Presentation on theme: "COUNTRY REPORT Indonesia Participants 1. Nurbaya 2. Erny Trisniawaty Directorate General of IPR Ministry of Law and Human Rights Republic of Indonesia."— Presentation transcript:
COUNTRY REPORT Indonesia Participants 1. Nurbaya 2. Erny Trisniawaty Directorate General of IPR Ministry of Law and Human Rights Republic of Indonesia
DGIP : the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights is the government institution responsible for administering the intellectual property rights system in Indonesia
Vision of organization: To foster an effective and internationally competitive IPR system that supports the national development and helps improve the prosperity of the country Missions of organization : * To administer the intellectual property rights system by granting protection, rewards and recognition to creativities * To promote technology and knowledge-based investment and economic growth; and * To encourage an innovative and inventive culture
Organizational Structure Directorate General Directorate General Appeal Commission Appeal Commission Secretariat of DG Directorate of Copyright, Industrial D, LD of IC Trade Secret Directorate of Copyright, Industrial D, LD of IC Trade Secret Directorate of Patents Directorate of Patents Directorate of Trademarks Directorate of Trademarks Directorate of Cooperation & Development Directorate of Cooperation & Development Directorate of Information Technology Directorate of Information Technology
BACKGROUND OF COPYRIGHT LAW Indonesia is a country with various ethnics, cultures and the riches of arts and literary with its development that need Copyright protection of IP which born from that variety. Indonesia as members several international conventions/ agreements of IPR especially in Copyright which need follow up in its national legal system. Development in trade, industry, and investment has been developed quickly, so it needs improvement to the protection of Author and Related Rights Proprietor by still paying attention to the public interest generally.
DGIP : the Directorate General shall administer the registration of works and record the works in the General Register of Works. ( under chapter 35 of title 1, Law of the Republic Indonesia Number 19 Year 2002 regarding Copyright)
DEFINITION OF COPYRIGHT Copyright shall mean the exclusive right of an Author or a Copyright Holder to publish or reproduce his/her work, which emerges automatically after the creation of the work without prejudice to restrictions pursuant to the prevailing laws and regulations
Copyright Protection System Declarative The right is automatically appear after a creation is created or made into tangible asset Copyright does not appear by registration A creator known by allegation
Article 12 of the Indonesian Copyrights Act provides that the following works in the fields of science, art and literature can be protected : 1. Books, computer programs, pamphlets, typographical arrangement of published works, and all other written works; 2. Sermons, lectures, addresses and other works of utterance; 3. Visual aid made for educational and scientific purposes; 4. Songs or music with or without lyrics; 5. Dramas, musical dramas, dances, choreographic works, puppet shows, pantomimes; 6. All forms of art, such as paintings, drawing, engravings, calligraphy, carvings, sculptures, collage, and applied arts; 7. Architecture; 8. Maps; 9. Batik art; 10. Photography; 11. Cinematography works; 12. Translations, interpretations, adaptations, anthologies, data- base and other works as a result of changing of form of models.
Copyright Limitation Publication and/or duplication of state symbols and national anthem; Publication and/or duplication of any creation on behalf of the government, unless the copyright is declared to be protected; Mention the source: factual news, using other’s creation for educational purpose, research, scientific writings, criticism, report ( without causing great loss to the creator); Non commercial duplication on Braille; Changes on architectural creation based on the technical factor on its implementation in the field; Copying a computer program for back up.
TERM OF PROTECTION Generally Copyright Creation Life of the Author + 50 years Generally Copyright Creation Life of the Author + 50 years Computer Program 50 years as of the first publication Computer Program 50 years as of the first publication Performers 50 years after the work is performed Performers 50 years after the work is performed Producer of Phonogram 50 years after the work is fixed Producer of Phonogram 50 years after the work is fixed Broadcasting 20 years after the work is broadcasted for the first time Broadcasting 20 years after the work is broadcasted for the first time
SCHEME OF COPYRIGHT REGISTRATION APPLICATION OF COPYRIGHT ADMINISTRATIF EXAMINATION EVALUATION REGISTERED GIVING A LETTER OF COPYRIGHT REGISTERED REFUSED COMPLETED
IP STATISTICS Applications for Copyrights YEARRECEIVEDREGISTEREDREFUSED 2006 5,8673,110530 2007 6,4113,591219 2008 4,7333,754584 2009 5,0496,5041,301 UNTIL MARCH 2010 1,171649829
Publication and Reproduction Publication : the reading, broadcasting, exhibition, sale, distribution or dissemination of work, by utilizing whatever means including the internet, or by any manner so that such work is capable of being read, heard or seen by any other person Reproduction : to increase the number of work, either as a whole or its substantial parts using either the same of a different material, including the changing of the form or mode a work permanently or temporary.
Related Rights The Rights which are related to copyright, that is, the exclusive for a performer to reproduce or to broadcast his/her performances; or to rent phonographic works, and for broadcasting organization to produce, or to broadcast its broadcasting work
COPYRIGHT TO WORKS of UNKNOWN AUTHORS The State shall hold the copyright for works from prehistoric remains, historical and other national cultural objects. The State shall hold the copyright for folklores and works of popular culture that are commonly owned, such as stories, legends, folk tales, epics, songs handicrafts, choreography, dances, calligraphies and other artistic works. Further provisions regarding folklore and traditional expression will be regulated by Government Regulation.
POINT OF AMENDMENT NEW COPYRIGHT LAW Definition of Copyrights New Bill on Traditional Knowledge and Traditional Expression Copyright Management Organization (CMO) (Law revision will accommodate more about the CMO) RIGHT MANAGEMENT INFORMATION :More detailed regulation CRIMINAL PROVISION (Ordinary Crime Warrant by Complaint) Injunction : more detailed regulation
CONCLUSION GOI fully realizes on the importance of creative industries as a tool for national welfare GOI fully realizes on the importance of creative industries as a tool for national welfare Learning copyright system will give the new perspective and understanding regarding many aspects of IP, as well as encourage new spirit in building copyright system in Indonesia.
Directorate General of IPR Jl. Daan Mogot Km.24, Tangerang, Indonesia www.dgip.go.id
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