IPR, or Intellectual Property Rights, is a general term that includes rights to human intellectual works. IPR protects work owners from use or exploitation of their work without permission. This includes various types of rights such as copyrights, trademarks, patents, industrial designs, and trade secrets.

The importance of IPR lies not only in protecting works but also as a driver of innovation and creativity. For individuals, IPRs provide recognition for their work as well as potential income through licensing or selling rights. For companies, IPR can be a valuable asset that increases competitiveness and builds reputation in the market.

IPR protection also encourages investment in research and development, which ultimately contributes to economic growth. With IPR, creators and investors can feel safe to invest their time, energy and resources in creating and developing new innovations.

In Indonesia, IPR is regulated by Law Number 28 of 2014 concerning Copyright, Law Number 20 of 2016 concerning Marks and Geographical Indications, as well as other related regulations. The Indonesian government, through the Directorate General of Intellectual Property, is tasked with providing IPR registration services and law enforcement against IPR violations.

By understanding and respecting IPR, we can create an environment conducive to continued intellectual and economic progress.

Types of IPR

Intellectual Property Rights (IPR) are exclusive rights granted to creators or rights holders of their work. The types of IPR and examples are as follows:

Copyright

Copyright is a type of Intellectual Property Rights (IPR) which provides legal protection to creators for their original creative works. Copyright protection in Indonesia is regulated in Law Number 28 of 2014 concerning Copyright. Copyright covers various types of works such as:

• Written Works: Books, articles, poetry, and screenplays.
• Artwork: Paintings, sculpture, and photography.
• Musical Works: Songs and musical compositions.
• Dramatic Works: Drama, dance, and performance.
• Computer Programs: Software and databases.
• Film: Films and other audiovisual works.

Copyright grants several exclusive rights to creators, including:

• Reproduction Rights: The right to reproduce the work.
• Distribution Rights: The right to distribute the work.
• Adaptation Rights: The right to adapt the work into a new form.
• Publication Rights: The right to publish one’s work.

Creators also have moral rights inherent in them, such as the right to remain recognized as creators and the right to oppose any changes that could harm their honor or reputation.

An example of the application of copyright in Indonesia is the protection of the novel “Laskar Pelangi” by Andrea Hirata. The novel is protected by copyright so it cannot be reproduced or distributed without permission from the copyright holder.

To obtain copyright protection, creators do not need to register because copyright automatically applies from the time the work is created and has a tangible form. However, the creator can register the copyright to make it easier to prove in court if a dispute arises.

Copyright protection in Indonesia lasts for the life of the creator plus 70 years after the creator dies. After that, the work becomes public domain and can be used by the public without having to ask permission from the copyright holder.

A good understanding of copyright is very important for creators to protect their work from copyright infringement which can be economically and morally detrimental.

Industrial Property Rights

Industrial property rights are exclusive rights that a person has after registration, allowing the owner to legally protect products, signs, inventions, designs and the like. These exclusive rights give the holder the right to prevent others from using the protected mark, invention or design. In a broader context, industrial property rights include several types, such as:

Brand

A brand is a sign used to differentiate one product or service from another. This sign can be an image, name, word, letter, number, color arrangement, or a combination of these elements which have distinguishing power and are used in trading activities for goods or services.

Examples of well-known brands in Indonesia include “Indomie” for instant noodle products, “Pertamina” for the state oil and gas company, and “Garuda Indonesia” for the national airline. These brands have become strong identities and are widely known by the public, not only in Indonesia but also internationally.

Trademark registration in Indonesia is carried out through the Directorate General of Intellectual Property (DJKI). The process includes formal and substantive research to ensure that the mark meets the requirements and does not conflict with other registered marks. After that, the mark will be announced to give other parties the opportunity to submit objections if any. If there are no objections or the objections have been resolved, the mark will be officially registered.

A registered trademark gives its owner the exclusive right to use it in trade in the goods or services indicated in the registration. This exclusive right protects the brand owner from attempts at counterfeiting or imitation by other unauthorized parties. For example, if another party uses the name “Indomie” without permission from the owner of the rights to the brand, the owner of “Indomie” can take legal action to protect its brand.

Legal protection for brands in Indonesia is valid for 10 years and can be extended periodically. With this protection, brand owners can develop their business more safely and build consumer trust in the products or services offered.

Violations of brand rights can take the form of brand counterfeiting or use of a brand without permission which can cause losses to the holder of the right to the brand. Trademark rights holders can file a lawsuit in court to obtain compensation and stop the infringement.

Patent

A patent is an exclusive right granted by the state to an inventor for his invention which is new, contains an inventive step, and can be applied in industry.

Examples of well-known patents in Indonesia include patents for 4G technology on smartphones owned by large telecommunications companies. This patent protects the technology they develop so that it cannot be imitated by other parties without permission. Another example is a drug patent granted to a pharmaceutical company for the discovery of a new formula that can cure a particular disease.

The patent registration process in Indonesia is regulated by the Directorate General of Intellectual Property (DJKI). The inventor or rights holder must submit a patent application including a complete description of the invention. DJKI will carry out an inspection to ensure that the invention meets patent criteria and does not violate existing patent rights. After that, the application will be announced to give the public an opportunity to submit objections.

Patents provide protection for 20 years from the date of filing of the patent application. During this period, the patent holder has the exclusive right to implement, use, sell or distribute the results of his invention. If another party uses the invention without permission, the patent holder can file a lawsuit.

Patent protection is very important for inventors and companies because it provides incentives to conduct research and development. With legal protection, they can benefit from the investments they have made in creating innovations or new discoveries.

Industrial Design

Industrial designs are exclusive rights granted to creators for new and original designs applied to industrial or craft products. These designs can be three-dimensional shapes, such as furniture shapes, or two-dimensional compositions, such as textile patterns.

Examples of well-known industrial designs in Indonesia include packaging designs for food and beverage products, such as snack packaging or drink bottles. This design not only protects the aesthetic aspects of the product but also helps consumers identify and differentiate the product from other brands. Another example is the batik motif design which has become a characteristic of Indonesian culture and is protected as an industrial design to prevent imitation by other parties.

Industrial design registration in Indonesia is carried out through the Directorate General of Intellectual Property (DJKI). The creator must submit an application by including an image or photo of the design. DJKI will carry out an inspection to ensure that the design meets the requirements and does not violate existing industrial design rights. After that, the design will be announced to give the public an opportunity to submit objections.

Registered industrial designs provide protection for 10 years from the date of receipt of the application. During this period, the rights holder has exclusive control over the use of the design in the production and distribution of the product. If another party copies the design without permission, the rights holder can take legal action to protect their rights.

Industrial design protection is very important for creators and manufacturers because it provides security in investing in unique and innovative designs. With this protection, they can profit from selling products with attractive designs and differentiate them from competitors.

Understanding the types of IPR, especially industrial designs, is very important for creators and business actors to protect their work from illegal imitation. Industrial design registration is a strategic step in ensuring that creativity can provide added value to products and increase competitiveness in the market.

Trade Secret

Trade secrets are information that is not known to the public and has economic value because it is useful in business activities, where the owner has taken reasonable steps to maintain its confidentiality.

An example of a trade secret that is well known in Indonesia and the world is the Coca-Cola soft drink formula. This formula has been kept secret for more than a century and is one of the factors in the company’s success. Another example is a special cooking recipe or production method owned by a restaurant or factory, which is not published so that competitors cannot copy it.

Trade secret protection in Indonesia does not require special registration like other types of IPR. However, the owner must be able to prove that the information is indeed a trade secret and efforts have been made to maintain its confidentiality. This may include the use of confidentiality agreements with employees or third parties, as well as physical and digital safeguards for the information.

Trade secrets provide indefinite protection as long as the information remains confidential and has economic value. If trade secrets are stolen or misused, the owner can file a lawsuit to obtain compensation or stop the use of the information by unauthorized parties.

Trade secret protection is very important for businesses because it allows them to maintain competitive advantages and investments in product or business process development. With this protection, companies can avoid leaks of important information that could harm their position in the market.

Geographical Indication

Intellectual Property Rights (IPR) are exclusive rights granted to creators or rights holders of their work. One important type of IPR is a Geographical Indication (IG), which is a mark used on products that have a specific geographic origin and whose quality, reputation, or other characteristics can essentially be traced back to their geographic origin. GI is often used for agricultural products, food, wine and spirits, and handicrafts.

Examples of IG from Indonesia include Gayo Coffee from Aceh which is famous for its distinctive taste and aroma, Pekalongan Batik which has unique patterns and colors as a result of local and foreign cultural influences, and Sopi from Maluku which is a traditional liquor with a unique manufacturing process. hereditary. These products receive legal protection so that their name and quality are maintained, and cannot be used carelessly by other parties who do not have the rights to the GI.

GI protection in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This protection is important to ensure that only producers located in certain geographic areas and meeting certain standards can use the IG name. This also helps in promoting local products and improving the welfare of local producers because there is a guarantee of product authenticity and quality.

The use of GI not only protects local producers but also provides information to consumers about the origins of the products they buy. Thus, consumers can be sure that they are getting genuine products of the highest quality. Apart from that, IG also plays a role in preserving local cultural heritage and traditions because these products are often closely linked to the cultural identity of a region.

IG registration is carried out by local governments or producer groups at the Directorate General of Intellectual Property. Once the registration is approved, the IG is legally protected and the rights holder can take legal action against anyone who uses the IG without permission. This includes the use of geographic names on similar products that do not meet standards or originate from designated geographic locations.

With GI protection, it is hoped that it can increase the added value of local products in the global market and strengthen national identity through high quality products that are a symbol of Indonesian pride.

IPR Violation

Even though IPRs have been proposed, recognized and protected based on applicable laws, violations of intellectual property rights still often occur. The following are four forms of IPR violations and the sanctions:

Copyright Infringement: Copyright infringement occurs when someone, other than the rights owner, acts on something protected by copyright without permission. This form of infringement includes reproduction, performance, transmission via cable, duplication, broadcast, rental, export or import. Criminal sanctions include a prison sentence of up to seven years or a maximum fine of IDR 5 billion.

Trademark Rights Infringement: Brand rights infringement occurs when someone uses a trademark without permission from the owner. Examples are brand piracy or selling counterfeit products. Criminal sanctions include a prison sentence of up to five years or a maximum fine of IDR 500 million.

Industrial Design Infringement: Industrial design infringement occurs when someone uses an industrial design without permission. This can take the form of piracy of products with certain designs. Criminal sanctions are similar to trademark rights violations.

Trade Secret Violation: A trade secret violation occurs when someone discloses or uses trade secret information without permission. This can be detrimental to the owner and society at large. Criminal sanctions depend on the case.

IPR violations must be stopped so that the rights of creators and owners of works can be respected. Protecting intellectual work is our collective responsibility to ensure that innovation and creativity receive the recognition they deserve and provide benefits to society

In conclusion, it is important for us to respect and protect Intellectual Property Rights (IPR). IPR includes rights such as copyright, patents, trademarks and industrial designs. In the digital era and globalization, IPR protection is becoming increasingly relevant. By appreciating IPR, we give appreciation to creators, researchers and innovators who have contributed to the progress of society. Therefore, let’s better understand and support efforts to protect intellectual property rights.

As a concrete step, we would like to invite you to consider legal services from Skaiwork. Skaiwork is a serviced office service provider in Jakarta. Apart from providing a comfortable and modern work space, Skaiwork also has a team of experts who can assist you with IPR registration and related legal assistance. With the help of Skaiwork, you can ensure that your intellectual property rights are well protected, thereby preventing misuse and ensuring continued innovation and creativity.