THE LAW PROTECTION OF CERAMIC INDUSTRY DESIGN IN SENTRA BAYAT, KABUPATEN KLATEN BETWEEN COPYRIGHT LAW AND INDUSTRIAL DESIGN LAW
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Soemantri, Harry Susanto
Subject
Hukum Bisnis
Datestamp
2015-08-31 10:00:33
Abstract :
This legal research is based on the three law issues, which are law protection of traditional ceramic industry design in Copyright, also in Industrial Design Law, and the most important goverment institution in the local district government that is proved to be the closest arty to the traditional ceramic's design. Based on a normative legal research, law issues which appeared in set of law dogmatic is about legal provision that arrange traditional industrial design in the Copyright Law and Industrial Design Law. The question appeared in the level of legal theory is could a personal copyright law concept be used in case of traditional ceramic lesign. The approach taken by the statute is a statutory regulation in which aspects of legislation end regulation becomes important as the product of comparative law and legal approaches to the English-nation that has long tradition of providing legal protection of industrial designs. This legal research indicates that the design of the traditional ceramic industry can be identified through hereditary manufacture and difficult to know when these ceramic design was first created and the communal nature of ownership. Thereof, the settings should be specially regulated because if only regulated in Copyright Law and Industrial Design Law, then it wil be very harmful to that traditional community, particularly because of the very limited ownership deadline. If the period is up, it becomes public domain, thus undermining the uniqueness, specificity, and geographical indications of the traditional ceramic designs. The role of local goverment is actively required to conduct the inventory, classification, and provides legal protection against the creation and design of Indonesia's traditional ceramic industry.
This legal research is based on the three law issues, which are law protection of traditional ceramic industry design in Copyright, also in Industrial Design Law, and the most important goverment institution in the local district government that is proved to be the closest arty to the traditional ceramic's design. Based on a normative legal research, law issues which appeared in set of law dogmatic is about legal provision that arrange traditional industrial design in the Copyright Law and Industrial Design Law. The question appeared in the level of legal theory is could a personal copyright law concept be used in case of traditional ceramic lesign. The approach taken by the statute is a statutory regulation in which aspects of legislation end regulation becomes important as the product of comparative law and legal approaches to the English-nation that has long tradition of providing legal protection of industrial designs. This legal research indicates that the design of the traditional ceramic industry can be identified through hereditary manufacture and difficult to know when these ceramic design was first created and the communal nature of ownership. Thereof, the settings should be specially regulated because if only regulated in Copyright Law and Industrial Design Law, then it wil be very harmful to that traditional community, particularly because of the very limited ownership deadline. If the period is up, it becomes public domain, thus undermining the uniqueness, specificity, and geographical indications of the traditional ceramic designs. The role of local goverment is actively required to conduct the inventory, classification, and provides legal protection against the creation and design of Indonesia's traditional ceramic industry.
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