Merek ya Merek, Paten ya Paten... Jangan Dicampur Aduk: Mematenkan Merek (HAK KEKAYAAN INTELEKTUAL)
Hi in daily practice and interaction,
maybe we often react,
especially among entrepreneurs or
maybe your colleagues, many people say
like this, I have patented this trademark
or a musician who is
proud of his song
says I have patented the copyright of
my song, if the trademark is
patented or copyright is patented,
then what is the patent itself, hacked,
created or hacked merchant okay, that
might just be a term, yes, trademark,
copyright and patent, but if the term is
printed in an official legal document,
especially for legal evidence purposes,
for example in a contract, wasallam, it can be
completely revoked if there is a problem, show
all of that, trademark, copyright and patent are
actually included in the concept of rights
and intellectual or [ __ ] intellectual
property Rights and in the field of IPR
itself, both trademark, copyright and patent,
all three are different legal concepts that
stand alone, have their
own concepts and cannot be mixed up,
yes, trademark, copyright,
Likewise, patents cannot be
mixed up, it cannot be said that I
have patented trademark rights. I am what is
called mixing up trademarks and
patents, besides trademarks, copyright and patents,
there are also industrial designs,
trade secrets, design layouts The location of integrated circuits
and plant variety protection are
seven areas of IPR If you are
a musician or maybe you are a
filmmaker, videographer, including If
you are a YouTube content creator, maybe a
business owner who has a logo or brand, a
betting owner who has his own secret cooking recipe, a
fashion designer, or maybe
you are a researcher on campus who
happens to be an inventor, then of course
the concept of this right is very close to
you, what kind of figure is the form of the goods
we will discuss in this video,
intellectual property rights or IPR are
property rights in an intangible form
or the term Inten jibel
assets have economic value but are not
physically tangible IPR is an
intangible asset because its form is a
creation or invention from the results of
human thought or creativity that can be large,
can enter the fields of art, literature, science,
including technology, of course you
know Juan Kathleen Rowling, right? Or if
rolling the author of the Harry Potter book, if
you follow her life story, of course you
also know how she poured
her creative energy into writing
Harry Potter, a middle-
aged woman who has just divorced, unemployed, has to
take care of her young daughter,
a true friend, loneliness and
poverty, but her true friend is her
loneliness and poverty, she
delivered the intellectual project
of writing her book to become one of the
legendary literary works It is not enough
just for a book to be translated into many
language in the world because it was even translated
into a film including being a
theme in the Universal Studios amusement park
one intellectual work writing a book
has brought him to the intense IBL
intellectual property assets copyright
that education And this is also what makes JK
Rowling one of the
richest writers in the world JK Rowling's work
in the HQ concept is included in
copyright or copyright simply the right
to copy or duplicate a
work of copyright itself in
Indonesia is regulated in Law
Number 28 of 2014 concerning copyright
there we are defined as the
exclusive right of the Creator which arises
automatically based on the
declarative principle after a creation
is realized in a tangible form without
reducing the restrictions according to the
law in this sense
a creation can be legally protected
without having to be registered
first because based on the
declarative principle the legal protection of copyright
is automatically born when
the creation is finished or when it has been
realized or born and without having to go
through the formalities of registration
first some creations that are
protected by copyright law in
the field of science, art and literature
include Oh yes this list is quite
long so please read it yourself
the form of another intellectual cagayan
is a brand of course you already understand very
well Yes what is meant by brand If you
are an entrepreneur or For example
you have a restaurant or cafe or
you produce your own goods to
sell, surely one of the first things
to think about is the name of your sales brand or
cafe
Hi this is to distinguish it from
other similar goods or cafes What is a
brand or logo legally before
maybe you are familiar with this sound
yes Or maybe there are also familiar with
this sound and for those of you who like watching
movies must be very familiar with this sound
Yep the sounds above are sound
branding from iPhone Intel and twentieth
Century Fox which can also be
categorized as sound
branding brands or also known as
Sonic branding in the form of audio
is believed to be able to evoke a
strong and unique identity for a product
through impressive sound
Hi So if traditionally we
know that the name of the brand is limited to
images or writing with a combination of
colors, then in the modern and edgy era
like now audio can also be
categorized as brands that
can be registered and get
legal protection In fact, not only
audio graphics in three-dimensional form
and holograms are also categorized as
brands that can be registered and
get legal protection in
Indonesia and the provisions regarding brands are
regulated in law number 20 of
2016 concerning brands, this is the
latest amendment to the
previous law regarding brands,
law number 15 ... 2001
in the 2001 law sound and
three dimensions including holograms are
not included in the brand category but
in the latest amendments to the law
number 20 of 2016 has
included three-dimensional audio and
holograms as brands in the
law, a brand is defined
as a mark that can be displayed
graphically in the form of a picture, name, word,
letters, Sunan color, either in
three-dimensional or two-dimensional form,
including sound and holograms
or a combination of two or more elements
to distinguish goods or services
produced by orange in
the trade of goods and services, different
from the copyright that does not need to be
registered, so that a brand
gets legal protection, the brand
must be registered, the principle
is first to file, meaning whoever
registers it first will
be the brand owner.
Hi, around the 1950s and 1960s, the era
when the aircraft industry
experienced a boom, many
airlines were aggressively making
bigger and faster aircraft. At
that time, there were also many
airplane accidents caused by
structural failure or
damage to the aircraft body construction which was
usually not detected.
This structural failure usually occurs because the
aircraft material used has a
limited capacity in terms of fatigue of the
aircraft body material or the term
fatigue material, especially In the
connection between the wing and the fuselage,
material fatigue or metal fatigue
occurs because the aircraft construction
receives intense and continuous shocks and pressure
during take-off, landing,
and turbulence.
These pressures result in
cracks or cracks,
especially in aircraft. The
cracks usually start out as
small cracks, then the cracks
spread lengthwise, then
branch out, and then cause a fracture.
This is what causes many
plane crashes. At that time,
for example, in the De Havilland
Comet flight number 781 belonging to the
airline byi in January 1954,
this plane had an accident on
its flight from Singapore to London. It
broke and exploded in the air, crashing into the
sea and killing 35 passengers
and crew. The conclusion of the
investigation was that the accident was caused
by cracks in the fuselage
caused
by metal fatigue or fatigue of the
aircraft body structure. At
that time, a young man in his
30s, a Doctor, an engineer,
came to offer a solution. He was able to
calculate and explain how the
cracks occurred and propagated
in detail. He was even able to
calculate the details down to the
atomic structure. His idea was then welcomed
by the aviation industry and
practiced there and in the
aviation world the theory is called the
crack propagation theory and the aviation world
also knows it as the Habibie factor
Yep the crack or crack theory was
infected by Doctor Engineer
Bacharuddin Jusuf Habibie who Since
the discovery of the theory has changed the
world's aircraft industry to be
more efficient in
technical rapping and more economical and the
intention is one of the
patented inventions and patents
are part of intellectual property rights
which generally always
originate from inventions and
science and technology For
example in the aircraft industry
according to law number 13 of
2016 concerning patents patents are defined
as exclusive rights granted by
the state to inventors for the results of
their inventions, especially in the field of technology
and for a certain period of time
investors can carry out their own
inventions or give
their consent to others to
carry out the invention so
inventions that can be granted a patent
are basically ideas in
creative efforts to produce products and
processes for solving problems that are
beneficial to human life,
especially in
science and technology
to obtain a patent an
invention must be registered
first What is the difference between this glass and
this glass
Hi both are glasses and have the
same function for drinking
the difference is of course from the shape yes
design and of course also from the
aesthetic value of ceramics is certainly more
aesthetic when compared with
this plastic cup or this cup which has a
better aesthetic value and
of course the price is also different yes and
because all three are produced by the
industry mass produced for
trade then in the HQ concept
all three are known as industrial designs
legally industrial designs are regulated
in Law Number 31 of
2000 concerning industrial designs according to the
law can be industrial
is a creation of a form of configuration
or composition of lines colors or a combination
of the three in
three dimensions or two dimensions and
gives an aesthetic impression and can be
realized in three-dimensional or
two-dimensional patterns industrial designs can also be
used to produce
other industrial goods and commodities so The
main focus of industrial design protection
is on the creation of
these forms that distinguish between one form of
design with another design that
distinguishes between one product
with another product even though in
principle they have the same function an
industrial design can be legally protected
based on the constitutive principle
meaning to obtain
legal protection industrial designs must
first be registered with the Directorate General of Intellectual Property Rights
at the Ministry of Law and Human Rights the
first generation The use of computers
is called vacuum blow computers were used
around 1940 you
Hi, computers that use
vacuum tubes can take up a special
room, about a full room,
but today, to operate the
applications that we usually
use on our computers, we only
need a laptop, we can even
use a tablet or even a
smartphone, and the revolution from the size of a
computer that was originally as big as a giant
to a small soap dish, even
thinner, occurred because of materials as small as
this integrated circuit or IC, or in
Indonesia we usually also call it an integrated
circuit, an integrated circuit or
integrated circuit is a
basic component that usually consists of
active elements and passive elements
such as resistors, transistors,
or capacitors, and is
usually used in
electronic equipment. This tool can be said to be
the brain of an electronic device,
working, such as this processor,
which makes a computer work
in processing data and information.
Legally, integrated circuits are regulated in
Law Number 32 of 2000
concerning the layout design of
integrated circuits in Article 1, number 1, an
integrated circuit is defined as a product
in either finished or semi-finished form,
in which there are various elements,
both active elements and passive elements.
But at least according to
this law, one of the elements is an
active element, some or all of which are
related and integrated and used
in a semiconductor material whose
purpose is to produce electronic functions. Have
you ever experienced a situation
where when you open a business,
for example, open a restaurant? You have a
favorite recipe, your own recipe, the result of
your hard work and culinary experiments
for months, maybe or
maybe for years, suddenly
your recipe is stolen by your
own employee, your employee resigns
from your restaurant, then he opens his
own restaurant and uses
the recipe from your hard work in
running his business. Therefore,
because of the example above, legally it is
necessary to have legal protection
for trade secrets. The need for
this trade secret protection is
because the information contained in the
trade secret is generally obtained
with hard work, involving
special skills, taking up quite a lot of
time and of course investment that provides a
diet.
Well, the law on trade secret protection is
regulated in Law Number 30
of 2000 concerning trade secrets. In
that law, trade secrets
are defined as information he
typed known to the public in the field of
technology and business that has
economic value because it is useful in
business activities and is kept confidential
by the owner of the trade secret. The
protected information can be in the scope of
production methods, processing methods,
sales methods and other information
that essentially has economic value
that is not known to the
general public. In the protection of plant varieties, the
rights protected by law
are plant varieties resulting
from plant breeding activities. The
protection of plant varieties is regulated
in Law Number 29 of 2000.
2000 on the protection of
plant varieties there it is determined that
plant varieties are a group of
plants of a type or species
characterized by the shape of the plant
growth leaves flowers fruit seeds and
expression of genotypic characters that can
distinguish the plant from the same type or
species and what distinguishes
it is at least one
determining trait and if the variety is
propagated then its nature is stable meaning it
does not experience changes and
this plant variety is obtained from
the results of plant breeding the conditions for a
variety to be given vbt is that the
variety must be new must be unique
uniform and stable so with the seven
concepts of our rights hacked Let
's trademark patent industrial design
trade secret integrated circuit layout design
and protection of
our plant varieties of course we can no longer
mix one field of IPR with
another field of IPR yes but we also should
not be too rigid in separating
each field of IPR because
in a product it may involve
several fields of intellectual property rights
at once for example the iPhone brand mobile phone product
in the product besides
sticking the iPhone brands itself there
are also industrial design patent rights
and there may also be
integrated circuit layout design rights show that is the
information we convey hopefully
this brief information is useful
and useful for you in
inventorying
your intellectual property rights happy exploring
and greetings
Hi Ho
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