Legal Protection of Copyright in the Globalization Era: A Comparison of Indonesia and China

Abstract

The copyright in reference to the Republic Indonesia Law Number 19 of the Year 2002 on the copyright system is as an exclusive of right which is for a so called creator or a receiver of copyright itself to be able to display or to reproduced a creation or by giving the permission to it by not reducing its own restrictions under applicable copyright law. Hierarchically the copyright system itself belongs to the proprietary system of property that is immaterial because it also includes the ideas of thoughts, ideas, as well as from the imaginative form of a person who has poured it into a form of copyrighted work/copyright, as is the case with the copyright in the form of scientific books, literary works, or in the form of artwork. Many of the countries of the world both individuals and legal entities apply this copyright. Of course the copyright system of each country must vary where this difference is the advantage of the country's copyright system itself compared to other countries copyright systems.

Registering Ternate City People’s Traditional Knowledge as Property Rights

“…The concept of protecting traditional knowledge as described by Duffield is in line with the protection model developed by the World Intellectual Property Organization (WIPO). In general, the World Intellectual Property Organization explains two protection models, namely: 22 First, the defensive protection model refers to efforts aimed at preventing the granting of traditional knowledge IPR to other parties without the knowledge and permission of the traditional knowledge owner. Defensive protection of traditional knowledge affects patent registration in terms of obligations to disclose the origin of genetic resources and/or traditional knowledge related to inventions.…”

The Exploitation of Indigenous Communities by Commercial Actors: Traditional Knowledge and Traditional Cultural Expression

“…"TCE's characteristic of having an unknown creator is the main obstacle in providing maximum legal protection to the traditional" community's TCE. Under Article 38 of Indonesia Copyrights Law, rights over creation in which its creator is unknown shall be held by the state (Nugroho & Utama, 2020). Communal intellectual property rights owned by the state are initially used to protect the interests of the anonymous creator.…”

“…Communal intellectual property rights owned by the state are initially used to protect the interests of the anonymous creator. However, this protection scheme will only fulfill and protect the traditional community's moral rights who developed the TCE and may not cover their economic rights, becoming an inseparable part of intellectual property rights (Nugroho & Utama, 2020). Therefore, the protection scheme of the TCE stipulated under Indonesia Copyrights Law cannot fully safeguard the rights of the community over their TCE, which comprises economic and moral rights.…”

“…The protection of economic rights of the community, which previously has become the regulatory obstacle, will potentially be harmed due to the unclear and uncertain protection mechanism. Indonesia Copyrights Act and Cultural Enhancement Act, as the legal basis of TCE protection, have yet to provide an implementation regulation that may clarify the protection mechanism in question (Nugroho & Utama, 2020). Potential harm to the adat community arises whenever there is a utilization of TCE by foreign or national commercially motivated actors.…”

Copyright Legal Protection on Ownership of the Song “Majulah, Jayalah STA” (Study of the Supreme Court Decision No. 279 K/PDT.SUS-HKI/2020)

“…To obtain and realize these exclusive rights, the creator as a person or group producing work or creation with a characteristic can register the results of his work with the Directorate General of Intellectual Property Rights [7,8]. Therefore, copyright protection through copyright law will provide legal protection for its creators [9]. In Indonesia, copyright infringement is still common.…”