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Intan Maharani; Muh Amin Saleh

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study analyzes the gap between legal certainty and justice in patent protection in Indonesia through a case study of the transfer of patent rights for the Spider Nest Construction. The problem formulation includes two things. First, what is the form of distortion of legal certainty in the transfer of patent rights. Second, how is the violation of the inventor's moral and economic rights and the institutional factors that cause it. The method used is normative juridical with a statutory, case, conceptual, and comparative approach. The results of the study indicate that the distortion of legal certainty occurs because the registration of the transfer of rights only uses a Power of Attorney without an authentic deed, which violates Article 11 of the Patent Law. In addition, the unilateral action of the Directorate General of Intellectual Property to freeze and revoke the freezing of patents without a court decision violates Article 132 of the Patent Law. Violation of moral rights is manifested in the form of false attribution in the JALLA patent. Economic rights are ignored through embezzlement of royalties. The peak of injustice is the accusation of plagiarism against the original inventor for his own development invention. Inhibiting factors include institutional weaknesses within the Directorate General of Intellectual Property, excessive judicial intervention, low human resource capacity, regulatory disharmony, and an unsupportive legal culture. Strengthening strategies include institutional reform, revision of the Patent Law, ratification of international conventions, digitalization, international certification, and the establishment of a specialized intellectual property court. In conclusion, without strengthening integrated intellectual property legal policy, the gap between procedural legal certainty and substantive justice will continue to weaken the national innovation ecosystem.

Yen Yen; Abdul Rasyid Saliman; Feri Frandica; Rian Fauzi; Raffi Akbar +7 more

Jurnal Hasil Kegiatan Bersama Masyarakat 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Community service with the theme of Socialization and Education of Legal Products for MSME and Creative Economy Actors in Temberan Village, Pangkalpinang City, is based on field conditions, where many MSME actors in the region do not have legal legality for the businesses they run and lack basic knowledge regarding product packaging and brand creation that have high marketability. As a result, their businesses are not developing to strengthen the creative economy and enhance the capacity of actors. The model used in this program is a direct dialogue method with the MSME actors. The discussion results showed that of the 26 participants, only 1 MSME actor had received guidance and had an NIB (Business Identification Number), but lacked a halal certificate and patent rights for their product brands. The other 25 participants were briefed for the first time regarding the importance of legal legitimacy for their business. Therefore, it can be concluded that these 25 MSME actors do not have legal legitimacy for their businesses. The team provided assistance to help register their businesses by collaborating with relevant agencies. Regarding product branding, it was found that all participants had not optimized their product branding, as most MSME actors in Temberan Village packaged their products simply without attractive branding, packaging, colors, or packaging materials. Many even used plastic wrapping without a brand. The team intervened intensively by providing further assistance to MSME actors in Temberan Village, utilizing information and communication technology to help determine product brands for those without one and to select packaging materials that follow current trends, shapes, colors, and materials to make the product more attractive and increase branding and consumer interest.

Ido Pranata Nainggolan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Micro, Small and Medium Enterprises (MSMEs) play a strategic role in the Indonesian economy, but still face significant obstacles in intellectual property rights protection, particularly patents and trademarks. This study aims to analyse the legal aspects of patent and trademark registration for MSMEs based on the Indonesian legal framework, with a focus on the implementation of Law No. 28 of 2014 on Copyright and related intellectual property regulations. The research method uses a normative legal approach with a literature analysis of legislation, scientific journals, and the latest statistical data. The results of the study show that the level of patent and trademark registration by MSMEs in Indonesia is still very low, with only 2.3% of MSMEs having registered their trademarks in 2023. The main obstacles include limited legal understanding, high registration costs, complex administrative procedures, and a lack of socialisation. This study recommends simplifying regulations, subsidising registration costs, improving legal education, and strengthening synergy between the government, academics, and MSME actors to improve the protection of intellectual property rights in the MSME sector in Indonesia.

Yoel Adeputra; Muhaen Maya Wulandari; Dwi Imroatus Sholikah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The patent dispute between Apple Inc. and Samsung Electronics Co. Ltd. is one of the largest Intellectual Property Rights (IPR) conflicts in the modern technology industry. This case began in 2007, when Apple launched the first-generation iPhone, revolutionizing the smartphone market with its minimalist design, full-touch screen, and intuitive interface. The success of the iPhone opened new markets and positioned Apple as an innovation leader. Samsung, as the largest electronics manufacturer in Asia, then produced the Android-based Samsung Galaxy smartphone, which quickly became the iPhone's main competitor. This business competition then turned into a legal dispute when Apple considered Samsung's products too similar to its products. This case involves claims of infringement of design patents and utility patents filed in various jurisdictions such as the United States, South Korea, Japan, Germany, and the United Kingdom. This article uses a normative juridical method with a statutory and case approach. The analysis shows that the patent dispute between Apple and Samsung cannot be resolved through a single international forum due to the territorial nature of the patent system. Therefore, litigation takes place in several countries and results in varying decisions.

Gilang Ramadhan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Free trade provides significant opportunities for developing countries to increase exports, expand market access, and drive economic growth. Through engagement in global markets, products and services can reach a wider range of consumers, creating the potential for increased national income. However, global economic integration also presents serious challenges, particularly in terms of the protection of Intellectual Property Rights (IPR). As national boundaries in economic activity become increasingly blurred, intellectual property—including patents, trademarks, industrial designs, copyrights, and trade secrets—becomes increasingly vulnerable to infringement. Common forms of infringement include piracy, counterfeiting of branded products, and theft of technology or innovation. These practices not only harm creators or rights owners but can also hinder the development of innovation, reduce industrial competitiveness, and undermine consumer confidence. Adequate IPR protection requires a combination of strong national regulations and an effective international legal framework. Instruments such as the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement under the WTO provide global standards to which compliance must be adhered, but implementation at the national level is crucial for their success. Weak or inconsistent law enforcement can open the door to violations that harm both domestic and foreign businesses. Beyond legal aspects, effective IPR protection also impacts the investment climate. Investors tend to invest in countries that can guarantee the security of their intellectual assets. Therefore, IPR protection is not only a legal issue but also a long-term economic development strategy. Therefore, in the era of free trade, developing countries need to balance market openness with strengthening IPR protection systems to create a conducive environment for innovation, sustainable economic growth, and public welfare.

Putra Rezki Dewanto

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the implementation of plant variety protection in Australia. This article will discuss how Australia implements the TRIPs Agreement to provide protection for all technologies, products, pharmaceuticals, plants, and microorganisms that can be patented through Plant Breeder's Rights (PBR). There are three types of intellectual property obtained in the context of plant varieties, namely patent rights, trademark rights, and plant breeding rights. The purpose of protection through PBR is to encourage innovation in plant breeding by granting limited exclusive rights to control its exploitation and prevent unauthorized parties from illegally exploiting the rights of breeders. The research method used in this study is normative law research, employing a statutory approach and an analytical approach.

May Lany Putri Carrlyn Hondro; Safira Arta Azzahra; Nadhira Wahyu Adityarani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Patent rights are a part of Intellectual Property Rights (IPR) that provide legal protection for inventions in the field of technology. With the rapid development of the times and technological advancements, the protection of patent rights has become an increasingly crucial issue. This is due to the growing number of patent infringements, particularly in the digital and medical device sectors, which often involve major global technology companies. One such case is the patent dispute between Apple Inc. and Masimo Corporation. The patent conflict between Apple and Masimo serves as a concrete example of how disputes over the ownership of technology can lead to complex legal issues, while also demonstrating how legal systems in developed countries respond to alleged patent infringements relatively effectively. On the other hand, Indonesia, as a developing country, still faces various challenges in resolving patent disputes, ranging from policy aspects and law enforcement processes to the capacity of existing institutions. This study aims to evaluate the extent to which Indonesia's patent legal system has been able to meet the demands of the times. Through the analysis of the Apple vs. Masimo case, this paper seeks to examine how Indonesia’s patent dispute resolution system can be strengthened to address global dynamics.

Anugrah Pratama; Zainal Arifin Hoesein

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the ambiguity regarding the obligation to mediate in resolving patent disputes according to the Patent Law, and its implications for the efficiency of the dispute resolution process. Although Article 153 and Article 154 of the Patent Law open up opportunities for dispute resolution through alternative mechanisms, the ambiguity regarding the obligation to mediate creates legal uncertainty that can hinder efficiency and increase dispute costs. Based on the Economic Analysis of Law approach, this study shows that the obligation to mediate can reduce social costs, accelerate the dispute resolution process, and increase overall economic efficiency. Mediation as an obligation can reduce the burden on the judicial system, minimize transaction costs, and create better legal and business stability. Therefore, this study encourages the implementation of the obligation to mediate in patent disputes to create a more efficient, fair, and profitable dispute resolution system for all parties involved.    

Sanusi Sanusi; Ervin Hengki Prasetyo; Moh Taufik

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Intellectual property rights are an implication of the development of international trade, especially in industrial countries. In developing countries, the understanding and protection of intellectual property rights receives less attention, which causes many violations of intellectual property rights and harms creators and inventors. Intellectual property rights have an important role in economic traffic, both regional and international, including investment in a country to spur economic growth of the country and its people. Indonesian society, which is diverse in culture, religion and ethnicity, has very rich creative works, and must take part in the utilization of intellectual property rights. Legal protection and use of copyright are very necessary to become a source of development for the national economy and Indonesian society This research is aimed at examining the implications of Intellectual Property Rights on economic benefit gains. An owner of Intellectual Property Rights as a creative subject must obtain a guarantee of legal protection on his or her work. The result shows that the form of legal protection of intellectual property rights is that the owner of intellectual property rights in performing his or her rights must be protected by law. The economic rights owned by the owner will gain economic benefits if it is performed. The rights include the rights to use, to produce, to publish, to copy, to import, to export and to grant a license (permit) to another party that is intended to make use of the intellectual property. In a condition of law violation, the Law of Intellectual Property Rights as a preventive effort will give a right to an owner of intellectual property rights to sue on civil, criminal, or administrative law. The sanctions on the law breaker are also already written in each law of intellectual property rights that includes copy right, brand right, patent right, graphic design right, and integrated circuit lay-out right. The reason why an owner does not automatically gain economic benefits from his or her work is because he or she does not use the economic rights that he or she has. Some matters causing it are quite high costs of production, difficult licensing, and hard competition. The law protection and economic benefits are two essentials of intellectual property rights. An owner of intellectual property rights is a creative subject that should have those two matters.  

Simson Lasi

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The creative industry is a sector that is growing rapidly in this era of globalization, but the development of the creative industry also poses challenges in protecting Intellectual Property Rights. This research aims to analyze the regulation of Intellectual Property Rights (IPR) in the creative industry from an international legal perspective. The research method used is a normative approach by examining various international legal instruments related to Intellectual Property Rights (IPR). The research results show that the regulation of Intellectual Property Rights in the creative industry still has weaknesses and challenges, especially in terms of law enforcement and protection of copyrights, patents and brands. This research provides recommendations for improving legal regulations related to intellectual property rights in the creative industry, including increasing international cooperation and more effective law enforcement.    

Susanti, Susi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Developments in the realm of health law develop in line with advances in health science. Currently, health law has become a very important element in dealing with various legal problems and issues in the health sector. On the other hand, with the development of increasingly sophisticated technology, the issue of traditional medicine has received less attention. However, in the context of efforts to fulfill the right to health in Indonesia, traditional medicine should be an alternative that is important to pay attention to. This is supported by Indonesia's natural conditions which have rich biodiversity, including various plant species that have the potential to be used as raw materials for traditional medicine. Thus, legal protection of traditional medicines from the perspective of health law and intellectual property law becomes very important. The research method used in this research is a normative research method which is conceptualized in legislation or conceptualized as norms or rules that serve as the basis for human behavior. The aim of this research is to analyze the legal protection of traditional medicines from the perspective of health law and intellectual property law in Indonesia. The results of this research concluded that related to traditional medicine, Law no. 17 of 2023 does not explicitly mention it as a traditional medicine. However, the definition of traditional medicine is equated with the term "Natural Medicine." In Article 321 paragraph (1), natural medicines are divided into several categories, including herbal medicines, standardized herbal medicines, phytopharmaca, and other natural medicines. Legal protection for traditional medicines or natural medicines is regulated in Articles 324-325 of Law no. 17 of 2023 concerning Health. On the other hand, in the context of Intellectual Property Rights (IPR), legal protection for traditional medicines is included in the patent system, as regulated in Article 26 of Law Number 13 of 2016 concerning Patents.

Willy Jayandi Parasian Sinaga; Dewa Gde Rudy

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of technology and information has given rise to more and more startup businesses popping up. This is also accompanied by the existence of intellectual property as a startup business asset which is very important to be protected by law. Intellectual property can be in the form of copyrights, patents, trade secrets and trademarks owned by a startup business. This study aims to find out what legal protection for intellectual property will be in startup businesses, as well as the challenges and obstacles that startup businesses will face to protect their intellectual property. This research is normative with a qualitative approach to several startup business actors and legal policy makers who are involved in the legal protection of intellectual property in startup businesses. The results of the study show that legal protection of intellectual property in startup businesses can be done through registration of copyrights, patents, trademarks, and taking legal action against intellectual property violations. However, startup businesses experience problems in terms of costs and time to register intellectual property rights as well as a lack of legal awareness and knowledge of intellectual property protection. Therefore, there is a need for more intensive outreach and education about intellectual property law protection in startup businesses.

Muhammad Rafly Badu; Muthia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research aims to determine the Juridical Analysis of Intellectual Property Rights Protection in the Mobile Legend and League of Legend Games from an Indonesian Legal Perspective, based on the title raised in this research. This research uses a type of normative juridical research. The process of collecting data from the objects studied in this research uses primary, secondary and tertiary techniques. The data obtained by this research uses a qualitative method which explains the relationship between variables and generalizes the social phenomena studied.The results of this research show that online gaming has become a rapidly growing industry with many opportunities and challenges related to intellectual property rights and the development of the online gaming industry has also brought complex issues related to copyright, trademarks and patents involving various elements. unique in online games. therefore, the role of intellectual property rights in protecting creative works in games, encouraging innovation, and overcoming violations of intellectual property rights. So it is important to collaborate between online game developers, players and the government in creating a clear and fair legal framework to protect intellectual property rights in online games.