Muhammad Hafidzul Fikri
02 Desember, 2022
Hak Keayaan Intelektual (HKI)/Intellectual property rights (IPR) are defined as property rights that arise or are born due to human intellectual abilities. Intellectual property in question includes creation in the fields of science, art, literature or technology. In essence, HKI is the right to enjoy economically the results of an intellectual creativity.
The following is a summary of the differences of several types of Intellectual Property Rights in Indonesia which are listed in the table below.
|
No |
Type |
Regulation |
Protection Period |
Constitutive System |
Commencement of Protection by Law |
|
1. |
Copyright |
UU no. 28 of 2014 concerning Copyright |
70 years (individual) & 50 years (Legal Entity) |
Declarative
|
at the time the creation was made
|
|
2. |
Mark |
UU no. 20 of 2016 concerning Marks and Geographical Indications |
10 years |
First to File |
on the date of receipt of registration |
|
3. |
Patent |
UU no. 13 of 2016 concerning Patents |
20 years & 10 years (For provisional Patents) |
First to file |
on the date of receipt of registration |
|
4. |
Industrial Design |
UU no. 31 of 2000 concerning Industrial Design |
10 years (non-extendable) |
First to File |
on the date of receipt of registration |
|
5. |
Trade Secret |
UU no. 30 of 2000 concerning Trade Secrets |
Unlimited |
- |
- |
From the table above, we can see that each type of intellectual property is regulated by different laws. We can also see the protection period for each type of property is differents, ranging from unlimited (trade secrets) to the fastest protection period (industrial design) with ten years period and cannot be extended after the protection period has expired.
For the constitutive system, there are similarities between the various types of intellectual property in the table, using a first-to-file constitutional system, including marks, patents, and industrial designs. First-to-file is a system of protection of your IPR, if you are the first person to register your IPR, then you will get the rights. Different from copyright which use a declarative constitutive system.
The commencement of protection by law for each type of intellectual property also had similarities between marks, patents and industrial designs, the protection by law begins at the time of receipt of registration, it was different from copyright which is protection by law begins at the time the work was made.