PERLINDUNGAN HUKUM TERHADAP HAK CIPTA DARI PENGGUNAAN SEBAGAI DESAIN INDUSTRI (STUDI KASUS PUTUSAN NOMOR 238 K/PDT.SUS-HKI/2014)

Abstract

Intellectual Property Rights give the owner the right to enjoy the economic benefits of the creations produced. Copyright and Industrial Design are part of Intellectual Property Rights. The dispute between Copyright and Industrial Design is commonplace in the community known as the tangent point. Decision No. 238 K / Pdt.Sus-HKI / 2014 is one of the results of a decision on the case of tangent copyright and industrial design, where the decision of the cassation considers the space for similar violations. Copyright is born automatically in realization without any registration and given to copyright holders, while protection for industrial design is not automatic because it is given in accordance with the registration of the new design. From the brief description above, it is obtained the formulation of the problem in the form of how to protect the law against the copyright holder and what factors can cause a dispute between copyright and industrial design.