[PRESS RELEASE] The Problem of Intellectual Property Rights in Digital Space: How is the Indonesia Regulation for Protecting Intellectual Property? | #DIFUSSION70

March 25, 2022 3:16 pm || By

Writer: Septiana Noor Malinda
Editor: Firya Qurratuain

Google Meet, 10th March 2022 — Intellectual Property Rights (IPR) is a complex issue that has been discussed for more than a decade. The scope of IPR includes micro and macro cases that can be horizontal or vertical. Violations of IPR are affecting the parties involved and one of its effect is the decrease of revenue which is not as it should be. The impacts IPR invite the questions related to how Indonesia regulation can solve the cases arise. For discussing this matter further, CfDS in DIFUSSION-70 taking theme ‘The Problem of Intellectual Property Rights in Digital Space: How is the Indonesia Regulation for Protecting Intellectual Property?’. The discussion is also invites Karenina Aulia as Intellectual Property Lawyer and Irnasya Shafira as Research Assistant CfDS which moderated by Made A. Bayu as Project Officer Community Outreach CfDS. Full discussion can be seen watched: Difussion #70      

Intellectual Property and Its Development in Digital Space        

Karenina opens the discussion by defining IPR as the properties which are born as the results of human intellectual capacity by outpouring time, power, thoughts, creativity, creation, and intention. The protection towards IPR is manifested in the categories of law instruments that regulate in detail. IPR protection in Indonesia itself requires two processes, namely through recording and registration with the Directorate General of Intellectual Property (DJKI). Indonesia has also regulated the commercialization of intellectual property such as license and franchise. However, the legal protection of IPR in Indonesia applies territorially that means the protection only valid on national reach. Associated by its effectiveness, Nina states, “Indonesia regulation generally has bridged protections of intellectual property. Nonetheless, it’s important to know that intellectual property is crime by offense. That means it can be only applied when there is party who feels harmed files a claim. Therefore, creator and brand owner must protect their work actively”.

Furthermore, Nina agrees that advancement digital world is also interfered by IPR violations, including copyright, trade secrets, geographical indications, industrial design, patent, and brand. Violations of IPR in digital world can be happened by individual or collective, from watching movies illegally to those involving big business entity such as the seizure of Pulp Fiction copyrights by Miramax and Quentin Tarantino. In addition, violations of IPR in the digital world often occur through applications ranging from entertainment to electronic commerce that are widely used by the public. Thus, Nina considers that the owner of the application is actually also obliged to screen for counterfeiting and protect copyright.

Understanding the Protection of IPR: Introduction towards the Importance of Intellectual Property

Irnasya on her early presentation sees that IPR violations are violations that are hard to be traced even after protected by regulation. She thinks that IPR violations are caused by some factors. Overall, it can be understood that counterfeit as a one of IPR violations is based on demand and supply. This can be analyzed as there’s no mindset that rooted strongly related to the impacts of counterfeit. Besides, the lack of knowledge of law institution officers towards IPR can be another obstacle for solving the cases.

Nowadays, IPR violations cases often highlight the nominal to be paid by violators to creators. This phenomena precisely the gap of power relation between small creator and big creator. Irnasya judged that the complexities of IPR make the protection of IPR really important to be applied. This is not only because of economic value but also protecting ideas exchange by creators and maintain passion for creating. Therefore, Irnasya emphasizes the substance of moral value in protecting IPR and believing that, “Intellectual property itself back to the morality for those who consume the property”.

Closing the presentation, Irnasya reiterates the importance of simultaneous efforts to improve the protection system while at the same time increasing public understanding of intellectual property rights. The availability of regulations will never be ready without the awareness of the government and the public. This statement was approved by Nina, followed by an invitation to the creators to play an active role in protecting the work that has been created.