Are you familiar with what HAKI is? HAKI or Intellectual Property Rights are rights to property arising from human intellectual abilities. Quoting from the IPR Introduction Guide of the Directorate General of Small and Medium Industries of the Ministry of Industry, these intellectual works can come from the fields of science, art, literature, or technology. HAKI has the main function of advancing creativity and innovation that is beneficial to society at large. This is because HAKI can provide protection to the creator of the work or creation he produces. Therefore, by understanding HAKI, KH pals can also protect your work from work theft aka plagiarism and several other IPR violations. So, how far have you understood what HAKI is? Let’s discuss it together!
What is IPR?
The term IPR is a translation of Intellectual Property Right (IPR), as stipulated in Law (UU) No. 7 of 1994 concerning the ratification of the World Trade Organization (WTO). Basically, the concept of IPR stems from the idea that intellectual works that have been created or produced by humans require sacrifices of time, energy, and costs. Based on this, it is necessary to honor the work that has been produced, namely protection for the intellectual property. This protection is called intellectual property rights. The goal is to encourage and develop the spirit to continue working and creating. HAKI is an exclusive right granted by law or regulation to a person or group of people for their copyrighted works. This copyrighted work can be in the form of a product, service, or process that is useful for society. In essence, IPR is the right to economically enjoy the results of intellectual creativity. As already mentioned, the object of protection regulated in IPR is works that arise or are born due to human intellectual abilities.
Principles of IPR
IPR has four principles that have been applied since its inception, namely:
Economic Principles
In economic principles, intellectual rights come from creative activities and human thinking that have benefits and economic value, and provide benefits to the owner of the copyrighted work.
Cultural Principles
IPR enhances the development of culture, both from science and other aspects and improves the standard of living for the community.
Principle of Justice
IPR has the power to exercise rights over copyrighted works, and cannot be utilized without the permission of the owner.
Social Principles
IPR is an entity that is created by thinking about the balance between the interests of individuals and also society at large.
Types of IPR
Reporting from the Ministry of Trade (Kemendag) website, IPR is classified into two, namely copyright and industrial property rights.
Copyright
Copyright is one part of Intellectual Property Rights (IPR) in the fields of science, art, and literature. This right is granted exclusively to creators and they have the exclusive right to publish or reproduce their creations. Copyright has the broadest scope of objects of protection. Some lists of creations that can be protected include:
- Books, computer programs, pamphlets, layouts of published works, and all other written works
- Lectures, lectures, speeches, and other similar works
- Teaching aids made for the benefit of education and science
- Song or music with or without text
- Drama or musical drama, dance, choreography, puppetry, and pantomime
- Fine art in all forms such as painting, drawing, carving, calligraphy, sculpture, sculpture, collage, and applied art.
- Architecture
- Map
- Batik Art
- Photography
- Translations, commentaries, adaptations, anthologies, and other works of authorship.
To find out more about copyright, its functions and types, you can visit this article page.
READ ALSO: Knowing What is Copyright Along with Its Functions and Types
Industrial Property Rights
Industrial property rights are rights that protect a company from various kinds of plagiarism and can also regulate everything in an industrial environment. Here are the types of protection in industrial property rights:
Patent Rights
A patent is an exclusive right granted to a person or group that successfully solves a particular problem with a technology for a specific time. This can be a product, a process, or the improvement and development of the product itself.
Brand Rights
Trademarks are signs that can be displayed graphically in the form of logos, images, and names consisting of words, letters, and numbers, which are intended to be differentiated in product or service activities. It can be in the form of two and/or three dimensions, sound, holograms, or a combination of two or more of these elements.
Industrial Design
Industrial design is a processed work regarding the shape, composition of colors, and lines that give an impression on a product.
Integrated Circuit Layout Design
An integrated circuit is a finished or semi-finished product in which there are many integrated forming elements that produce an electronic function.
Trade Secrets
Trade secrets are information rights related to technology or business and have economic value but do not need to be known by the public.
Geographical Indications
It is to protect a product or service that shows the region of origin of a good or service.
Benefits of IPR
Based on the explanation above, it can be concluded that intellectual property rights have benefits and an important role in protecting the creation of products or creative works from each individual or group in general. Some of the benefits of intellectual property rights are as follows:
As Legal Protection for Creators and Their Works
If you register a work to HAKI, then you and the work will automatically get legal protection. KH Friend as the owner of the work is certainly more free in increasing the economic value of copyrighted works without fear of violating the law.
As a Form of Anticipation of Violations
Registering your copyrighted work with HAKI also gives you a strong foundation to fight against people who use your work illegally. That way, other parties can be more careful not to steal other people’s work.
Increasing Competition and Expanding Market Share
Not everyone is able to channel their creativity to produce works. With HAKI, people will be motivated to work and innovate so that competition will increase.
Has Monopoly Rights
KH pals must remember, this HAKI registration system is only given to parties who first register with the Directorate General of HAKI. So, while your product is still new and has good potential, it must be registered immediately.
Can be used as collateral for bank loans
In accordance with Government Regulation (PP) No. 24 of 2022 concerning the Creative Economy, intellectual property products such as Youtube content, music, culinary, and fashion can be used as collateral for loans to banks. But, intellectual property that can be used as debt collateral needs to meet two conditions, namely registered with the Director General of IPR of the Ministry of Law and Human Rights and has been managed (commercialized) independently or transferred its rights to other parties. From the explanation above, of course, now Friend KH has a better understanding of what HAKI is and how it benefits and plays an important role for individual and group intellectual property for their creation. Please note, that every right that is classified into HAKI, must obtain legal force for its work or creation. For this reason, registration of IPR is required. In the protection of IPR in Indonesia, there is an agency authorized to manage it, in this case the Directorate General of IPR under the Ministry of Law and Human Rights (Kemenkumham) of Indonesia. Well, for KH Pals who also want to register HAKI on the work of creation to the Ministry of Law and Human Rights, you can immediately contact Kontrak Hukum. Kontrak Hukum is the first digital platform in Indonesia that provides the most complete, reliable, and affordable legal services, one of which is HAKI registration. No need to worry, because whatever type of work that KH Friend will register as HAKI, everything is available at Kontrak Hukum. The process is also very easy, fast, and efficient, you know! To register products or copyrighted works as HAKI, KH pals can visit the following pages:
Let’s avoid HAKI disputes by registering it officially with Kontrak Hukum! If you have further questions about HAKI or other legal needs, please contact us at 0821-1212-5767 or send a Direct Message (DM) to Instagram @kontrakhukum.
