Friend, you must be familiar and often hear about Intellectual Property Rights (HAKI), right?
IPR gives rights to individuals or legal entities over their intellectual works, such as inventions, designs, brands, and artworks. With HAKI, creators get legal protection so that others cannot misuse these works without permission, so that they can enjoy the fruits of their creativity and hard work. In Indonesia, various laws regulate intellectual property rights, including copyright, trademark, patent, and industrial design. These laws are important to ensure that every work a person produces is valued and protected from misuse.
Then, what are the types of intellectual property rights and the basic legal provisions that govern them? Check out the full explanation in this article!
Definition of IPR
Intellectual property rights (IPR) are legal rights that relate to the inventions and creativity of a person or group. This relates to the protection of reputational issues in the commercial field and also acts of service in the commercial field.
Quoting Law No. 7 of 1994 concerning the Ratification of the Agreement Establishing the World Trade Organization defines IPR as an understanding of rights arising from human intellectual abilities that have a relationship with one’s personal rights, namely human rights.
Intellectual property is born and grows from human intellectual abilities. Works born from human intellectual abilities are works in the fields of technology, science, art and literature.
In short, intellectual property rights exist to fulfill a person’s right to economically enjoy the results of intellectual creativity. HAKI regulates objects in the form of works that arise or are born from human intellectual abilities.
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 in the fields of science, art, and literature. The beneficiaries of this right are the creators, who have the exclusive right to publish or reproduce their creations. Some of the works 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.
- 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
- Brand rights
- Industrial design
- Integrated circuit layout design
- Trade secrets
- Geographical indication
LEGAL BASIS OF HAKI
The official website of the Directorate General of Intellectual Property of the Ministry of Law and Human Rights explains that IPR legislation in Indonesia dates back to the 1840s.
The Dutch colonial government introduced the first law on IPR protection in 1844. Here are some of those laws:
- Trademark Law (1885),
- Patent Law (1910),
- Copyright Law (1912).
The House of Representatives passed the law on intellectual property rights on March 21, 1997. The following is the legal basis for Intellectual Property Rights in various laws and presidential decrees:
- Law No.7 of 1994 on the Ratification of the Agreement Establishing the World Trade Organization,
- Law No. 17 Year 2006 on Customs,
Law No. 28 Year 2014 on Copyright,
Law No. 20 Year 2016 on Trademarks,
Law No. 13 Year 2016 on Patents, - Presidential Decree No.15 of 1997 on the Ratification of the Paris Convention for the Protection of Industrial Property and the Convention Establishing the World Intellectual Property Organization,
- Presidential Decree No.17 of 1997 concerning the Ratification of the Trademark Law Treaty,
- Presidential Decree No.18 of 1997 on the Ratification of the Berne Convention for the Protection of Literary and Artistic Works.
So, what are the benefits of intellectual property rights?
IPR has benefits and an important role in protecting the creation of products or creative works from each individual or group in general. Here are some of the benefits;
1. As Legal Protection for Creators and Their Works
If the creator registers a work to HAKI, then automatically the creator and the work will get legal protection. The creator of the work is certainly more free in increasing the economic value of copyrighted works without fear of violating the law.
2. As a Form of Anticipated Violation
Registration of copyrighted works with HAKI also gives creators a strong foundation to fight against people who use their work illegally. That way, other parties can be more careful not to steal other people’s work.
3. Increase Competition and Expand 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.
4. Has Monopoly Rights
The Directorate General of IPR only provides an IPR registration system to those who register first. So, if your product is new and has good potential, register it immediately.
5. Can be used as collateral for bank loans
In accordance with PP No. 24 of 2022 on the Creative Economy, you can use intellectual property products such as YouTube content, music, culinary, and fashion as collateral for bank loans. In order to be used as debt collateral, the creator must register the intellectual property with the Ministry of Law and Human Rights and the intellectual property must have been managed (commercialized) independently or the rights have been transferred to another party.
KH Contact
From the explanation above, of course now you have a better understanding of what IPR is and how the legal basis that regulates it protects IPR. By understanding this legal aspect, you can be more confident in protecting the work or innovation you have produced, so as to avoid misuse by other parties.
So, don’t hesitate to register HAKI for your work to get the right protection and maximize the potential of your work in the business world!
Well, for KH Pals who want to register HAKI 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, including IPR registration.
No need to worry, because whatever type of work you want to register as IPR, everything is available at Kontrak Hukum. The process is also very easy, fast, and efficient!
For service booking information, please visit KH Services – HAKI. Jika ada pertanyaan lebih lanjut, kamu juga bisa hubungi kami di Ask KH or send a direct message (DM) to Instagram @kontrakhukum.
Apart from getting help with HAKI, you also have the opportunity to join the KH Business Community. Get access to various information, discussions, and support from other business people. Let’s be part of the KH Business Community! Register for free by clicking here.
Or for KH friends who want to get additional income up to millions of rupiah, can also be part of the Legal Contract Affiliate Program.
Register directly at the following link yes!
