Intellectual Property | WWPLawfirm

Intellectual Property Rights

Intellectual Property Rights (IPR) are legal rights granted to individuals or legal entities for their intellectual creations. IPR covers works that are intellectual in nature, such as artistic works, inventions, designs, and trademarks. The purpose of IPR is to protect the creators from unauthorized use by others, thereby encouraging innovation and creativity.

PATENT

Based on Article 1 number 1 of Law no. 13 of 2016 concerning Patents, a patent is defined as an exclusive right granted by the state to an inventor for the results of his inventions in the field of technology, who for a certain period of time carries out his invention himself or gives approval to another party. to implement it. The invention must meet three main requirements, namely having an element of novelty, an inventive step, and being applicable in industry.

COPYRIGHT

Copyright is an exclusive right granted by the state to creators or copyright holders to regulate the use of their copyrighted works in various forms. Based on Article 1 number 1 of Law no. 28 of 2014 concerning Copyright, copyright is defined as the exclusive right for the creator or recipient of the right to publish or reproduce his work, which arises automatically after a work is created without reducing restrictions in accordance with applicable laws and regulations.

TRADEMARK

Based on Article 1 number 1 of Law no. 20 of 2016 concerning Brands and Geographical Indications, a trademark is defined as a sign in the form of an image, name, word, letter, number, or a combination of these elements which is used in the activity of trading goods or services to distinguish goods or services produced by someone or legal entity from goods or services produced by other parties. Trademarks give their owners exclusive rights to use the mark in trading goods or services

INDUSTRIAL DESIGN

What is industrial design? Based on Article 1 number 1 of Law no. 31 of 2000 concerning Industrial Design, industrial design is defined as a creation of shape, configuration, or composition of lines or colors, or a combination thereof in three-dimensional or two-dimensional form which gives an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, goods, industrial commodity, or handicraft.

PLANT VARIETY PROTECTION

Based on Law no. 29 of 2000 concerning Plant Variety Protection, plant variety protection is given by the state to breeders or parties who discover, develop or introduce new varieties. These exclusive rights allow the rights holder to control the use, propagation and sale of that plant variety during the specified protection period. Plant variety protection plays an important role in ensuring that plant breeders receive recognition for their innovations.

DOMAIN NAME

Based on Minister of Communication and Information Regulation No. 23 of 2013 concerning Domain Name Management, a domain name is defined as a unique address used to identify a website on the internet, which is registered and managed by the authorized party. Domain names have legal status as property rights that can be given or transferred to other parties, and their registration gives the owner exclusive rights to use the name within a certain scope.

LITIGATION AND DISPUTES

Litigation is a legal process used to resolve disputes through the courts, where both parties present their cases before a judge in accordance with applicable legal rules. In Indonesia, civil litigation is regulated in HIR (Herziene Inlandsch Reglement) and RBg (Rechtsreglement Buitengewesten), which function as guidelines in the judicial process. In criminal cases, the litigation process is regulated by the Criminal Procedure Code (KUHAP), which provides the framework for criminal court procedures.