Developing Intellectual Property Rights as Joint Assets Post-Marriage Decisions Based on Justice

Abstract

The purpose of this research is to develop IPR as joint property and how to distribute it after divorce based on justice. The method used in this research is socio-legal (Socio-legal Research). This study uses primary data and secondary data. Meanwhile, the technique of collecting data is through library research and field studies analytical descriptive data analysis. The results of this study indicate that this research also finds a new legal norm/rule: that the economic value obtained from all types of intellectual property rights, namely Copyrights, Patents, Trademarks, Trade Secrets, Industrial Designs, Plant Variety Protection, Layout Designs of Integrated Circuits registered during Marriage becomes joint property of husband and wife as long as it is not stipulated otherwise in the marriage agreement and the distribution after the marriage breaks up each gets half as long as husband and wife carry out their responsibilities, roles and duties properly as head/housewife, whereas if husband and wife are not/less able to carry out their duties properly responsibilities, roles and duties properly in the household, then the distribution is in accordance with the size of their contribution in the household and the process of creating/discovering IPR. The results of the distribution, either in a decision or an agreement in front of an authorized official, must be recorded at the Directorate General of Intellectual Property Rights, because the transfer of Economic Rights of Intellectual Property Rights only has legal consequences for third parties after being registered at the Directorate General of Intellectual Property Rights. Legal Structure Side, increasing knowledge, understanding and experience of law enforcement in the field of intellectual property rights through formal education, training, certification, seminars, workshops, library access, field practice and other means. Legal Culture Side, increasing public knowledge and understanding in the field of IPR through legal education, both formal and non-formal.