Legal Reconstruction of Intellectual Property Rights as Joint Property in Marriage Based on Justice Value

Abstract

, , Page no - | ABSTRACT | PDF | FULL TEXT | e-PUB The purpose of this study is to examine the weaknesses that arise as a result of IPR as joint property that is not regulated in the legislation regarding IPR and develop IPR as joint property and how to distribute it in case of divorce based on justice value. The method used in this research is socio-legal (Socio-legal Research) which uses primary data and secondary data. Meanwhile, the technique of collecting data is through library research and field studies, and Analytical descriptive data analysis. The results of this study indicate that the IPR legislation in Indonesia does not regulate IPR as joint property because it is heavily influenced by the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, none of which mentions IPR as joint property. As a result, it creates weaknesses, including the positive law of IPR that is unable to answer and provide solutions to the problems of joint property that arise in Indonesian society, making it difficult for law enforcers to make decisions on issues of joint property in the form of IPR, the disparity in decisions by one law enforcer with others, and community rights related to IPR as joint property are not fully obtained by the community. This research also proposes legal reconstruction in the form of a new legal norm/rule, that the economic value derived from all types of IPR including Copyrights, Patents, Trademarks, and Geographical Indications, Trade Secrets, Industrial Designs, Plant Variety Protection, and Layout Designs of Integrated Circuits registered during marriage to become a joint property of husband and wife as long as it is not stipulated otherwise in the marriage agreement and the distribution after the breakup of marriage each gets half as long as husband and wife carry out their responsibilities, obligations, and duties properly in the household, if husband and wife are not / less able to carry out their responsibilities, obligations, and duties well 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 of joint assets 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 IPR Economic Rights will only result in legal consequences for third parties after being registered at the Directorate General of Intellectual Property Rights.