Have you ever heard of the terms copyright and patent rights? These two terms are often heard, especially in business matters. Copyright and patent rights are types of intellectual property rights (IPR) which are regulated separately in law. IPR is an exclusive right that arises from the results of thinking that results in a work or product whose protection is territorial in nature.For Further Information, ask law firm Jakarta.
This means that this protection is provided only in the country where this IPR is registered. In Indonesia, copyright and patent rights are regulated in separate laws so that the scope of protection and the types of works protected also differ between copyright and patent rights. Below, Libera will explain the differences between copyright and patent rights in more detail.
According to Law No. 28 of 2014 concerning Copyright (Copyright Law), copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a work is manifested in real form without reducing restrictions in accordance with the provisions of laws and regulations. This means that copyright will be obtained automatically when the creator creates the work, without the need to register the work. What is meant by creator is a person or several people who individually or collectively produce a unique and personal creation.
also read : Get to Know About Copyright Law in Indonesia
As the copyright holder, you have economic rights to the work, where you can use the work for commercial purposes. Thus, copyright is a type of asset and can be transferred to other parties or used as collateral for debt.
In copyright, there are 2 types of rights, namely moral rights and economic rights. Moral rights are rights that are always attached to the creator and are valid indefinitely. Meanwhile, economic rights are rights that can be transferred and their validity period varies, depending on the type of creation. For example, for computer programs and video games, the copyright term is 50 years from the time the copyright was announced.
Patents are protected by Law No. 13/2016 on Patents (Patent Law), in which a patent is defined as an exclusive right granted by the state to an inventor for his invention in technology for a certain period of time to implement the invention himself or give approval to other parties to implement it. The main element of a patent is an invention, where an invention is defined as an inventor's idea that is poured into a specific problem-solving activity in the field of technology in the form of a product or process, or improvement and development of a product or process.
Patents themselves are divided into 2 types, namely patents and simple patents. Where, a patent on an invention can be granted if the invention is a new invention, contains an inventive step, and can be applied in industry. Meanwhile, a simple patent on an invention is the same as a patent. What distinguishes it is that an invention on a simple patent does not need to contain an inventive step but is sufficient with the development of an existing product or process.
By owning a patent on the invention, you can grant a license to other parties to use the invention. In addition, you can also transfer the patent rights on the invention to another party, where the transfer will prevent you from using the invention for commercial purposes. The term of patent protection and simple patent has a difference. For patents, the protection granted is 20 years from the date the patent application is received by the government. Whereas a simple patent, the protection provided is shorter, namely 10 years from the date the patent application is received by the government. Protection for both types of patents cannot be extended.