an opportunity for creators to use creations that are not theirs. Youtube filters every uploaded video in its system. This study uses a legal and conceptual approach to determine the legal relationship and forms of protection for music creations and songwriters. The legal relationship of the parties that occurs on the youtube platform occurs through an agreement and creates rights and obligations between the parties. The protection provided by youtube is in the form of a license permit that must be made by the creator if you want to use someone else's copyright and must pay royalties to copyright holders through the Collective Management Institute.]]>
<![CDATA[HAK KEKAYAAN INTELEKTUAL (HAK CIPTA) SEBAGAI OBJEK WARIS DALAM HUKUM PERDATA ]]>
<![CDATA[Prasetyo, Ramadhio Adi]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 5, No.1, 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol5.iss1.art4
<![CDATA[This study aims to analyze and determine the criteria for intellectual property rights (copyright) as objects of inheritance in civil law and to analyze and determine the status of intellectual property rights (copyright) as objects of inheritance in civil law. Intellectual property rights are material rights, rights to objects originating from the work of the brain, the result of the work of the ratio. The result of the work of reasoning human ratios. The result of his work is in the form of immaterial objects, intangible objects, for example, copyrighted songs. Article 16 paragraph (1) Law no. 28 of 2014 concerning Copyright stipulates that by its nature copyright is an intangible movable object. Immaterial property rights are property rights whose objects are intangible objects (intangible objects). In this case many things can be used as objects of property rights which are included in the scope of incorporeal objects. For example, billing rights, rights arising from the issuance of securities, rental rights and so on. The results of the study concluded that copyright (copy rights) which is part of Intellectual Property Rights has criteria as an object of inheritance, because copyright law determines copyright as an intangible movable object that gives moral rights and economic rights to its creators which are exclusive which can be transferred to his heirs. Copyright (copy rights) which is part of Intellectual Property Rights (IPR) according to civil law has the position of an object of inheritance, because the law of inheritance is regulated in book II of the Civil Code which regulates objects. Inheritance object according to civil law is an object that is the property of someone who died.]]>
<![CDATA[PERLINDUNGAN HUKUM PEMEGANG HAK MEREK VANS OFF THE WALL TERHADAP MEREK VANS OFF THE TOP ]]>
<![CDATA[Wibisono, Wisesa Adje]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 5, No.1, 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol5.iss1.art5
<![CDATA[This study presents an analysis of the legal protection of the holder of the Vans OFF The Wall Brand Rights against the Vans OFF The Top Brand, with the formulation of the problem: What is the form of legal protection for the holders of the Vans OFF The Wall Brand against the Vans OFF The Top brand that is still circulating? and Why is the Vans OFF The Top brand still circulating even though there has been a court decision prohibiting its distribution? This research is a normative research, using secondary data such as laws and regulations, court decisions, and the opinion of scholars. This study obtained the results of legal protection for Vans OFF The Wall Brand holders against Vans OFF The Top which are still in circulation with 2 efforts, namely: Preventive Brand protection leading to preventive actions with the aim of minimizing trademark infringement and Repressive Brand protection aiming to resolve or process events that occur. Furthermore, this study found that one of the reasons the Vans OFF The Top brand is still circulating is that legal protection in Indonesia is weak.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEMEGANG LISENSI HAK SIAR TERHADAP TAYANGAN STREAMINGTIDAK BERLISENSI ]]>
<![CDATA[Susanto, Bima Yoga Shendy]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 5, No.2, 2022 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol5.iss2.art1
<![CDATA[This study aims to answer whether the practice of unlicensed streaming violates the provisions of Law Number 28 of 2014 concerning Copyright and what legal remedies can be taken by holders of broadcast rights licenses against unlicensed streaming shows. This research is normative legal research using statutory and conceptual approaches. The results of this study conclude that the practice of unlicensed streaming is an act that violates the provisions of Law Number 28 of 2014 concerning Copyright. The legal remedy that can be taken by broadcasting rights license holders against unlicensed streaming shows is to make efforts to resolve disputes, namely through alternative dispute resolution, arbitration, or courts, the provisions of which are regulated in Chapter XIV concerning Dispute Resolution in Law Number 28 of 2014 concerning Copyright. In addition, broadcasting rights license holders can also file a cassation request as a legal remedy against the Commercial Court's decision.]]>
<![CDATA[PATEN TANPA INVENTOR DALAM SEJARAH HUKUM PATEN INDONESIA ]]>
<![CDATA[Ardiansyah, Levri]]>
<![CDATA[ JIPRO: Journal of Intellectual Property JIPRO, Vol. 6, No.1, 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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DOI: 10.20885/jipro.vol6.iss1.art1
<![CDATA[This article identifies and analyzes the 'Patents without inventor' fact in Indonesian patent law. Specifically, the article shows via example in the 1984-2001 patent documents sourced from WIPO Patentscope, DJKI and LIPI. Even though the Law of the Republik of Indonesia Number 13 of 2016 has not been adopted, there have been patent documents and found in the patent documents the facts where the name of inventors were not mentioned. This article further emphasizes about 'The right of the inventor to be mentioned' in patent document. Legal systems regularly process a great deal of complexity and inconsistency, and thus, the disclosure of the 'Paten Without Inventor' fact is expected to clarify the importance of the definition of institutional inventor, inventorship and ownership, especially in anticipating the possibility of intellectual intelligence is deemed inventors. ]]>
