Intellectual Property Rights: Definition and Types
Corporate Secretary Service Indonesia – Intellectual property is simply defined as intangible property that originates from the results of human thought or creativity which then produces a creation in the fields of art, literature, science and technology that has an economic benefit value in it.
In short, it can be said that this intellectual property is wealth born from human intellectual abilities. Intellectual property rights or hereinafter abbreviated to HAKI is the right to be able to enjoy economically the results of an intellectual creativity. HAKI comes from Intellectual Property Right which is regulated in Law Number 7 of 1994 concerning the Ratification of the Agreement Establishing the World Trade Organization.
Types
There are several types of Intellectual Property Rights (IPR), which are as follows:
1. Copyright
In accordance with Law Number 28 of 2014 concerning Copyright, the definition of Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in a tangible form without reducing restrictions in accordance with the provisions of laws and regulations. The creators and recipients of copyright on film works, computer programs or other works have the right to give permission including prohibiting others who without their consent rent the work for commercial purposes. This also applies to producers of sound recordings.
Copyright protection is carried out with a longer period of time in line with the application of the rules in various countries so that the term of copyright protection in certain fields is applied during the life of the creator plus 70 (seventy) years after the creator dies. Protected works include works or creations in the fields of science, art, and literature while works that are not protected by copyright include works that have not been realized in real form and works created only to solve technical problems or whose forms are only intended for functional needs.
2. Patents
In Law Number 13 of 1997 concerning Patent Rights, it is explained that Patents are special rights granted by the State to inventors for their inventions in the field of technology, to carry out their own inventions for a certain period of time or to give their consent to others to carry them out. Patents are granted for a period of 20 years starting from the date of receipt of the patent request. The commencement and expiration dates of the Patent term are recorded in the Patent general register and announced in the official Patent news.
Read Also: Learn the Benefits of Having SNI Certification
3. Trademark
Trademark in Article 1 of Law Number 20 Year 2016 explains that Trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and / or 3 (three) dimensions, sound, holograms, or a combination of 2 (two) or more of these elements to distinguish goods and / or services produced by persons or entities in the trading activities of goods and / or services. The owner of a registered Trademark may grant a license to other parties to use the Trademark in part or in whole of the goods and/or services.
Trademark registration application is submitted by the applicant or his attorney to the Minister electronically or non-electronically in Indonesian language by attaching the Trademark label and proof of payment of Trademark. As for the cost of Trademark Registration is determined per class of goods and / or services.
Trademark Certificate is issued by the Minister since the Trademark is registered and will receive legal protection for a period of 10 (ten) years from the date of receipt. Registered trademarks can be extended electronically or non-electronically within a period of 6 months before the expiration of the term of protection. Trademark is divided into several types, namely as follows:
a. Trademark
Trademarks are Trademarks used on goods traded by a person or several persons jointly or legal entity to distinguish with other similar goods.
b. Service Trademark
Service Trademarks are Trademarks used on services traded by a person or several persons jointly or legal entities to distinguish with other similar services.
c. Collective Trademark
Collective Trademarks are Trademarks used on goods and/or services with the same characteristics regarding the nature, general characteristics, and quality of goods or services as well as its supervision to be traded by several persons or legal entities jointly to distinguish with other similar goods and/or services.
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