Kuliah Hak Kekayaan Intelektual Desain Tata Letak Terpadu (Part2)

Summary

The video discusses the legal aspects of the transfer of design rights for integrated circuit layouts under Indonesian law. It covers the processes of transferring rights through inheritance, gifts, or written agreements, emphasizing the designer's ongoing recognition even after transfer. The video also touches on licensing agreements and their restrictions to prevent negative economic impacts, including monopolies. Additionally, it addresses the legal consequences of violating design rights, the potential for criminal charges, and the debate surrounding intellectual property enforcement. The presentation concludes with an invitation for further questions and reflection on the material shared.

Takeaways

• 😀 Integrated circuit layout design rights can be transferred through inheritance, gifts, written agreements, or other legally recognized methods.
• 😀 Even if the rights to a design are transferred, the original designer's name and identity must still be acknowledged in official certificates and public records.
• 😀 The holder of design rights can grant licenses to others to perform actions like distribution, sales, or export, subject to legal restrictions to prevent economic harm.
• 😀 Licensing agreements cannot create monopolies or harm small industries in Indonesia, as they are subject to anti-competition laws.
• 😀 A design registration can be canceled either by the request of the rights holder or through a civil lawsuit if the design is found to be non-original or copied.
• 😀 Criminal penalties exist for those who intentionally violate design rights, including manufacturing, selling, or distributing unauthorized designs.
• 😀 Penalties for design rights violations can include up to 3 years in prison and fines up to 300 million Rupiah.
• 😀 There are different views in legal circles about how intellectual property violations related to design layouts should be handled—some consider them private matters, while others see them as criminal offenses.
• 😀 The violation of design rights can be considered a criminal offense even if the owner is unaware of the infringement, especially in cases where the violation occurs far from their location.
• 😀 Legal scholars debate whether violations of intellectual property rights should be treated as private disputes or public crimes, which can affect enforcement and penalties.

Q & A

What are the legal ways to transfer the rights of integrated circuit layout designs in Indonesia?

The rights to an integrated circuit layout design can be transferred through inheritance, donation, written agreements, or other legally valid methods as permitted by Indonesian law.

Does transferring the rights of a design affect the original designer's recognition?

No, even after the rights are transferred, the original designer's name must still be listed on official documents, such as certificates and public records, ensuring continued recognition of their work.

Can the holder of design rights grant licenses to third parties?

Yes, the holder of design rights can grant licenses to third parties, allowing them to perform activities such as manufacturing, selling, and exporting the designs, unless otherwise agreed upon.

Are there any restrictions on licensing agreements?

Yes, licensing agreements must not harm the Indonesian economy or promote unhealthy business practices, such as monopolies, that could negatively impact small industries in Indonesia.

What is the procedure for canceling the registration of a design?

A design registration can be canceled either by the rights holder’s written request or through a civil lawsuit. The lawsuit can be based on reasons like the design lacking originality or involving the use of someone else's work.

What happens when the registration of a design is canceled?

When the registration is canceled, all legal effects tied to the design rights are nullified, including any associated rights that were derived from it.

What are the potential criminal penalties for violating design rights?

Individuals who intentionally violate design rights, such as by making, using, selling, importing, or distributing the design without authorization, may face up to 3 years in prison and/or fines of up to 300 million rupiah.

Is the violation of design rights considered a private or public offense?

Violations of design rights are classified as 'delik aduan' (private offenses), meaning they can only be prosecuted if the affected party files a formal complaint.

Can a design rights holder file a lawsuit if someone infringes on their design?

Yes, the design rights holder or a third party with legal interest can file a lawsuit to cancel the registration of a design if the design is found to be infringing upon another’s original work.

What is the legal basis for canceling the registration of a design layout?

The legal basis for canceling the registration of a design layout is typically found in Indonesian intellectual property law, where violations such as lack of originality or unauthorized use of another design are considered valid grounds for cancellation.