Perbandingan Perlindungan Hukum Pemilik Desain Industri Yang Karyanya Digunakan Tanpa Persetujuan Antara Di Indonesia Dan Prancis

Hutauruk, Zakiyah Nurul Hidayah (2024) Perbandingan Perlindungan Hukum Pemilik Desain Industri Yang Karyanya Digunakan Tanpa Persetujuan Antara Di Indonesia Dan Prancis. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The scope of design protection in Indonesia is more limited, with a primary focus on the appearance of the product. The ratification of the Paris Convention, which served as the basis for the drafting of Law No. 31 of 2000 concerning Industrial Designs, inevitably contains elements of difference or novelty that have been adjusted to suit the adopting country. The type of research used in this study is normative-juridical, which involves examining and comparing two comparative regulations. In this study, the comparison is made between the legal protection for industrial design owners whose designs are used without permission in Indonesia and France. The differences in industrial design protection between Indonesia and France lie in registration and examination. In France, the registration of industrial designs is carried out through a process that requires the applicant to submit drawings or physical samples of the design. This process does not always involve a substantive examination, but the registered design will automatically receive protection, and the examination is more rigorous, where the relevant authorities conduct a comprehensive evaluation of the novelty and originality of the submitted design. In contrast, the examination in Indonesia is not as strict as in France. This results in the registration of designs that do not meet the novelty requirements. The duration of industrial design protection in France is longer, lasting up with renewals every 5 years, whereas the duration of industrial design protection in Indonesia is only 10 years. France also has a community of unregistered designs that are protected for 3 years, making it easier for design owners to prevent others from using their designs without permission as long as the designs are still considered unique and uncommon.

Item Type:

Thesis (Undergraduate)

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