Legal Aspect of

Intellectual
Property Rights

Latifah Hisanunnisa
5552230089
 CAPTER 1
Definition of Intellectual Property Rights
What is Intellectual Property Rights?

Intellectual property is wealth derived from human abilities,

which might include works in technology, science, art, and
literature, based on intellectual capacity, thought,
imagination, and taste, and it necessitates a spill of energy
and money in order to obtain a new "product" with the
foundation of research activities.
Types of Intellectual Property Rights
Patent
protect a wide range of well-
known inventions, including the
light bulb, the internal
01
combustion engine, etc.
Trademark
identify and distinguish goods or
services and to indicate the source
03
of those goods or services.
Copyright
02 Authors are granted copyright whether their
original works are published or
unpublished. Books, movies, music,
software, and blueprints are all protected by
copyright.
Trade Secret
04 give protection for proprietary knowledge
utilized by a company enterprise, which
might include secret technological and
business know-how.
 CAPTER 2
History of Intellectual Property Rights
 History

The Greek colony of Sybaris gave chefs an exclusive right to use their culinary discoveries about
500 BCE, marking the first documented occurrence of something approximating intellectual
property. A statute recognizing the rights of authors and inventors to their intellectual labor was
first granted to renowned architect Filippo Brunelleschi by the Republic of Florence. Due to a
number of factors, this was the first and final patent the State ever issued, yet it was still a
significant occasion.
In Venice, Italy, 1470, passed the first law governing
intellectual property rights, which dealt with patent
difficulties. Caxton, Galileo, and Gutenberg were
among the inventors who appeared at the time and
possessed monopoly rights to their innovations. The
English kingdom then adopted patent law during the
TUDOR era in the 1500s, following which the first
patent law, namely the Statute of Monopolies (1653),
was born in England.
 Harmonization efforts in intellectual property rights
began in 1883 with the establishment of the Paris
Convention for patents, trademarks, and designs,
followed by the Berne Convention for copyright. They
established the World Intellectual Property Organization
(WIPO) as a special administrative entity of the United
Nations that deals with intellectual property rights
concerns affecting UN members. Since the signing of the
General Agreement on Tariffs and Trade (GATT) on
April 15, 1994 in Marrakesh, Morocco, Indonesia has
decided to put this agreement into effect through Law
No. 7 of 1974 authorizing the establishment of the World
Trade Organization (WTO).
the effects of enforcing
intellectual property rights:

Rights holders can grant Conduct business quietly

permits or licenses to other without interference from other
parties parties

Take civil or criminal legal

Purchase monopoly rights to
action against the general
intellectual property creators allows
public
creators to economically exploit their
creations.
 Based on Presidential Decree No. 24 of 1979,
Indonesia ratified the Paris Convention (Pans
Convention for the Protection of Industrial
Property (Stockholm Revision 1967)) on May 10,
1979. Due to Indonesia's exclusions (reservations)
to a number of articles, including Articles 1 to 12
and Article 28 paragraph 1, Indonesia's
participation in the Paris Convention at the time
was not yet complete. The Dutch Copyright Law
was replaced by Law No. 6 of 1982, which was
passed by the government on April 12, 1982, to
promote and safeguard the production and
dissemination of intellectual output in the domains
of science, art, and literature as well as to hasten
the rise of intelligence in the country.
 CAPTER 3
Theory of Intellectual Property Rights
 Theory

1
creators and inventors receive rewards Protection of intellectual work outcomes is

Reward
for their labors in the form of
intellectual work acknowledgment. 4
Risk
offered based on the risks encountered
during the writing or research of a work.

2
Recovery
has the right to reciprocity in order to
develop something 5
Economic
Intellectual property rights are a tool for a
nation's internal economic development.

growth

3
Incentive
has the right to reciprocity in order to
develop something
 Indonesia needs the Economic
Growth Theory. According to this
theory, a strong IPR system may serve
as a tool for a nation's economic
development. In order for artists to
flourish and bring honor to the
country, they must be given support
and admiration. Intensive theory is
required in this situation. In order to
create an economic growth theory,
intensive theory is required in
developing nations like Indonesia.
 Theory by
Abdul Kadir Muhammad
Theory of Property
Rights
are considered to be movable intangibles that are legally
recognized as exclusive rights that must be upheld by all
parties and not violated.

Theory of Legal
Protection
Each person's intellectual property rights are awarded
within a specific time frame and are given legal
protection by the state. Each intellectual property right
must be registered by the owner in order for them to be
recognized as legitimate.
Theory of Intellectual Property
Rights Registration
Every person's intellectual property rights must be
registered in accordance with the conditions and
processes prescribed by law if they want to be
acknowledged and protected as the rightful owners.

Theory of Law Enforcement

Once it has been established that someone's rights

have been violated, every legal owner whose rights
have been infringed may file a civil lawsuit in the
Commercial Court.
 CAPTER 4
The Principles of Intellectual Property Rights
Principles

Economic
Fundamentals Justice Principle

Cultural Values Social Guidelines

THANK
YOU