scholarly journals LEGAL WEAKNESS IN LAW NO.32 OF 2000 CONCERNING TATA DESIGN CLEAR INTEGRATED CIRCUITS Satrianah

2018 ◽  
Author(s):  
Satrianah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
Rural Areas ◽  
Layout Design ◽  
Circuit Layout ◽  
Silicon Chips ◽  
Global Era

In the global era, the need for electronic equipment is increasing and year after year. Tools such as radio, television and computers are some examples and electronic products that have become a part and life of everyday people both living in cities and living in rural areas. One of the important components and products is Circuit Housed in a Platform (CHIP). The Integrated Circuit Layout Design Act aims to protect "silicon chips" or "Integrated Circuits" which are the main drivers of technological progress in the past two decades, specifically the computer industry and related technologies. (Tim Lindsey. Atall, 2002, p. 225) In conjunction with Trade Secret laws, industrial design laws, and plant variety laws, the law on integrated circuit layout design or commonly known as Integrated Circuits ( IC) was promulgated on December 20, 2000. The four laws were issued with background adjustmentsIntegrated Circuit Layout Design is a new material in the field of Intellectual Property Rights, where previously the protection of Intellectual Property Rights in Indonesia only included Patents, Trademarks and Copyright. Since December 20, 2000 Integrated Circuit Layout designs have been protected by the birth of Law No. 32 of 2000.There are some weaknesses in the Integrated Circuit Layout Design Law, these weaknesses include the registration procedure and the start of the period of giving protection. With these conditions the implementation of integrated circuit design protection will be difficult to enforce, for this reason there is a need for improvements in the arrangement of Integrated Circuit Layout Designs.Keywords: Integrated Circuit Layout Design

scholarly journals LEGAL PROTECTION AND UNDERSTANDING OF LAYOUT CIRCUITS INTEGRATED DESIGN RIGHTS Rindy Alfius Phirins

2018 ◽  
Author(s):  
Rindy Alfius Phirins
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
World Trade ◽  
Layout Design ◽  
Circuit Layout ◽  
The World

At present, there are seven objects of Intellectual Property Rights (IPR) in Indonesia that have been protected by law. One of them is the Integrated Circuit Layout Design (DTLST). In the legal system of IPR, DTLST is relatively new. In fact, even today there are still many Indonesians who do not know exactly what is meant by DTLST. How is the application of Law No. 32 of 2000 concerning Design of Integrated Circuit Layout in Indonesia? What is the object and what is the role of DTLST in the IPR legal system? This is understandable because the law on DTLST was only enacted in 2000 along with three other IPR laws, namely Law No. 29 of 2000 concerning Protection of Plant Varieties; Law No. 30 of 2000 concerning Trade Secrets; Law No. 31 of 2000 concerning Industrial Design; and Law No. 32 of 2000 concerning Integrated Circuit Layout Design.The law above was born as a consequence of the signing of the Uruguay Round Final Act, which was one of the results of the negotiations: the establishment of a world trade institution known as the World Trade Organization (WTO). The approval of the establishment of a WTO institution was then ratified by Indonesia with Law No. 7 of 1994 concerning Ratification of the Establising Agreement of the World Trade Organization (Agreement on the Establishment of a World Trade Organization). Every WTO member must ratify all decisions of this institution including the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement, or agreement on aspects of trade in Intellectual Property Rights that refers to the DTLST protection foundation namely the Treaty on Intellectual Property in Respect of Integrated Circuits (Washington Treaty). However, regarding the Layout Design of Integrated Circuits, each member country is given the freedom to regulate itself and adjust to the environmental conditions and technological advances in the country concerned.Keywords: DTLST and IPR.

scholarly journals DESAIN TATA LETAK SIRKUIT TERPADU DALAM PERSPEKTIF PERBANDINGAN HUKUM INTEREN

2017 ◽  
Vol 3 (1) ◽  
pp. 218
Author(s):  
Sudjana Sudjana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
Legal Protection ◽  
Layout Design ◽  
Moral Rights ◽  
Circuit Layout ◽  
The Government

<p><em>The author discusses the legal protection of integrated circuit layout design as provided by Law 32/2000 and compares it with how the government regulates and protect other sorts of intellectual property rights (copyright, trademarks, patents, etc.). The purpose of this comparison is to reveal shortcomings as well as the strength of each different regulations. This study reveals that Law 32/2000 as compared to other IPR protections has yet to provide legal protection of inventor’s moral rights, priority rights as well as temporary decision.  At the same time, all regulations cannot be fully implemented due to the lack of or insufficient implementing regulations. </em></p>

scholarly journals SECRET REGULATION REGULATION OF TRADE IN INDONESIA Murti Ningsih

2018 ◽  
Author(s):  
Murti Ningsih
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
State Level ◽  
The United States ◽  
Trade Secret ◽  
Information Control ◽  
Trade Secrets

Indonesia is one of the countries that participated in ratifying TRIPs through Law No.7 of 1994 concerning Ratification of the Establishment of the World Trade Organization (WTO). As a consequence, Indonesia has an attachment to implementing the provisions in TRIPs which regulate the Intellectual Property Rights. Direct implementation of this policy, Indonesia has legislation in the areas of Copyright, Patents, Brands, Trade Secrets, Industrial Designs and Integrated Circuit Layout Designs. With regard to the birth of Law No.30 of 2000 concerning Trade Secrets, as one of the implementations of GATT TRIPs. Actually it does not mean that there were no laws and regulations regarding this matter beforehand. This regulation already exists only but these regulations have not been grouped as part of Intellectual Property Rights. Arrangements regarding the protection of Trade Secrets when referring to the TRIPs Agreement are regulated in Part II, namely: "Standard Concerns on Accessibility, Scope and Use of Intellectual Property Rights, listed in Section 1, Article 9 through Section 8, Article 40. include provisions as The following are: Copyright and Related Rights, Trademarks, Geographical Indications, Indistrial Indications, Patents, Layout-Design (Topographies) of Integrated Circuits, Protection of Undisclosed Information, Control of Anti-Competitive Practice in Contractual Licenses.If you pay attention, actually there is no explicit protection for trade secrets, except for the provisions listed in section 7 regarding Undisclosed Information Protection. This article is then matched to become a Trade Secret. When viewed from other countries, actually not all have specific regulations regarding trade secrets, such as Australia, regulating trade secret provisions in breach of contracts and breach of confident, the United States only has regulations at the state level while at the federal level to date not yet exist, because this problem is also considered as a matter of civil matters only. The existence of a special law that regulates trade secrets, is expected to provide protection for the owners of trade secret rights so that they will spur and improve creativity or innovation in general, in order to develop their business. In addition, there is hope that it can overcome preventive and repressive fraud competition from fraudulent competitors who ignore the development of creativity and innovation.Keywords: Trade Secrets and TRIPs.

scholarly journals PENGECUALIAN PERJANJIAN HAK KEKAYAAN INTELEKTUAL DALAM HUKUM PERSAINGAN USAHA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
Dani Amran Hakim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rule Of Law ◽  
Integrated Circuit ◽  
Business Environment ◽  
License Agreement ◽  
The Rule Of Law ◽  
Article 50 ◽  
The Right

Law business competition in the country Indonesia know the exceptions  to assert that a the rule of law expressed does not apply for those kind certain agents or behavior particular activity. Law competition business environment in general grant an exemption on the basis of agreement , for example agreement intellectual property rights (IPR). IPR is incentives and reason was given the right monopolizes and protection because IPR need resources and time in an effort to get it, based on article 50 alphabet b Law on Business Competition. An exemption based on article 50 alphabet b Law on Business Competition the elaborated competition supervisory commission by issuing commission rules business competition supervisory Law Number 2 of 2009 on Exceptions The Application of the Law Number 5 of 1999 on Prohibition of Monopoly and Unfair Business Competition of a Pertaining to Intellectual Property Rights Scope arrangement based on Commission Rules Business Competition Supervisory Number 2 of 2009 is: (1) the license agreement that is in scope patent, the right brand, copyright, the right industrial design, the right design the layout integrated circuit and the right trade. (2) Trademark and brand services. (3) the design layout integrated circuit. Keywords: Exeptions, Intellectal Property Rights, Business Competition Law

Analysis The Role of Law in Protecting Intellectual Rights and Their Relationship to Social Welfare

2020 ◽  
Vol 2 (2) ◽  
pp. 18-26
Author(s):  
Wandi Subroto
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Welfare ◽  
Intellectual Property Rights ◽  
Integrated Circuit ◽  
The State ◽  
Industrial Property ◽  
Government Regulations ◽  
Binding Power

This study aims to analyze the role of law in protecting intellectual rights and their relationship to social welfare. This research belongs to the research that uses the juridical-normative method. The legal sources used in this study are secondary legal sources, which based on their legally binding power, consist of primary legal materials in the form of theories, norms, rules, and opinions of legal experts related to the intellectual property protection legal system associated with community welfare issues, and the role of strategy that the state can play besides the use of secondary and tertiary legal materials. Based on the study of legal sources, it can be seen that regarding the definition, recognition, and protection of intellectual property rights in Indonesia, it is regulated in the law and further regulated in Government Regulations. Intellectual property rights recognized and protected in Indonesia are Copyright and Industrial Property Rights, which consist of trademarks, patents, trade secrets, integrated circuit layout designs, and protection of plant varieties. This is very important to be maintained by the state, and the goal is to improve social welfare as mandated in the constitution.

scholarly journals LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS

2021 ◽  
Vol 6 (1) ◽  
pp. 27-37
Author(s):  
Ida Ayu Sadnyini ◽  
I Gede Putu Agus Wistama Putra ◽  
A.A.A.Ngurah Sri Rahayu Gorda ◽  
A.A.A. Ngurah Tini Rusmini Gorda
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Interior Design ◽  
Industrial Design ◽  
Human Life ◽  
Legal Protection ◽  
Legal Basis ◽  
Industrial Property

Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.  

Ch.10 Layout-Designs (topographies) of Integrated Circuits

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
National Treatment ◽  
The Us ◽  
Treatment Principle

This chapter demonstrates how World Trade Organization (WTO) Members are bound to accord the treatment provided for in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to the natural or legal persons that meet the criteria of eligibility for protection provided for under the 1989 Washington Treaty on Intellectual Property in Respect of Integrated Circuits, subject to the exceptions to the national treatment principle provided for therein (Article 3.1 of the TRIPS Agreement). Section 6, Part II, of the TRIPS Agreement essentially obliges Members to comply with the Washington Treaty. This obligation applies irrespective of the fact that the Treaty never entered into force. The protection of integrated circuits is the newest chapter in the intellectual property field. The first country to introduce a sui generis regime with that purpose was the US in 1984, followed by Japan in May 1985. With Section 6 of the TRIPS Agreement, the US and Japan obtained what they were unable to reach with the negotiation of the Washington Treaty. The Agreement gave them an opportunity to correct what they deemed weaknesses of the Washington Treaty, notably, the provisions relating to compulsory licenses, importation of products containing infringing semiconductors, and innocent infringement.

Trade Related Aspects of Intellectual Property Rights

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
Test Data ◽  
World Trade ◽  
Minimum Standards ◽  
Depth Analysis ◽  
The World

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This book provides an in-depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. The book elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis—which is supported by a review of the relevant GATT and WTO jurisprudence—identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.

scholarly journals TRIPs dalam Kaitannya dengan Perlindungan Hukum Terhadap Rahasia Dagang, Desain Industri dan Desain Tata Letak Sirkuit Terpadu Di Indonesia

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Sabri Fataruba
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Trade Secrets ◽  
Minimum Requirement ◽  
Legal Norms ◽  
Full Compliance

Participation in the WTO has given consequences to its member countries, including Indonesia, to harmonize its laws in the field of Intellectual Property Rights for full compliance or full compliance as a minimum requirement and guidelines for WTO member countries to contain new norms and has a higher standard and contains strict law enforcement provisions as set by the TRIPs. In view of these matters, Indonesia has harmonized the existing laws in the field of Intellectual Property Rights and made legal norms in accordance with the standards set by the TRIPs for several fields of Intellectual Property Rights which had not yet been enacted at the time, where 3 ( three) including Law Number 30 of 2000 concerning Trade Secrets, Law Number 31 of 2000 concerning Industrial Design and Law Number 32 of 2000 concerning Layout Designs of Integrated Circuits, the regulations also meet the standards set by TRIPs , in order to provide adequate legal protection to guarantee the rights of Owners of Trade Secrets and Designers and to ensure that other unauthorized parties do not abuse them, so as to motivate the owners of trade secrets and designers to continue to be creative in creating and/or designing, as well also stimulates other communities to do same things.

scholarly journals Trips Agreement Dan Standarisasi Hukum Perlindungan Hak Kekayaan Industri Di Indonesia

2021 ◽  
Vol 5 (1) ◽  
pp. 19-29
Author(s):  
Rani Fadhila Syafrinaldi ◽  
David Hardiago
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Intellectual Property Right ◽  
Industrial Property ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection

Trade Related Aspects of Intellectual Property Right Agreement 1995 (TRPS Agreement) is an international provision in the field of intellectual property rights protection that applies universally. Indonesia as a country of law, has all laws relating to the protection of intellectual property rights with reference to the TRIPS Agreement. The TRIPS Agreemnt formulation must also refer to the Paris Convention For the Protection of Industrial Property, 1883 which has been recognized as the legal basis for the protection of intellectual property rights globally. Protection of industrial assets consisting of Patents, Trademarks, Trade Secrets, Industrial designs, Protection of Plant Varieties and Layout Designs of Integrated Circuits must be carried out by the state towards the holders of the said industrial property rights

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