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1. What is Intellectual Property and the scope of its area?
Intellectual Property characterized as non-physical property that is the product of original thought. Typically, rights do not surround the abstract non-physical entity, rather, intellectual property rights surround the control of physical manifestations or expressions of ideas. Intellectual property protects rights to ideas by protecting rights to produce and control physical instantiations of those ideas.
2. The Classification of Intellectual Property
IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.
3. Which laws are related to Intellectual Property Rights in Indonesia?
Law No 19 of 2002 regarding Copyright
Law No 14 of 2001 regarding Patent
Law No 15 of 2001 regarding Trademark
Law No 31 of 2000 regarding Industrial design
Law No 32 of 2000 regarding Integrated Circuit Layout
Law No 30 of 2000 regarding Trade secret
Law No 29 of 2000 regarding Protection of Plant Varieties
4. Do we need to register to be protected?
Copyright actually does not depend on formalities procedures, since literary and Nevertheless, many countries allow registration of works for the aim of, for example, identifying and distinguishing titles of works. In some countries (such as Indonesia), registration can also considered as prima facie evidence in a court of law with referral to controversy concerning to copyright.
5. What is a trademark?
Trademark includes any word, name, symbol, or device or any combination thereof used by a person or which a person has a bona fide intention to use in commerce and applies to register on the principal register established by the Trademark Act, to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by other and to indicate the source of the goods.
Trademark is a one or combination of words, letter, and numerals. They consists of drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features and used in the activities of trade in goods or services.
6. What is the Patent?
A patent is an exclusive right granted by the state to an inventor for his/her invention in the field of technology, for a certain time, to exploit his/her invention or to authorized another person to exploit it
7. What kinds of inventions can be protected?
A patent shall be granted to an invention, which is novel, involves an inventive step and is susceptible of industrial application.