THE TYPE OF INTELLECTUAL PROPERTY RIGHTS

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A Company engaged in the field of service or trade is surely familiar with Intellectual Property Rights (IPR), whereas an IPR is an exclusive rights granted by a certain law or regulation to a person or a group of person for their result of works.  A key to successful company lies to its business plan.  A company’s business plan should not limited to a high market interest, a high profit, or widely known company’s name, but also including the company’s asset.

In this digital era, an asset is not limited to land, building, company’s car, but it also includes the company’s IPR.  Today, IPR is an asset that has its economic value for its holders.

Many people considers IPR is limited only to Brand, however, in fact there are other types of IPR.  Therefore, in this article we will share you an information on the type of the other IPR, i.e:

  1. Copyright
  2. The elaboration on the copyright is regulated within the Law Number 28 of 2014, is an exclusive right of the creator to publish or to reproduce his/her work.  This right shall only exclusively granted to its creator.  The protection arises automatically when the creation is embodied in a tangible form, and a registration to such copyright is not an obligation.  The works that may be granted a copyright are consisting of science, art, and literature.

  3. Patents
  4. Referring to Law Number 13 of 2016 concerning Patents, Patents is an exclusive rights granted by the state to the inventor for his/her inventions in the field of technology for a certain period of time to carry on the inventions himself/herself or to grant a consent to another party to carry on such inventions.  Patents only granted for inventions in the field of technology.

  5. Marks
  6. Marks is a sign appear in a graphical form in the form of picture, logo, name, word, letters, figures, composition of colors, in a two dimensional form and/or three dimensional form, sound, hologram or a combination of two or more of such elements, having distinguishing features in the good s and/or services produced by a person or a legal entity in their activities of trade in goods and/or services.  The elaboration on marks is contained in the Law Number 20 of 2017 concerning Trademarks and Geographical Indications.  Marks itself were known to be categorized into 3 types: trademarks,  service marks, and collective mark.  A registration on marks can be conducted through Directorate General of Intellectual Property Rights, of the Ministry of Law and Human Rights.

  7. Industrial Designs
  8. Industrial designs is a creation on the form, configurations or line compositions or colors or line and colors or a combination of both in a three dimensional form and/or two dimensional form that gives an esthetical impression and produced to be used in creating a product, goods, industrial commodities or handicrafts.  The protection of this industrial designs is regulated in the Law Number 31 of 2000 concerning Industrial Design.

  9. Layout Design of Integrated Circuits
  10. Under the Law Number 32 of 2000 concerning Layout Design of Integrated Circuits, the elaboration on layout design of integrated circuits is a creation in the form of a three dimensional layout design of a finished or half-finished product that contains various elements, at least one of which is active which are partly or entirely interconnected and integrated formed in a semiconductor.  An exclusive rights on this is given for a 10 years period of time.

  11. Trade Secrets
  12. This kind of IPR is given when a trade secrets is being protected, not to publicly published.  Trade secrets are different from any other type of IPR that may be published.  A form of protection granted by the government to the trade secrets i.e production methods, processing method, selling method or any other method that has an economic value and it is not known to the public.  This protection is regulated in the Law Number 30 of 2000 concerning Trade Secrets.

  13. Plant Variety Protection
  14. The object of protection in this regard is included those plant’s seed to be breed in becoming a seed with a stable production result, new, unique, therefore if it is grown within the outside of its territory shall result in the same plants.  The new species of plant may be given a name.  A person or a legal entity may file an application for this rights.  The regulation is set forth in the Law Number 29 of 2000 concerning Plant Variety Protection.

  15. Geographical Indications
  16. This type of rights is different with the plant variety protection rights, because the protected object is a result from a plant or any other creation grown within a certain area and it is unable to produce the same plant or creation in another territory.  To submit an application for this protection, the applicant must be from societal organizations of another certain group which does not have a specific limitation of protection time.  The protection of the geographical indications is set forth in the Law Number 20 of 2016 concerning Marks and Geographical Indications.

A protection to IPR other to becoming a company’s assets that can give profit, it is also for the company to risk mitigate regarding the piracy or any other thing that may cause a damage to the IPR owner, therefore an IPR registration has become more important things today.

HOW CAN SMART LEGAL CONSULTING HELP YOU?
A corporate legal services provider with experience and capability to assist Clients with their company operational matters by providing legal advice. We can help to provide assistance to get legal advice related to Intellectual Property Rights. If you need immediate assistance, please contact the SMART Help Desk at:

E: info@smartcolaw.com
H: +62821-1234-1235
O: +6221-8067492

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Fairus Harris Senior Associate
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