Minggu, 20 Oktober 2013

Intellectual Property Rights (IPR) by Li'iza Diana Mangzil

Intellectual Property Rights ( IPR )
Intellectual Property or Intellectual Property Rights ( IPR ) or Intellectual Property is a commonly used synonym for Intellectual Property Rights ( IPR ) or Geistiges Eigentum , in his German language [ 1 ] . Terms or terminology of Intellectual Property Rights ( IPR ) is used for the first time in 1790 . Is Fichte who in 1793 said of the property of the creator is in his book . The definition of property rights as the object here is not a book , but the book in terms of its content . [ 2 ] The term IPR consists of three key words , the Rights , Property , and Intellectual . Wealth is an abstraction that can be owned , transferred , purchased , or sold .
The intellectual property is an asset for any production wit intellect such as technology , science , art , literature , song composition , writing , caricature , and others that are useful to humans . [ 4 ] The object that is set in IPR is the works arising or born as human intellectual abilities [ 5 ] IPR system is the right of private (private rights ) . One is free to apply or enroll intellectual works or not . Exclusive rights granted to the individual state actors IPR ( inventor , creator , designer and so on ) nothing else is meant as a tribute to the work ( creativity ) and his so others can be encouraged to further develop it further , so that the IPR system that the public interest is determined through the market mechanism . In addition the IPR system to support the holding of a good documentation system for all forms of human creativity that generates the possibility of technology or other works of the same can be avoided or prevented . With the support of good documentation , it is expected that people can use it to the maximum for the purposes of his or develop it further to give even higher [ 6 ]
 Theory of Intellectual Property Rights
Theory of Intellectual Property Rights ( IPR ) is strongly influenced by John Locke's ideas about property rights . In his book , Locke says that the property of a man against the resulting object that has existed since man was born . Objects in the sense here is not only the tangible objects but also abstract objects , the so-called property rights to intangible objects that are the result of human intellect [ 7 ]
Scope of IPR
Broadly speaking, the IPR is divided into two parts , namely :
1 . Copyright ( Copyrights )
2 . Industrial Property Rights ( Industrial Property Rights ) , which includes :
• Patents ( Patent )
• Industrial Design ( Industrial Design )
• Brand ( Trademark )
• Management practices of unfair competition ( repression of unfair competition)
• Design the layout of integrated circuits ( layout design of integrated circuit)
• Trade secrets ( trade secret )
• Protection of Plant Varieties ( Plant Variety Protection )
Legal nature of the IPR
Laws governing intellectual property rights are territorial , registration or enforcement of IPR should be done separately in each relevant jurisdiction . IPR IPR protected in Indonesia is already registered in Indonesia.
So to protect human creations Haki is very necessary and has important benefits for the creators and their heirs of the results obtained royalties


Catatan Kaki:
1.    Hukum Tentang Perlindungan Hak Milik Intelektual Dalam Menghadapi Era Globalisasi. Syafrinaldi. 2010. UIR Press. ISBN 979-8885-40-6
2.    Hukum Tentang Perlindungan Hak Milik Intelektual Dalam Menghadapi Era Globalisasi hal 13. Syafrinaldi. 2010. UIR Press. ISBN 979-8885-40-6
3.    Sutedi, A. Hak Atas Kekayaan Intelektual, halaman 38. Sinar Grafika, 2009
4.    Buku Panduan Hak Kekayaan Intelektual, halaman 7. Ditjen HKI, 2006
5.    Buku Panduan Hak Kekayaan Intelektual, halaman 7. Ditjen HKI, 2006
6.    Locke, Two Treatises of Government, edited and introduced by Peter Laslett, 1988, hal. 285 dalam Hukum Tentang Perlindungan Hak Milik Intelektual Dalam Menghadapi Era Globalisasi hal 7. Syafrinaldi. 2010. UIR Press. ISBN 979-8885-40-6
7.    Buku Panduan Hak Kekayaan Intelektual, halaman 9-12. Ditjen HKI, 2006

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