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Sulthon Miladiyanto
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Widya Gama Intellectual Property Right
Published by Universitas Widya Gama
ISSN : 31636284     EISSN : 31248837     DOI : https://doi.org/10.31328/wgipr.
Core Subject :
Journal Widya Gama Intellectual Property Rights (WGIPR) {ISSN Print 3163-6284, ISSN Online 3124-8837} is a double-blind peer-reviewed legal journal and a scientific journal with national and international perspectives, published and managed by the Faculty of Law, Widya Gama University, Malang. This journal aims to disseminate information and views on matters related to Intellectual Property Rights, including developments in case law and legislation, as well as legal reform proposals, both from formal legal reform bodies and from other institutions or individuals. The journal publishes articles, cases and legislation, notes and commentaries, and book reviews on Intellectual Property Rights-related themes that offer in-depth commentary on Indonesian law, international law, and comparative law. The journal is published Three times in March, July, and November. Journal Widya Gama Intellectual Property Rights (WGIPR) is strongly committed to responding to and fulfilling the growing demand among academics, legislators, and legal practitioners in the private and public sectors for a forum for authoritative views on Intellectual Property Rights in Indonesia and the world. Another related objective is to provide a systematic review of important initiatives in legal theory and practice. The Widya Gama Intellectual Property Rights Journal publishes cutting-edge legal studies from legal academics and practitioners. Established in 2026, the journal is rooted in the desire to propose constructive and reasoned reforms in all areas of intellectual property rights.
Arjuna Subject : -
Articles 9 Documents
 1 
LEGAL ANALYSIS OF COPYRIGHT REGULATIONS IN DEALING WITH GENERATIVE ARTIFICIAL INTELLIGENCE Yohanes Yoris
Widya Gama Intellectual Property Rights Vol. 1 No. 1 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i1.919

Abstract

This study aims to analyze legal regulations related to the use of generative artificial intelligence (AI) in intellectual property rights (IPR), as well as the legal implications that arise, and government efforts to regulate them. The type of research used is normative legal research, which examines law as written norms in legislation as well as the principles and doctrines that develop in the legal community. The results of the study indicate that regulations related to the use of generative AI in IPR remain unclear, especially regarding copyright ownership, patents, and data protection. This lack of norms creates legal uncertainty that hinders justice for injured parties. The Indonesian government, despite issuing Circular Letter of the Minister of Communication and Information Technology Number 9 of 2023 concerning the ethics of AI use, has not fully addressed the lack of norms regarding the legal standing and accountability of AI in criminal law. Based on these findings, the following recommendations are proposed: 1) The government needs to formulate clear regulations regarding the use of AI to provide legal certainty, protection, and justice for victims, and 2) The need for the establishment of a supervisory agency to ensure that the use of AI is not misused in criminal acts.
LEGAL PROTECTION OF FAMOUS TRADEMARKS AGAINST COUNTERFEIT DANIEL WELLINGTON AND LONGCHAMP BRANDS ON E-COMMERCE Princess Danaarta Cahya Santoso
Widya Gama Intellectual Property Rights Vol. 1 No. 1 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i1.920

Abstract

A trademark is a form of intellectual property. As a work of human thought, it deserves to be appreciated and its rights protected. Trademark rights are limited to the use of products that are sold and have economic value, as trademark rights are exclusive rights granted by the state to the owner of a registered trademark. for a certain period of time by using the brand yourself or giving permission to another party to use it. Protection law for holder legitimate brand​ aim give right exclusive to owner brand so as not to There is other parties who may use similar signs​ or identical For the same product or almost similar. Exclusive rights This nature monopoly, which means only holder entitled brand​ use it. The owner brand own freedom For utilise the brand throughout comply applicable regulations, as well as own right For prohibit others from using the brand or give permission use. Research This discuss two main points problem namely First , What are the forms of trademark violations in E-Commerce against the famous brands Daniel Wellington and Longchamp?; Second, How is the protection of famous brands in E-Commerce according to Law Number 20 of 2016 regarding the existence of Counterfeit Brands of Famous Brands? methods used​ in study This is juridical normative with approach legislation , theory law , document law , approach cases and approaches conceptual . Research results This conclude that First, there is form violation trademark rights in e-commerce against well-known brands like Daniel Wellington and Longchamp. Second, protection law against famous brands in e-commerce based on Law No.20 of 2016 is related with the presence of fake brands from famous brands
PROTECTION LAW TO OWNER RIGHT TOP CREATION SONGS ARRANGED BY OTHER PARTIES AND RE-UPLOADED ON YOUTUBE WITHOUT THE PERMISSION OF THE COPYRIGHT OWNER Simon Baitmetan; Ariyanti
Widya Gama Intellectual Property Rights Vol. 1 No. 1 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i1.921

Abstract

The legal protection of copyright plays an important role in safeguarding intellectual works, including songs that are arranged and re-uploaded on digital platforms such as YouTube without authorization. This research aims to analyze the forms of legal protection available to copyright owners and the legal steps that can be taken to prosecute infringers. The research uses a normative legal method with a normative juridical approach that focuses on analyzing regulations, legal literature, and related documents. The results show that Law No. 28 of 2014 on Copyright provides moral and economic protection automatically since the work is realized in real form. Based on Law Number 28 of 2014 concerning Copyright, the morals rights and economic rights of the creator are protected automatically since the work is realized in tangible form. Infringement reporting mechanisms such as copyright takedown on YouTube provide a quick solution for creators, while civil and criminal legal actions can provide a deterrent effect to violators. The importance of collaboration between creators, the government, and the Collective Management Institution (LMK) in managing royalties and copyright protection is also highlighted. The results of this research are expected to encourage wider legal awareness and create a sustainable creative ecosystem.
PROTECTION LAW RIGHT CREATION SONG IN COMMERCIAL PERFORMANCE BY A DISC JOCKEY Dinar Aryo Seno; Sunarjo
Widya Gama Intellectual Property Rights Vol. 1 No. 1 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i1.922

Abstract

Song copyright is the legal protection of musical works that include lyrics, melodies, and arrangements produced by the creator. In the context of Indonesian law, copyright gives exclusive rights to the creator or right holder to regulate the use, distribution, and reproduction of his work. There are two exclusive rights that arise, namely moral rights and economic rights. Moral rights that include the right to distribute, reproduce, disseminate, and bring for commercial purposes. While Economic Rights are the right to obtain economic interests such as royalties. This writing aims to find out other regulations relating to legal protection for copyright holders when the song is remixed by disk jockeys and used for commercial purposes such as performances. In addition, this paper also aims to understand the legal remedies that can be done in the event of copyright infringement by disk jockey. The research method used in this research is a Normative Approach, with a Statue Approach problem approach method, with library data collection techniques and using data analysis methods is Qualitative which analyzes legal language based on data. The results of the study show that legal protection of owners or copyright holders whose songs are used by disk Jockeys in commercial performances have been regulated in Law 28 of 2014 and regarding royalty payments contained in Government Regulation No. 56 of 2021, but has not specifically regulated the song remixed by disk jockeys. Moreover, disk jockeys should pay royalties because it's commercial use of songs has been regulated in Article 9 Paragraph 3 and Article 23 Paragraph 5 of Law Number 28 of 2014 concerning Copyright.
PROTECTION LAW HOLDER RIGHT CREATION FILM AGAINST THE SPREAD OF PIRATED FILMS THROUGH ILLEGAL STREAMING SITES Bella Costa; Dewi Ayu Rahayu
Widya Gama Intellectual Property Rights Vol. 1 No. 1 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i1.923

Abstract

The distribution of pirated films through illegal streaming websites constitutes a serious problem affecting copyright protection in Indonesia. This practice not only causes economic losses to copyright holders but also undermines the sustainability of the national film industry. This research aims to analyze the forms of legal protection available to film copyright holders and the legal liability of parties involved in the distribution of pirated films via illegal streaming platforms. This study employs normative legal research using a statutory approach by examining Law Number 28 of 2014 on Copyright, Law Number 33 of 2009 on Film, and other related regulations. The findings indicate that legal protection for film copyright holders is provided through preventive and repressive measures. Preventive measures include blocking illegal streaming websites, monitoring digital content, and enhancing public legal awareness. Repressive measures involve civil lawsuits for damages, termination of illegal distribution, and seizure of facilities used in copyright infringement. Furthermore, perpetrators of illegal film distribution may be held civilly liable under the Copyright Law and Article 1365 of the Indonesian Civil Code concerning unlawful acts. This research is expected to contribute to strengthen copyright protection for films and to encourage greater legal awareness within society in response to digital technological developments.
TERROIR ON TRIAL: THE LEGAL IMPLICATIONS OF CLIMATE CHANGE ON THE VALIDITY OF GEOGRAPHICAL INDICATIONS Debrina Rahmawati; Yekti Sri Rahayu
Widya Gama Intellectual Property Rights Vol. 1 No. 2 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i2.962

Abstract

Climate change poses a fundamental challenge to the legal framework of Geographical Indications (GIs) in Indonesia, which is traditionally grounded in the assumption of terroir stability. This article examines (1) the legal validity, infringement, and potential revocation of GIs under the Indonesian Geographical Indications Law when climate change alters or undermines the environmental conditions underlying registered GIs, and (2) proposes legal adaptation strategies for the future governance of Indonesian GIs in response to climate change. This study employs a normative juridical research design using statutory and comparative law approaches. The findings indicate that (1) the current legal framework governing the validity, infringement, and revocation of GIs exhibits a deficit in the rule of recognition, as conceptualized in Hart’s legal theory, particularly in addressing environmental transformations caused by climate change; and (2) legal adaptation to climate change may be advanced by incorporating several regulatory elements from the French GI regime, including (a) provisions enabling the revision of product specifications, (b) recognition of the GI management organization (Masyarakat Perlindungan Indikasi Geografis / MPIG) as a public-interest actor, and (c) the expansion of the dialogical authority of the Directorate General of Intellectual Property (DJKI).
COPYRIGHT PROTECTION AGAINST THE USE OF WORKS AS ARTIFICIAL INTELLIGENCE TRAINING DATA IN INDONESIA Dewi Ayu Rahayu; Ariyanti
Widya Gama Intellectual Property Rights Vol. 1 No. 2 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wgipr.v1i2.1015

Abstract

The advancement of generative artificial intelligence has created new legal challenges in the domain of intellectual property rights, particularly copyright law. The training of AI models requires the use of massive amounts of copyrighted works as training data; however, Indonesian Law Number 28 of 2014 on Copyright does not explicitly regulate the legality of such practice. This research aims to analyze the legal standing of the use of copyrighted works as AI training data under the Indonesian copyright law, to identify existing normative gaps, and to formulate an ideal licensing model for AI development in Indonesia. Employing normative legal research through statute, conceptual, and comparative approaches, this research examines the regulatory frameworks of the United States, the European Union, Japan, and the United Kingdom as comparative material. The findings indicate that the use of copyrighted works as AI training data potentially infringes the creator’s exclusive rights, particularly the right of reproduction, while no exception or limitation in Indonesia’s Copyright Law specifically accommodates such use. This research proposes an AI training-data licensing model built on a collective-licensing mechanism, accompanied by a national opt-out scheme and dataset-transparency obligations, as a normative solution that balances copyright protection with the need for artificial intelligence innovation in Indonesia.
THE REMEDY DEFICIT OF THE GRATK TREATY: RECONSTRUCTING PATENT REVOCATION FOR GENETIC RESOURCES IN INDONESIA Moh. Amrullah; Dhaniar Budiastanti
Widya Gama Intellectual Property Rights Vol. 1 No. 2 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

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Abstract

The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, adopted on 24 May 2024, is widely celebrated as a victory for the Global South after more than two decades of negotiation. This article interrogates that celebration. It argues that the Treaty embodies a remedy deficit: while it imposes a mandatory disclosure obligation on patent applicants, Article 5.3 prohibits Contracting Parties from revoking, invalidating, or rendering a patent unenforceable solely on the basis of a failure to disclose. Every landmark victory previously won by resource-holding states, from turmeric and neem in India to the brotowali dispute involving Indonesia, was secured through patent revocation rather than through procedural transparency. The Treaty therefore substitutes a strong remedy with a weak one. This study asks how patent revocation grounded in disclosure failure should be constructed within Indonesian law given that prohibition. Employing juridical-normative research with statutory, conceptual, and comparative approaches, it analyses Law Number 65 of 2024 on Patents, the Treaty text, and the revocation regimes of India, Brazil, and Switzerland. The study finds that the prohibition in Article 5.3 is narrower than commonly assumed because it is qualified by the word solely and by the freedom of implementation granted in Article 9.2. Indonesia may lawfully preserve revocation by routing disclosure information into the substantive examination of novelty and inventive step, and by treating deliberate concealment as a species of bad faith. The article proposes a three-tier remedy architecture and argues that ratification without prior reconstruction of Articles 130 and 132 of the Patent Law would leave Indonesia with a transparency obligation unaccompanied by any enforceable consequence.
DISPUTE RESOLUTION OF TRADEMARKS AS JOINT PROPERTY IN DIVORCE CASES: A CASE STUDY OF THE MARTABAK ZEKUT BRAND IN MALANG REGENCY Marshanda Septya; Lukman Hakim
Widya Gama Intellectual Property Rights Vol. 1 No. 2 (2026): Intellectual Property Rights
Publisher : Faculty of Law, Widya Gama University, Malang

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Abstract

The development of the creative economy has made trademark rights an intangible asset with economic value and the potential to become a joint property in marriage. However, the legislation in Indonesia has not explicitly regulated the position or the mechanism for dividing trademark rights as joint property in divorce cases, resulting in legal uncertainty. This study seeks to evaluate the legal status of trademark rights obtained during marriage as joint property, investigate the mechanisms for adjudicating trademark disputes in divorce proceedings, and pinpoint both normative and practical impediments to their resolution. The research uses an empirical juridical method with a case study approach on case number 4217/Pdt.G/2025/PA.Kab.Mlg. Data were obtained through semi-structured interviews with advocates and intellectual property (IP) consultants. The research results indicate that trademark rights obtained and developed during the marriage period can be classified as joint property even though they are formally registered in one party's name, because they have economic value and were obtained during the marriage. Dispute resolution is carried out through the mechanism of dividing joint property in the Religious Court, taking into account the time of acquisition of the trademark, the contributions of the parties, and the economic value of the trademark. The obstacles encountered include the absence of explicit regulations regarding intellectual property as joint property, limited funds for the appraisal of the economic value of the brand, and limited access to evidence. Therefore, regulatory updates are needed that explicitly govern trademark rights as joint property along with standards for assessing its economic value to achieve legal certainty and fair distribution.

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