ENFORCEMENT OF VIOLATIONS AND THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Indonesia as a rich country has many problem about Intellectual Property Rights. The development of science and technology also conditional of Indonesian society in economic, social, culture would give biggest influence for international property right whether the influence for development of intellectual property right. The appearance of intellectual property right crime as it were has been losses on right holder, particularly for economic countries like Indonesia. Copyright infringement in accordance with Association of Indonesian Publishers (IKAPI) on February 15, 1984 may be distinguished two types, namely (1) quoted in part created by others and incorporated into his own creation as if creation itself or recognize other people's creation as if creation own. The act is called plagiarism, or plagiarism (plagiarism) that can occur among others in creative works such as books, songs and music notation, and (2) take the creations of others to be reproduced and published as the original without changing form contents, creator and publisher / recorder. The act is called piracy (piracy) is mostly done on the creation of books, recorded audio / video tapes and pictures (VCD), because it involves the problem of a commercial scale. Article 72 of Law no. 19 of 2002 determines the form of deeds as well as the offense of copyright infringement laws (wet delict) is divided into three groups, namely:

(1) By deliberately and without rights to publish, reproduce an invention or give permission for it. Including deeds of these violations include violation of the prohibition to publish, reproduce or give permission for it every creation as opposed to the government's wisdom in the field of defense and state security, morality and public order;

(2) With the intent to showcase, distribute or sell to the public an invention or the goods of infringement of copyright. These violations include acts such as selling books and pirated VCD; (3) By deliberately and without rights to reproduce for commercial use a computer program. From the provisions of Article 72, there are two classes of perpetrators of copyright infringement can be threatened with criminal sanctions. First, the main actors are individuals or a legal entity that knowingly violates or infringes the copyright law's ban. Including the main actors are the publisher, hijackers, cheater and a printer. Second, the assistant principals are parties to the broadcast, exhibit or sell to the public every creature who knows violates or infringes the copyright restrictions of copyright law. Including assistant principals this is the announcer, organizer of the exhibition, sellers and dealers that rent every creation

of

crime

violation

of

copyright

or

the

restrictions

provided

by

law.

Both groups of copyright infringers above can be threatened with criminal sanctions by the provisions of Law no. 19 year 2002. Violation of intention done intentionally to achieve a gain of-besanya, either personal, group or business entity that is very detrimental to the interests of creators.1 Law Enforcement Brand Brand is one of the intellectual property rights protected by law in Indonesia. Brand is the identity of an item that gives information about the origin of goods and services from a company. Brand also serves as a means of advertising and marketing for the company concerned. In Law no. 15/2001 Article 1, sub 1 is determined that the Brand is the mark of pictures, names, words, letters, numbers, color composition or a combination of some elements, having distinguishing features and used in trade in goods and services. The most important from a brand is capable of distinguishing. Brands are generally assigned to the wrapper or assigned to the product merchandise.

A violation of the brands that often happens is that counterfeiting and piracy. Violation of this is very detrimental to the company and also consumers who buy the goods.

The Indonesian government has implemented the law on this issue. The brand owner is given the right and authority to prosecute civil and criminal proceedings against the offender. But in practice, the law No. 15 of 2001 is often overlooked and futile existence. Generally the people of Indonesia fear associated with the law. The legitimate brand owners often do not wish to make complaints or withdraw his complaint because of several considerations.

file:///C:/Documents%20and%20Settings/Microsoft/Desktop/Buletin%20Balitbang%20Dephan.htm

Sumber bacaan
HAK DAN KEKAYAAN INTELEKTUAL : PENEGAKAN HUKUM MERK Ditulis Oleh: AKP M. Naseh, SH, MH ( Kasat Reskrim Polres Pasuruan )

http://www.polrespasuruan.com/print_version.html?act=artikel&idart=2&judul=Hak%20dan%20Kekayaan%20Intelekt ual%20:%20Penegakan%20Hukum%20Merk

Litbang Pertahanan Indonesia

PERLINDUNGAN HUKUM TERHADAP PELANGGARAN HAK CIPTA Oleh: Dr. Teguh Sulistia, S.H., M.Hum dan Aria Zumetti, S.H., M.Hum.
file:///C:/Documents%20and%20Settings/Microsoft/Desktop/Buletin%20Balitbang%20Dephan.htm