Intellectual Property Law Commons^™

Pembatasan Hak Cipta Terkait Remix Lagu Berdasarkan Doktrin Fair Use Dan Undang- Undang Nomor 28 Tahun 2014 Tentang Hak Cipta, Anastasia Theresia Puspasari, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Pencipta Novel Terjemahan Berdasarkan Doktrin Originality Berdasarkan Novel Harry Potter Terjemahan Bahasa Indonesia, Therecia Fransisca Tarigan, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Kajian Hukum Implementasi Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Terkait Perlindungan Hak Cipta Ceramah Agama, Muhammad Fauzi Rais Lutfi, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Manajemen Aset Dan Strategi Pemanfaatan Hak Kekayaan Intelektual (Hak Cipta Sebagai Aset Tak Berwujud), Arya Adhitya

Technology and Economics Law Journal

Assets are one of the results of activities carried out by government agencies. One of these assets can be intellectual property rights (IPR), as intangible assets. IPR is one of the results of thinking or creativity of the State Civil Apparatus (ASN) in official relations with Government Agencies. These IPRs are managed as assets belonging to government agencies. Management of IPR Assets is still not managed well, correctly and ideally. The implementation of IPR asset management needs to be carried out and maximized in order to provide benefits. One of the benefits generated is the economic benefits of the owners …

Traditional Knowledge And Twail, Gunjan Deshpande

Indonesian Journal of International Law

Traditional Knowledge (TK) is a deep-rooted notion in the Indian culture, it is the knowledge that has been passed on for centuries and is governed by the traditional customary laws. It applies to everything from food storage, agriculture to medicine to the preservation of the environment. TK are protected by national or regional laws that provide limited protection. There have been various instances where Indian TK was patented outside India some of the examples are Turmeric, Amla, and Neem. TK is the base of modern science and technology, as it is derived from a strong cultural heritage that is vital …

Distorsi Hak Moral Dalam Orbit Digital, Henry Soelistyo

Technology and Economics Law Journal

No abstract provided.

Legal Aspect Of The Right To Be Forgotten (Rtf) On Social Media In Indonesia, Ahmad M Ramli, Tasya Safiranita, Denindah Olivia, Reihan Ahmad Millaudy

Technology and Economics Law Journal

Social media as a digital platform has a highly specialized design. Firstly, the content distribution is massive and instantaneous; and secondly, all the information and contents contained in the social media are relatively permanent, almost eternal, and are easily accessible even though it has been for decades. Furthermore, it is becoming easier to find sources of information with a search engine, such as Google, that can display up to millions of search results in a fraction of a second. The guarantee of the right to privacy is, then, related to a new right that was first recognized on the European …

Analisis Sengketa Dagang Merek Terkenal Antara Tbl Licensing Llc Dengan Timberlake Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor 42/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst), Trini Diyani, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Sifat Hukum Hak Cipta Sebagai Kebendaan Sui Generis, Agus Sardjono

Technology and Economics Law Journal

No abstract provided.

Strategies Used In Translating The Fantastic Events In Venus Dari Kota Ille, Ria Rizkya, Arif Budiman

International Review of Humanities Studies

The fantastic (le fantastique) is a literary genre that originated from France, which has a specific characteristic of an ambiguous event that cannot be found in other literary works from other countries that introduce similar genres. This study discusses the translation strategies used to translate these fantastic events in Venus dari Kota Ille, the Indonesian translation version of the fantastic story of La Vénus d'Ille by Mérimée (1837). The objective of this research is to see what strategies the translator use in translating the fantastic events that are present in the French version that contained uncanny elements and whether these …

Syarat Kebaruan Pada Desain Industri Sebagai Dasar Gugatan Pembatalan Desain Industri, Rizqi Tsaniati Putri

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Intellectual Property Rights, including Industrial Design Rights, are an important matter to be protected especially in relation to the growing market development in the world and in Indonesia itself. Protection of Industrial Designs is needed to encourage creativity and as a form of protection and appreciation for Industrial Designs for its creators. In Indonesia, the protection of industrial designs is regulated based on Law Number 31 of 2000 concerning Industrial Designs. Even though Indonesia already has laws and regulations governing the Industrial Designs, there are still some things in the Law that still need to be clarified in order …

Masalah Penggunaan Ciptaan Sebagai Data Masukan Dalam Pengembangan Artificial Intelligence Di Indonesia, Ari Juliano Gema

Technology and Economics Law Journal

The development of Artificial Intelligence (AI) is growing so fast. The availability of input data is important because it has a major impact on how the AI system will be developed. The use of copyrighted works as input data in AI development is also unavoidable. This paper tries to examine how the copyright law in Indonesia relates to the use of copyrighted works as input data for AI development. Based on the results of the study, it is known that the use of copyrighted works as input data for AI development in Indonesia still has to respect the exclusive rights …

Perlindungan Hukum Terhadap Karya Cipta Pada Layanan Over The Top (Ott), Nuruzzhahrah Diza

Technology and Economics Law Journal

No abstract provided.

Tinjauan Hukum Perlindungan Hak Cipta Film Dokumenter Dan Peluang Hak Ekonomi Insan Perfilman Dokumenter Di Indonesia, Kadenza Adistya Tamara Indratmo

Technology and Economics Law Journal

The film production process requires human resources (power) with certain qualifications according to their roles and functions. At a certain level, the personnel involved in film production must be professionals. One of the significant growths of the Indonesian film industry today is the growth in the number of cinema screens. In addition, new film genres have also emerged, so that the films shown by the public are increasingly diverse. One of these new genres is the documentary film as a cinematographic work which is also protected by Law Number 28 of 2014 concerning Copyright (UUHC). In the midst of such …

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …

Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan

Indonesian Journal of International Law

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more …

Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal

Indonesian Journal of International Law

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …

Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah

Indonesian Journal of International Law

International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …

Author's Right Is Not Only Copyright, Agus Sardjono

Indonesian Journal of International Law

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.

Critical Examination Of The Intellectual Property Regimes In The Gulf-Co-Operation Council (Gcc) States, Nadia Naim

Indonesian Journal of International Law

The research focuses on the intellectual property developments made by the member states of the GCC and how intellectual property development and subsequent deployment, can act as a catalyst for financial prosperity. The main purpose of the research is to analyse and examine the intellectual property provisions currently in existence within the states of the GCC. The aim is to provide recommendations to improve the current level of intellectual property protection at both a national level and at a state level in the GCC through an integrated intellectual property protection model. There have been three main stages in the development …

Visually Impaired Persons And Access To Copyrighted Works: The Indian Roadmap, Anjana Girish, Saraswathy Vaidyanathan

Indonesian Journal of International Law

The copyright regime poses challenges to visually impaired persons, such as the inability to access books written in a format suitable for their reading needs. Therefore, in 2013, the Marrakesh Treaty to Facilitate Access to Published Works for Blind Persons, Visually Impaired, or Otherwise Print Disabled was carried out to resolve these challenges. India has adopted certain exceptions in its copyright regime, which facilitate access to the visually impaired. However, the beneficial effects of these provisions remain debatable. This research is based on an empirical study conducted on the effectiveness of the provisions of the Indian Copyright Act on facilitating …

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

Impacts Of Iprs Basic Provisions In Cptpp On Technology Transfer And Innovation - Suggestion In Indonesia, Nguyen Phan Quoc

Indonesian Journal of International Law

No abstract provided.

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer

Indonesian Journal of International Law

Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This …

Signs Of Ghost Appearance In Short Stories In Bataviaasch Nieuwsblad (1936-1939): Semiotic Analisys, Rufaida Rufaida, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018-2019 the production of the Indonesian ghost story is much in demand and favored, even in 2020 the ghost content on YouTube is still lively and salable in the Indonesian market. The existence of ghosts cannot be separated from the daily lives of Indonesians.The author is interested in exploring further how the signs of the emergence of a ghostly figure believed by the people in the colonial era. This study uses a descriptive qualitative method with an approach using the analysis of language semiotics from the perspective of Charles Sanders Peirce's semiotics theory. 5 ghost stories published by the …

The JāTakamāLā Reliefs Of Borobudur: Beneficial And Insightful Acts In Adverse Times, So Tju Shinta Lee

International Review of Humanities Studies

This study is aimed to examine seven selected allegories of Āryaśūra’s Jātakamālā engraved in Candi Borobudur, to analyze the multiple aspects of the six perfections (pāramitās) exemplified in them and how these perfections are applied in day-to-day life. The literature study involved data collection triangulation to determine the extant Jātakamālā and pāramitā texts closest to the sources. Content analysis on the Jātakamālā texts and observation of its corresponding reliefs were carried out to identify the message and substantial points of each allegory. Both the actions and the motivation driving the character to perform such actions are considered. Using thematic analysis, …

Working From Home: Women Between Public And Domestic Spheres After The Outbreak Of Covid-19, Mina Elfira, Bambang Wibawarta, Rouli Esther, Fandra Febriand

International Review of Humanities Studies

This study examines how working mothers negotiate her gender role and strategize in facing the condition when domestic and public sphere exist in one space called home after the outbreak COVID-19 pandemic in Indonesia. The research questions are ” how far does working from home give an impact in changing patriarchal gender relation and distribution of work division at home?”, and “to what extends women modify their home functions in coping with COVID 19 pandemic condition and in minimizing patriarchal authority at their own home?” The research uses qualitative methods, including in-depth interviews and questioner filling, and focuses on samples …

Political Rhetoric Related To Immigration In The 2017 French Presidential Campaign, Siti Aisyah, Airin Miranda

International Review of Humanities Studies

This article discusses the political rhetoric regarding immigration and the presence of immigrants declared by the French presidential candidates in the 2017 French presidential election. The issue of immigration is one of the most important aspects of French domestic and foreign policy. The purpose of this study is to determine the perceptions and acceptance of immigrants from the 2017 French presidential candidates, and their impact on the French public. The theory used in this research is Norman Fairclough's three-dimensional models, namely the microstructural, mesostructural, and macrostructural dimensions. The data taken is the first source in the form of newspapers, online …

French Neologisms In Larousse Dictionary Of 2018 And 2019, Amelia Wahyu Julisdianti, Danny Susanto

International Review of Humanities Studies

Larousse is one of the most important and widely used French-language dictionaries. Larousse dictionary annually releases its new edition with the addition of on average 150 new words due to the appearance of new words, known as the phenomenon of neologism. The aim of this study is to identify how new words or neologisms in the Larousse dictionary edition of 2018 and 2019 were formed using a morphological approach. The analysis essentially uses the combination of theories of Lehmann & Martin-Berthet (1999) and Grevisse, M., & Goosse, A. (2007) on four types of word formation: derivation, composition, siglaison (acronym), and …