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Merek ya Merek, Paten ya Paten... Jangan Dicampur Aduk: Mematenkan Merek (HAK KEKAYAAN INTELEKTUAL)

21:38EnglishBy Legal AksesTranscribed Jul 24, 2026
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0:00

Hi in daily practice and interaction,

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maybe we often react,

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especially among entrepreneurs or

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maybe your colleagues, many people say

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like this, I have patented this trademark

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or a musician who is

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proud of his song

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says I have patented the copyright of

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my song, if the trademark is

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patented or copyright is patented,

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then what is the patent itself, hacked,

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created or hacked merchant okay, that

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might just be a term, yes, trademark,

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copyright and patent, but if the term is

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printed in an official legal document,

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especially for legal evidence purposes,

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for example in a contract, wasallam, it can be

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completely revoked if there is a problem, show

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all of that, trademark, copyright and patent are

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actually included in the concept of rights

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and intellectual or [ __ ] intellectual

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property Rights and in the field of IPR

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itself, both trademark, copyright and patent,

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all three are different legal concepts that

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stand alone, have their

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own concepts and cannot be mixed up,

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yes, trademark, copyright,

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Likewise, patents cannot be

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mixed up, it cannot be said that I

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have patented trademark rights. I am what is

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called mixing up trademarks and

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patents, besides trademarks, copyright and patents,

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there are also industrial designs,

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trade secrets, design layouts The location of integrated circuits

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and plant variety protection are

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seven areas of IPR If you are

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a musician or maybe you are a

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filmmaker, videographer, including If

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you are a YouTube content creator, maybe a

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business owner who has a logo or brand, a

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betting owner who has his own secret cooking recipe, a

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fashion designer, or maybe

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you are a researcher on campus who

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happens to be an inventor, then of course

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the concept of this right is very close to

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you, what kind of figure is the form of the goods

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we will discuss in this video,

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intellectual property rights or IPR are

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property rights in an intangible form

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or the term Inten jibel

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assets have economic value but are not

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physically tangible IPR is an

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intangible asset because its form is a

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creation or invention from the results of

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human thought or creativity that can be large,

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can enter the fields of art, literature, science,

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including technology, of course you

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know Juan Kathleen Rowling, right? Or if

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rolling the author of the Harry Potter book, if

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you follow her life story, of course you

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also know how she poured

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her creative energy into writing

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Harry Potter, a middle-

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aged woman who has just divorced, unemployed, has to

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take care of her young daughter,

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a true friend, loneliness and

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poverty, but her true friend is her

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loneliness and poverty, she

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delivered the intellectual project

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of writing her book to become one of the

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legendary literary works It is not enough

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just for a book to be translated into many

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language in the world because it was even translated

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into a film including being a

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theme in the Universal Studios amusement park

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one intellectual work writing a book

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has brought him to the intense IBL

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intellectual property assets copyright

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that education And this is also what makes JK

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Rowling one of the

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richest writers in the world JK Rowling's work

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in the HQ concept is included in

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copyright or copyright simply the right

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to copy or duplicate a

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work of copyright itself in

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Indonesia is regulated in Law

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Number 28 of 2014 concerning copyright

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there we are defined as the

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exclusive right of the Creator which arises

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automatically based on the

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declarative principle after a creation

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is realized in a tangible form without

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reducing the restrictions according to the

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law in this sense

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a creation can be legally protected

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without having to be registered

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first because based on the

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declarative principle the legal protection of copyright

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is automatically born when

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the creation is finished or when it has been

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realized or born and without having to go

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through the formalities of registration

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first some creations that are

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protected by copyright law in

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the field of science, art and literature

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include Oh yes this list is quite

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long so please read it yourself

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the form of another intellectual cagayan

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is a brand of course you already understand very

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well Yes what is meant by brand If you

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are an entrepreneur or For example

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you have a restaurant or cafe or

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you produce your own goods to

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sell, surely one of the first things

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to think about is the name of your sales brand or

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cafe

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Hi this is to distinguish it from

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other similar goods or cafes What is a

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brand or logo legally before

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maybe you are familiar with this sound

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yes Or maybe there are also familiar with

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this sound and for those of you who like watching

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movies must be very familiar with this sound

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Yep the sounds above are sound

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branding from iPhone Intel and twentieth

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Century Fox which can also be

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categorized as sound

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branding brands or also known as

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Sonic branding in the form of audio

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is believed to be able to evoke a

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strong and unique identity for a product

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through impressive sound

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Hi So if traditionally we

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know that the name of the brand is limited to

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images or writing with a combination of

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colors, then in the modern and edgy era

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like now audio can also be

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categorized as brands that

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can be registered and get

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legal protection In fact, not only

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audio graphics in three-dimensional form

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and holograms are also categorized as

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brands that can be registered and

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get legal protection in

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Indonesia and the provisions regarding brands are

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regulated in law number 20 of

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2016 concerning brands, this is the

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latest amendment to the

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previous law regarding brands,

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law number 15 ... 2001

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in the 2001 law sound and

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three dimensions including holograms are

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not included in the brand category but

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in the latest amendments to the law

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number 20 of 2016 has

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included three-dimensional audio and

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holograms as brands in the

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law, a brand is defined

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as a mark that can be displayed

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graphically in the form of a picture, name, word,

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letters, Sunan color, either in

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three-dimensional or two-dimensional form,

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including sound and holograms

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or a combination of two or more elements

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to distinguish goods or services

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produced by orange in

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the trade of goods and services, different

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from the copyright that does not need to be

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registered, so that a brand

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gets legal protection, the brand

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must be registered, the principle

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is first to file, meaning whoever

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registers it first will

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be the brand owner.

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Hi, around the 1950s and 1960s, the era

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when the aircraft industry

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experienced a boom, many

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airlines were aggressively making

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bigger and faster aircraft. At

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that time, there were also many

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airplane accidents caused by

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structural failure or

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damage to the aircraft body construction which was

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usually not detected.

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This structural failure usually occurs because the

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aircraft material used has a

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limited capacity in terms of fatigue of the

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aircraft body material or the term

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fatigue material, especially In the

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connection between the wing and the fuselage,

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material fatigue or metal fatigue

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occurs because the aircraft construction

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receives intense and continuous shocks and pressure

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during take-off, landing,

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and turbulence.

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These pressures result in

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cracks or cracks,

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especially in aircraft. The

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cracks usually start out as

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small cracks, then the cracks

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spread lengthwise, then

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branch out, and then cause a fracture.

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This is what causes many

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plane crashes. At that time,

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for example, in the De Havilland

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Comet flight number 781 belonging to the

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airline byi in January 1954,

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this plane had an accident on

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its flight from Singapore to London. It

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broke and exploded in the air, crashing into the

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sea and killing 35 passengers

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and crew. The conclusion of the

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investigation was that the accident was caused

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by cracks in the fuselage

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caused

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by metal fatigue or fatigue of the

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aircraft body structure. At

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that time, a young man in his

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30s, a Doctor, an engineer,

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came to offer a solution. He was able to

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calculate and explain how the

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cracks occurred and propagated

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in detail. He was even able to

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calculate the details down to the

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atomic structure. His idea was then welcomed

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by the aviation industry and

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practiced there and in the

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aviation world the theory is called the

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crack propagation theory and the aviation world

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also knows it as the Habibie factor

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Yep the crack or crack theory was

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infected by Doctor Engineer

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Bacharuddin Jusuf Habibie who Since

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the discovery of the theory has changed the

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world's aircraft industry to be

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more efficient in

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technical rapping and more economical and the

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intention is one of the

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patented inventions and patents

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are part of intellectual property rights

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which generally always

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originate from inventions and

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science and technology For

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example in the aircraft industry

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according to law number 13 of

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2016 concerning patents patents are defined

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as exclusive rights granted by

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the state to inventors for the results of

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their inventions, especially in the field of technology

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and for a certain period of time

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investors can carry out their own

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inventions or give

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their consent to others to

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carry out the invention so

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inventions that can be granted a patent

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are basically ideas in

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creative efforts to produce products and

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processes for solving problems that are

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beneficial to human life,

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especially in

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science and technology

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to obtain a patent an

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invention must be registered

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first What is the difference between this glass and

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this glass

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Hi both are glasses and have the

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same function for drinking

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the difference is of course from the shape yes

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design and of course also from the

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aesthetic value of ceramics is certainly more

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aesthetic when compared with

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this plastic cup or this cup which has a

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better aesthetic value and

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of course the price is also different yes and

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because all three are produced by the

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industry mass produced for

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trade then in the HQ concept

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all three are known as industrial designs

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legally industrial designs are regulated

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in Law Number 31 of

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2000 concerning industrial designs according to the

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law can be industrial

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is a creation of a form of configuration

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or composition of lines colors or a combination

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of the three in

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three dimensions or two dimensions and

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gives an aesthetic impression and can be

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realized in three-dimensional or

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two-dimensional patterns industrial designs can also be

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used to produce

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other industrial goods and commodities so The

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main focus of industrial design protection

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is on the creation of

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these forms that distinguish between one form of

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design with another design that

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distinguishes between one product

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with another product even though in

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principle they have the same function an

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industrial design can be legally protected

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based on the constitutive principle

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meaning to obtain

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legal protection industrial designs must

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first be registered with the Directorate General of Intellectual Property Rights

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at the Ministry of Law and Human Rights the

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first generation The use of computers

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is called vacuum blow computers were used

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around 1940 you

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Hi, computers that use

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vacuum tubes can take up a special

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room, about a full room,

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but today, to operate the

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applications that we usually

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use on our computers, we only

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need a laptop, we can even

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use a tablet or even a

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smartphone, and the revolution from the size of a

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computer that was originally as big as a giant

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to a small soap dish, even

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thinner, occurred because of materials as small as

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this integrated circuit or IC, or in

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Indonesia we usually also call it an integrated

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circuit, an integrated circuit or

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integrated circuit is a

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basic component that usually consists of

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active elements and passive elements

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such as resistors, transistors,

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or capacitors, and is

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usually used in

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electronic equipment. This tool can be said to be

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the brain of an electronic device,

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working, such as this processor,

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which makes a computer work

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in processing data and information.

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Legally, integrated circuits are regulated in

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Law Number 32 of 2000

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concerning the layout design of

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integrated circuits in Article 1, number 1, an

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integrated circuit is defined as a product

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in either finished or semi-finished form,

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in which there are various elements,

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both active elements and passive elements.

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But at least according to

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this law, one of the elements is an

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active element, some or all of which are

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related and integrated and used

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in a semiconductor material whose

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purpose is to produce electronic functions. Have

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you ever experienced a situation

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where when you open a business,

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for example, open a restaurant? You have a

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favorite recipe, your own recipe, the result of

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your hard work and culinary experiments

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for months, maybe or

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maybe for years, suddenly

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your recipe is stolen by your

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own employee, your employee resigns

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from your restaurant, then he opens his

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own restaurant and uses

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the recipe from your hard work in

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running his business. Therefore,

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because of the example above, legally it is

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necessary to have legal protection

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for trade secrets. The need for

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this trade secret protection is

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because the information contained in the

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trade secret is generally obtained

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with hard work, involving

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special skills, taking up quite a lot of

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time and of course investment that provides a

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diet.

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Well, the law on trade secret protection is

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regulated in Law Number 30

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of 2000 concerning trade secrets. In

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that law, trade secrets

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are defined as information he

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typed known to the public in the field of

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technology and business that has

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economic value because it is useful in

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business activities and is kept confidential

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by the owner of the trade secret. The

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protected information can be in the scope of

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production methods, processing methods,

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sales methods and other information

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that essentially has economic value

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that is not known to the

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general public. In the protection of plant varieties, the

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rights protected by law

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are plant varieties resulting

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from plant breeding activities. The

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protection of plant varieties is regulated

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in Law Number 29 of 2000.

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2000 on the protection of

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plant varieties there it is determined that

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plant varieties are a group of

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plants of a type or species

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characterized by the shape of the plant

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growth leaves flowers fruit seeds and

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expression of genotypic characters that can

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distinguish the plant from the same type or

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species and what distinguishes

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it is at least one

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determining trait and if the variety is

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propagated then its nature is stable meaning it

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does not experience changes and

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this plant variety is obtained from

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the results of plant breeding the conditions for a

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variety to be given vbt is that the

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variety must be new must be unique

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uniform and stable so with the seven

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concepts of our rights hacked Let

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's trademark patent industrial design

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trade secret integrated circuit layout design

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and protection of

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our plant varieties of course we can no longer

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mix one field of IPR with

20:32

another field of IPR yes but we also should

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not be too rigid in separating

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each field of IPR because

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in a product it may involve

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several fields of intellectual property rights

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at once for example the iPhone brand mobile phone product

20:50

in the product besides

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sticking the iPhone brands itself there

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are also industrial design patent rights

20:58

and there may also be

21:01

integrated circuit layout design rights show that is the

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information we convey hopefully

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this brief information is useful

21:09

and useful for you in

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inventorying

21:13

your intellectual property rights happy exploring

21:17

and greetings

21:20

Hi Ho

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