IPR (INTELLECTUAL PROPERTY RIGHTS) PROTECTION ON WORKS OF INDUSTRIAL DESIGN CREATIVITY FOR MICRO SMALL AND MEDIUM INDUSTRY AS AN EFFORT TO IMPROVE NATIONAL COMPETITIVENESS IN FREE TRADE
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Date
2011-03-14
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2nd International Conference on Business and Economic Research (2nd ICBER 2011)
Abstract
IPR (Intellectual Property Rights) protection of industrial design is a strategic medium for improving designer’s
creativity of micro small and medium industry as one of the efforts of improving national competitiveness in
entering free trade era. This paper is aimed at reviewing the IPR protection on works of industrial design
creativity for micro small and medium industry as an effort to improve national competitiveness. Figuring out the
IPR protection on creative works of industrial design through the Law of Copyright and Industrial Designs, as the
implementation of TRIPs, is the effort of small medium and micro enterprises for increasing their competitiveness.
It also serves as the design for formulating a legal regime on IPR that is more adequate for the protection of the
IPR of the work of industrial design creativity of small micro medium enterprises in entering the era of free trade.
Normative juridical approach is applied on this research, which focuses on secondary data obtained from the
literature research, supported by primary data from field research.
The result shows that proper IPR protection over industrial design creativity contributes significantly to the
designer’s creative ideas of micro small and medium industry. Designers’ of micro small and medium industry
have not used the laws of Copyright and Industrial Design, as the implementation of TRIPs, effectively. The law of
Copyright does not meet the designers’ expectations in the way of protecting their creative ideas as the effort for
improving the national competitiveness.
The other existing barriers in realizing the IPR protection is the juridical aspect; the regulation of IPR protection
over the creative works is not yet clear and complete, and less recognition to the fact that creative works do
contribute to the designers, other than the fact that social environment is still influenced by the communal society.
The government needs to perform a concrete effort by completing and socializing the regulation of what to be
used for protecting industrial creative works. The Forms of appropriate and legal IPR regime for the protection
of creative works of industrial design, mainly to encourage the creativity of small medium micro enterprises to
improve national competitiveness in the era of free trade, is the Law of Industrial Design that is "single
protection".
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Keywords
IPR Protection, Industrial Design Creativity, Micro Small and Medium Industry, Competitiveness, Free Trade