ETIKA PERENCANAAN - Kuliah 09

Summary

This presentation covers Intellectual Property Rights (IPR), explaining its significance and different types, such as industrial property rights (patents, trademarks, industrial designs) and copyright. It discusses how IPR can be obtained through constitutive (registration) and declarative (automatic recognition) processes. The video elaborates on the protection mechanisms for each type of IPR, enforcement strategies in case of infringement, and real-life case studies illustrating trademark and copyright issues. It emphasizes the importance of protecting creators' intellectual property and the benefits of securing exclusive rights for innovations and creative works.

Takeaways

• 😀 Intellectual property (IP) refers to legal rights given to creations of the mind, including literary and artistic works, inventions, and designs.
• 😀 IP is divided into two main categories: industrial property rights (such as patents and trademarks) and copyright (which covers creative works like books, music, and art).
• 😀 Intellectual property rights can be obtained either through a constitutive process (registration) or declaratively (automatic recognition upon creation).
• 😀 Copyright is a declarative right that arises automatically when a creation is made tangible, and it grants exclusive rights to the creator.
• 😀 Copyright does not protect ideas, only the expression of those ideas, such as the content of a book, music, or artwork.
• 😀 The protection period for copyright lasts for the lifetime of the creator plus 50 years, while certain works may have a shorter duration of protection.
• 😀 Trademarks can be logos, names, words, or designs used to distinguish products or services, and their protection lasts for 10 years, renewable indefinitely.
• 😀 Industrial designs involve the aesthetic aspects of products, such as shape, color, and texture, and their protection lasts for 10 years.
• 😀 Patents grant exclusive rights to an inventor for a new technological invention, lasting for 20 years from the filing date, but inventions must be novel and applicable in industry.
• 😀 Trade secrets are protected as confidential business information that has economic value and is not publicly known, such as formulas, practices, and methods.
• 😀 Infringements of intellectual property rights can lead to legal actions, including compensation demands, police reports, or court proceedings to seek penalties or damages.

Q & A

What is the definition of intellectual property (IP)?

Intellectual property (IP) refers to the rights granted to individuals over their creations in fields like science, literature, and art. These rights protect their creations, allowing them to control and benefit from their work.

How are intellectual property rights divided?

Intellectual property rights are divided into two main categories: industrial property rights (such as patents, trademarks, designs) and copyright, which covers literary and artistic works.

What is the difference between industrial property rights and copyright?

Industrial property rights protect inventions (patents), designs (industrial designs), trademarks, and trade secrets. Copyright, on the other hand, protects creative works such as books, music, films, art, and educational materials.

What is the difference between constitutive and declarative rights in IP?

Constitutive rights are granted upon registration or filing, meaning the rights are officially recognized once an individual registers the creation (e.g., patents, trademarks). Declarative rights are granted automatically when the work is created and need not be registered, like copyrights.

What is copyright, and how is it obtained?

Copyright is an exclusive right given to the creator of an original work, such as a book, song, or artwork. It is obtained automatically as soon as the work is created and fixed in a tangible form, without the need for registration, though registration is possible.

What types of works are protected under copyright?

Copyright protects a wide range of works, including books, musical compositions, films, photographs, visual arts (like paintings or sculptures), architectural designs, and computer programs.

How long does copyright protection last?

The duration of copyright protection typically lasts for the lifetime of the author plus 50 years, but this can vary based on the country and type of work. For works like applied arts, the protection can last 25 years from the first publication.

What is a trademark, and what can it include?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of others. It can include words, logos, colors, shapes, sounds, or even holograms and can be used for both commercial products and services.

What is the duration of trademark protection?

Trademark protection typically lasts for 10 years from the date of registration, and it can be renewed for additional 10-year periods as long as the trademark remains in use.

What is a patent, and how long is it protected?

A patent is an exclusive right granted to an inventor for a new and inventive product or process in technology. The protection typically lasts for 20 years, after which the invention enters the public domain.