Trends Protection as Legal Protection of Creative Industries in the Perspective of the Welfare Law State

Abstract

In many ways, the creative industry is a way out for the development of new industries, which are hindered by problems with the availability of capital and technology. The creative industry is synonymous with Micro, Small and Medium Enterprises (MSMEs) that are more resistant to crises that are part of the free market. The biggest threat from the creative industry actually comes from within itself, namely the slowing down of the creative process that can bring new things. The creative industry is an industry that produces trends in certain fields, thus protecting the existence of the creative industry can be done by providing protection against the trends generated by the creative industry. What is meant by protection here is of course legal protection that has an impact on increasing the welfare of the stakeholders of the creative industry. Current trend protection has not become part of the protection of Intellectual Property Rights (IPR) even though in reality trend protection is a protection against the results of intellectual activity itself. Thought regarding trend protection is a new thought, so that research related to it is only possible to use primary legal material in the form of secondary data, thus making it a doctrinal legal research. Keywords—industry; creative; protection; trends