Legal Guarantee for Protection of Intellectual Property Rights in Indonesia

Protection of Intellectual Property Right (HAKI) is one of the basic rights protected by legal products in various countries. Not only that guarantees for intellectual property rights are also included in various international documents and agreements.

The Universal Declaration of Human Rights (UDHR) for example, in Article 27 paragraph (2) states, “Every human being has the right to protection, both morally and in material interests, resulting from scientific work, literature, as well as the art he made. “

Indonesia itself also has a legal framework to guarantee IPR. Among them is Law No. 28 of 2014 concerning Copyright and Law No. 13 of 2016 concerning Patents. In Article 1 of the Copyright Law, for example, it is stated that “Copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a work is manifested in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations.”

Meanwhile, in Article 1 of the Patent Law, it is stated that a patent is an “exclusive right granted by the state to an inventor for the results of his invention in the field of technology for a certain period of time to carry out the invention by himself or to grant approval to other parties to implement it.”

The history of Intellectual Property Right protection law products in Indonesia can also be traced back to before Indonesia’s independence. The Dutch colonial government, for example, enacted the Trademark Law in 1885 and the Copyright Law in 1912. After independence, in 1953, the Minister of Justice of the Republic of Indonesia issued the first national regulation on patents, namely the Announcement of the Minister of Justice no. J.S 5/41/4.

However, unfortunately, even though Indonesia already has a legal framework for IPR protection which is followed by a long history, the implementation of this Law is still too minimal.

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