2020Lambung Mangkurat Law JournalOpen access

The Politics of Criminal Law in Trademarks and Future Concept of Omnibus Law for IPR

Ifrani Ifrani

Open full text 0 citations

Abstract

From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other countries. The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs of Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.

Open-access reader

About this research paper

What this paper is about

From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other countries. The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs of Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

From the Global Intellectual Property Center (GIPC) survey, Indonesia still considered weak in protecting intellectual property. Then the political direction of law began to look at the concept of the omnibus law to promote the ease of doing business (EoDB). Therefore, the purpose of this study is to analyze first, the legal protection issues of famous brand holders in Act No. 20/2016 through political instruments and criminal law policies. Secondly, the concept of the omnibus law as ius constituendum of the Act Related to Indonesian Intellectual Property in the political perspective of criminal law. The normative method was chosen because of the object of the study on the principles of law, theories, and doctrines of jurisprudence. The results of this study show that although Indonesia's IPR index score increased in 2019, it's global ranking declined. This means that despite increases in scores, Indonesia's IPR enforcement tends to be stagnant when compared to other countries. The IPR-related Act can be combined into an omnibus law. The aim is to simplify the laws of Patents, Trademarks, Copyrights, Industrial Designs, Layout Designs of Integrated Circuits, and Communal Investment Credit which greatly affect the economy and investment in Indonesia.

Key concepts: Intellectual property, Law, Politics, Criminal law, Law enforcement, Sharia, Enforcement, Commercial law

Related papers

Back to paper searchBrowse research topicsOriginal source
The Politics of Criminal Law in Trademarks and Future Concept of Omnibus Law for IPR — Research Paper | ScholarLens