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Comparative Study of Intellectual Property Law in Indonesia and Malaysia

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3Rinitami Nyatriani, Papers Management of Intellectual Property Rights in the Era of Regional Autonomy (Bandungan II-l2 August 2004), p. The focus of this research is to identify and position the results of research on the potential creation within the scope of intellectual property implementation between Sultan Agung Islamic University Semarang (Unissula) and University Utara Malaysia (UUM).

An Overview of UUM and Unissula

Round About Sultan Agung Islamic University Semarang (Unissula)

The signing of the MoU with Hiroshima University in Japan in the development program Teaching Hospital and the Faculty of Dentistry Unissula represented by drg. Unissula also signed an MoU with the University Padjadjaran Bandung in the establishment of the Faculty of Pharmacy.

Round about the University Utara Malaysia (UUM)

The area covers 107 hectares of woodland and has grown to include a wide range of good facilities to attract tourists to the north and to meet the recreational needs of members of the campus community. The UUM Transformation Plan, which is essentially a roadmap for the activities and undertakings of the future UUM, is divided into two phases.

History and the National Legal System As the IPR in Indonesia

In l986 can be cited as the beginning of the modern era of intellectual property system in the country. 7 of 1987, the government of Indonesia signed a number of bilateral agreements in the field of copyright as the implementation of the Act.

History and National Legal System As the IPR in Malaysia

In the patent protection granted to inventions and more focused on the idea of ​​the invention itself. The first way this can be seen is in the case of the University of London Press University Tutorial Press.

Based on the International Convention

Intellectual Property Rights (IPR) issues are a very important legal issue in today's era of free trade and globalization. Malaysia was determined to move into the information technology era with the changing times, especially with the development of the multimedia super corridor, to assess the role of intellectual property rights in Malaysia. It therefore follows the development of legislation in terms of intellectual property rights in Malaysia and the difficulties that have arisen in balancing the conflict of interest in the free flow of information and the need to protect individual property rights.

Over the years, meeting the changing demands of intellectual property rights has translated into Malaysia's need to update legislation and for the effective enforcement of the law against violations of these rights.

Based on Legislation

Government Regulation of the Republic of Indonesia No. 14 of 1986 dated March 6, 1986 on the Copyright Board. Government Regulation of the Republic of Indonesia No. 33 of 1991 dated 11 June 1991 on the special registration patent. Consultants Government Regulation of the Republic of Indonesia No. 34 of 1991 dated June 11, 1991 on patent application procedure.

Regulation of the Government of the Republic of Indonesia Number 23 of 1993 Tangga1 March 31, 1993 on Procedures for Sign Application for Registration.

Legislation and IPR System in Malaysia

The packaging and labeling can be done in the country of Malaysia, making it difficult to trace the counterfeit products at the border crossing. However, the Malaysia app can be used as a basis for claiming priority in the member states of the Paris Treaty and WIPO.47. Conversely, if there is opposition and other parties assert or object, a settlement will take place between the two parties and the impasse will be resolved in the domain of the courts.

A non-conventional trademark or non-traditional trademark are new types of trademarks that are not included in existing categories in trademark regulations.

Legislation and IPR System in Indonesia

On the other hand, greater political openness and diversity also means that the approach will be to make the tasks of the past, where intellectual property reform could easily be pushed through without worrying about opposition, no longer as easy as turn your hand description. The government finally promised to introduce the branch institute of intellectual property offices with the authorization of the local branch office of the Ministry of Justice to accept the application for registration of intellectual property rights available since 2001, submission of applications to the office of the branch has been very popular. with the trademark owner.51. With the recent changes in intellectual property laws in Indonesia, intellectual property cases related to patents, copyrights, trademarks, industrial designs and layout designs of integrated circuits are now being decided at the court level first.

The court has not done particularly well those on intellectual property matters, but they also deal with bankruptcy cases.

Enforcement of IPR Administratively

A complaint that often arises in intellectual property rights disputes in the courts is that judges do not properly own the subject of intellectual property rights. Therefore, public discussion about the need to understand intellectual property rights for members of the Court was common in Malaysia.

In the Civil Enforcement of IPR

Civil action

The owner of intellectual property rights (including confidential information) can start with the registration of civil action if there will be a violation of their intellectual property. Who can be dealt with by the civil lawsuit for infringement of intellectual property rights?. However, if the defendant does not initiate a civil action after receiving the court decision or the defendant has refused and neglected to initiate action within the prescribed period, the intellectual property licensee may initiate action on its own. IP Office of the Philippines website, see http://www.ipophil.gov.ph/ipcasesearch/ipcasehome.htm, accessed 11 April 2006.

Anyone who engages in activities that infringe owners of intellectual property rights can be prosecuted in court.

In Criminal Law Enforcement of IPR

The claimant must have the full details of ownership of intellectual property in Malaysia, together with details of the report will be continuous infringements. Although there is no payment to the Division, in practice there are other problems. In the case of trademark infringement, where the trademark does not look identical to the registered trademark, the owner of intellectual property who wants to file a lawsuit must first obtain a description Trademark from the Supreme Court, before filing the complaint with the Division of Enforcement be submitted. of Intellectual Property Rights.

When another offensive trademark, similar or identical to the trademark, is registered, it can be sued directly. 55.

IPR Law Enforcement In ADR

Now that law enforcement would display their IPR at the Malaysian border and check importers of goods going into the state. Researchers in the country are willing to pay serious attention to the rampant practice of IPR violations. It is the same with plagiarism practices, there should be copyright compensation for the infringed printed text,” said Wahbah.

The provisions have been set forth by Allah and His Messenger, nor jurists earlier, and then come down to the rules of fiqh.

Economics Aspects

  • Purpose of Product Design
  • Stages - Product Design activity stage
  • Trade Secrets
  • Consumer protection a. Consumer understanding

Thus, as a tax, copyright can be made the subject of the contract (al ma'qud 'alaih). Franklin G Moore and Thomas E Hederick say in their book Production and Operations Management: .. 34;The product design is the most important because of the possibility that new products are often great. To carry out the manufacture of a product, the designer must consider the company's own capability, including: manpower, machinery, equipment support and other tools.

In the sketch, the shape of the product to be made will be clear to each other.

Social Aspects

Violation of intellectual property owned by an individual or group is tantamount to a violation of the rights of the owner of the intellectual property. But the practice is now widespread of evading the creator of the work in capturing or plowing without the consent of the creator. At this time, the general understanding of intellectual property rights is relatively less often interpreted to focus solely on aspects of the monopoly that the owner or holder of intellectual property rights has in an absolute sense.

Even one of the inherent aspects of intellectual property rights is the social aspect of all kinds of intellectual property rights, unless the brand, when the protection period expires, everything becomes public property or public property.

Political Aspects

A third, especially in the field of education, the appreciation and recognition of intellectual property rights should be introduced from primary education as this will have a very good impact on legal awareness. The intellectual property rights system can be seen as an attempt to provide solutions to problems that arise in the community. The Intellectual Property Rights Law, under the approval of TRIPS/WTO, could also intersect with culture, mindset, citizens (public opinion) and other law enforcement officials.

Because just by doing research, the more solutions we offer for the problems that exist in the community.

Education Aspects

While Article 16 For purposes of education, science and research and development activities, for work in the field of science and literature, the Minister may, after consultation with the Copyright Board: require the Copyright Holder to carry out his own translation and/or reproduction of such work in the territory of the Republic of Indonesia within the prescribed time; or oblige. Requires the copyright holder to carry out his own translation and/or reproduction of such work within the territory of the Republic of Indonesia within the specified time; or oblige the copyright holder concerned to give permission to another person to translate and/or reproduce the works. There are many factors including the level of awareness of teachers/researchers/inventors of the Intellectual Property Rights.

In other words, the level of public awareness and appreciation of intellectual property work is still quite low.

Implementation of IPR at Universiti Utara Malaysia (UUM)

The intellectual property department has two functions, namely the registration function and the law enforcement function, which plays an important role in the process of protecting the industrialization process. In line with the increase in the number of IPR registrations, the government has launched national IPR campaigns. The University of Utara Malaysia (UUM) treats all three groups as "intellectual property", while some Commonwealth countries treat (a) as work and (b) is similar to (c) in the category of related rights.

Convention or the Berne Convention was published in the state within 30 days of its first publication in a non-Berne State.

Implementation of IPR in Sultan Agung Islamic University (Unissula) We need to look, that the registration of IPR in Central Java through the

63DG, Handbook on Intellectual Property Rights (Question and Answer), Directorate General of Intellectual Property Rights, Ministry of Justice and Human Rights, Jakarta, 2001, p. Unissula, itself also has the creative potential of intellectual property rights (IPR) is Sinau Online, Cultural Academic Islami (Budai), and also the creation of the potential form of subjects of lecturers from the entire faculty of Unissula, space production in the faculty of engineering Unissula, but so far it is also not in interest to register as a creative intellectual property rights (IPR) potential. DG, Handbook on Intellectual Property Rights (Question and Answer), Directorate General of Intellectual Property Rights, Department of Justice and Human Rights, Jakarta, 2001.

Rinitami Nyatriani, Document Management of Intellectual Property Rights in the Era of Regional Autonomy (Bandung II-12 August 2004).

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