085/ALSANCI/VIII/2020
ALSA INDONESIA LEGAL ENGLISH VOCABULARIES
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ALSA INDONESIA LEGAL ENGLISH VOCABULARIES #3 Academic Activities & Training ALSA Indonesia 2020/2021
INTELLECTUAL PROPERTY LAW
No.
Terminology
Definition
Explanation
Example
1
Trademark
Merek Dagang
1. A Mark that is used on goods
1. There is ™ after
traded by a person or by several
the
KFC
logo,
persons jointly or a legal entity to
which means the
distinguish the goods from other
Trademark is not
goods of the same kind;
yet registered.
2. A trademark is a distinguishable and unique sign that is used in the Note:
In
Indonesia,
trade of goods and/or services, in Trademark is regulated order to indicate the source and under the Law Number origin of the goods and/or 20 of 2016 concerning services;
Mark and Geographical
3. A mark used by a manufacturer Indications or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law. 2
Patent
Paten
1. An exclusive right granted by the
1. Without patents,
State to an Inventor for his
Pharmaceutical
Invention
Companies’ drugs
in
the
field
of
technology, for a specific time,
and
medicines
to exploit his Invention or to
could
authorize another person to
duplicated
exploit it;
sold by companies
be and
2. An exclusive right granted by the
that
state to an inventor for an
did
not
research or invest.
invention which is novel, and which can be applied in industry. Note:
In
Indonesia,
patents are regulated under the Law Number. 14 of 2001 concerning Patent 3
Copyright
Lisensi Hak
Written permission granted by the
1. The company has
License
Cipta
Copyright Holder or related rights
signed
owner to another party to carry out
copyright license
the economic rights over his work or
with the copyright
product-related rights under certain
holder.
the
conditions Note:
License
agreement
must
be
registered
with
and
announced
by
the
Minister of Law and Human Rights to bind the third parties legally. 4
Patent
Lisensi Paten
License
A permission granted by the Patent Hyundai Indonesia has Holder to another party by means of the patent license to an agreement based on the grant of sell
the
technology
right to enjoy the economic benefit of made by the Inventor. a Patent that is protected for a certain period and specific requirements. 5
Effective
Tanggal Ter-
The patent filing date is the date you A patent is granted for
Filing Date
registrasi
applied to the Directorate General of a period of 20 (twenty) Intellectual Property (DGIP) for your years as from the Filing
invention. It is the actual date to Date. which you filed or submitted your application. This date may or may not be
your
effective filing
date,
depending on if you claimed priority to another application. 6
Service Mark
Merek Jasa
1. A Mark that is used for services
1. The Service Mark
traded by a person or by several
has
given
the
persons jointly or a legal entity to
company
distinguish the services from
valuable reference
other services of the same kind;
for the consumer.
a
2. A service mark is any word, name, symbol, device, or any Note:
SM
(Service
combination, used, or intended to Mark) or the symbols be used, in commerce, to identify next to a mark are not and distinguish the services of mandatory and usually one provider from services cannot be granted legal provided by others, and to protection. indicate the
source of
the
services. 7
Invention
Ciptaan
Inventor's idea that is poured into any Through much research activity of solving a specific problem and development, the in the field of technology, either in Covid-19
vaccine
the form of a product or process, or invention is in the an improvement and development of process of registering a a product or a process. 8
Collective Mark
Merek Kolektif
pharmaceutical patent.
1. A Mark that is used on goods Note:
in
and/or services having the same Collective characteristics that are traded regulated
Indonesia Mark under
is the
jointly by several persons or Law No. 20 of 2016
legal entities to distinguish the concerning Marks and goods and/or services from Geographical others of the same kind;
Indications, in which
2. A trademark or service mark Mark Application as used, or intended to be used, in Collective Mark may commerce, by the members of a only be accepted if the cooperative, an association, or Application other
collective
group
clearly
or states that the Mark will
organization, including a mark be used as Collective which indicates membership in a Mark. union, an association, or other organization. 9
Intangible
Aktiva tidak
An asset that is not physical in
Intellectual property is
Asset
Berwujud
nature. Goodwill, brand recognition
an
and intellectual property, such as
with legal rights.
intangible
asset
patents, trademarks, and copyrights, are all intangible assets. 10
Simple Patent Paten Sederhana Any invention in the form of a Note: Simple Patent is product or device, which is novel and commonly known as possesses
practical
use
values utility
patent
in
because of its shape, configuration, Indonesia construction, or component, may be granted legal protection in the form of a Simple Patent. 11
Fair Use of
Penggunaan
Copyright
yang Wajar
1. Exceptions
to
copyright
1. Purchasing
a
protection, designed to facilitate
downloaded song
the use of copyrighted material
on an iPad and
that
may
be
considered
copying it to an
but
otherwise
iPhone where both
technically infringing copyright
devices belong to
acceptable
laws;
the same owner is a
2. Air use of a copyrighted work, including
fair
use
of
such
use
by
copyright that does
in
copies
or
not infringe the
reproduction
phonorecords or by any other
copyright laws;
means specified by that section,
2. The standards used
for purposes such as criticism,
to
comment,
whether
teaching copies
news
reporting,
(including
multiple
for
classroom
determine a
particular use is
use),
considered as fair
scholarship, or research, is not an
is governed under
infringement of copyright. In
the
determining whether the use
Law.
Copyright
made of a work in any particular case is a fair use the factors to be Note: considered shall include: a. The
The
new
Copyright Law does
reproduction
and not define "fair use",
distribution of copyrighted but it regulates a certain content through IT and scope of activities of communications
media copyright
use
that
where such use is non- cannot be considered as commercial in nature;
an infringement.
b. Making one copy of a computer
program
for
backup or research and development purposes; c. Making one copy of any type of work for personal use; and d. Temporary copies of works made by digital media.
12
Industrial
Desain Industri
Design
A
creation
on
the
shape, Note: Industrial Design
configuration, or the composition of is regulated under Law lines or colors, or lines and colors, or No.
31
of
2000
the combination thereof in a three or concerning Industrial two-dimensional form which gives Design. aesthetic values and can be realized in a three or two dimensional pattern and can be used to produce a product, good or an industrial commodity and a handy craft. 13
Integrated
Sirkuit Terpadu A finished or half-finished product Note: The integrated
circuit
that contains various elements, at circuit is defined and least one of which is active, which are regulated
under
the
partly or entirely interconnected, and Law Number 32 of integrated in a semiconductor to 2000 produce electronic functions.
Layout
Concerning Designs
of
Integrated Circuit 14
Trade Secrets Rahasia Dagang A formula, process, device, or item of
1. The
recipe
of
information used by a business that
KFC’s
has economic value because it is not
kitchen
generally known or easily discovered
acknowledged as a
by observation or examination
trade secret.
Note:
original is
Under
the
Indonesian Law, Trade secret is regulated in Law Number 30 of 2000 Concerning Trade Secret 15
Priority
Hak Prioritas
The right of an applicant to file an Note:
The
priority
Rights
application deriving from a member rights and procedures country of the Paris Convention in for using them are order to get the recognition that the regulated
by
Law
filing date he is filing at a designated Number 20 of 2016 country, which is also a member of concerning Trademarks the Paris Convention or the World and
Geographical
Trade Organization, has the same Indications. Apart from date as the filing date he gets in the the Trademark Law, country of origin, within the period as priority rights are also prescribed in the Paris Convention.
regulated Regulation
by
the
of
the
Minister of Law and Human Rights Number 67 of 2016 concerning Trademark Registration 16
Copyright
Hak Cipta
1. The exclusive right of the creator
1. Copyright
that arises automatically based
Infringement is a
on the principle of declarative
serious problem in
after an invention is embodied in
Indonesia.
a tangible form without prejudice
2. Copyright give
law
to the restrictions in accordance
will
better
with the provisions of the
protection for the
legislation;
creative industry.
2. The right to prevent copying (and certain other acts) relation qualifying
to
original for
in Note:
In
Indonesia,
works Copyright is regulated
protection. under the Law Number
Copyright can subsist in literary, 28 of 2014 Concerning dramatic, musical and artistic Copyright. works, sound recordings, films,
broadcasts,
and
the There are two types of
typographical arrangement of copyrights in Indonesia published editions;
in terms of the duration
3. The right to copy; specifically, a of its protection: 50property right in an original work year legal protection of authorship (including literary, and
70-year
musical,
dramatic, protection.
choreographic,
pictorial,
graphic, architectural
sculptural, works;
legal
and motion
pictures and other audiovisual works; and sound recordings) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. 17
Infringement
Pelanggaran
1. The act or an instance of 1. An especially:
invention
is
Kekayaan
infringing,
the
infringing if it is a
Intelektual
unauthorized use of copyrighted
literal copy of a
or patented material or of a
patented invention
trademark, trade name, or trade;
or if it performs
2. An act that interferes with one of
substantially
the
the exclusive rights of a patent,
same function in
copyright, or trademark owner.
substantially
the
same manner and obtains the
same
result as the patented invention 2. Intellectual Property infringement is a
common predicament
in
Indonesia.
Note:
Infringements
concerning trademark, copyright, patent and design are ‘complaint based’
offenses
in
Indonesia. 18
Intellectual
Kekayaan
Property
Intelektual
1. A category of intangible rights Note: protecting
The
commercially comprises
category primarily
valuable products of the human trademark, copyright, intellect. 2. A
and patent rights, but
commercially
valuable also
includes trade-
product of the human intellect, in secret rights, publicity a concrete or abstract form, such rights, moral rights, and as a copyrightable work, a rights protectable
trademark,
against unfair
a competition.
patentable invention, or a trade secret 19
Copyright Holder
Pemegang Hak The Cipta
creator as
Copyright,
the
the
owner of The initial copyright
party
that was holder is the author (or
receiving such rights lawfully from authors) of a work. the Creator, or other parties who receive more rights than those who received the rights lawfully. 20
Piracy
Pembajakan
A multiplication of works and / or
1. This CD is the
products related rights unauthorized
pirated
version
duplication and distribution of goods
and not the original
referred extensively to gain economic advantage.
copyrighted one. 2. The seller does not ask for the consent of the copyright owners. Therefore, these goods are the pirated version.
Source: 1. Smith
and Hoppen Attorneys, Glossary of
Intellectual Property Terms,
https://smithhopen.com/resources/glossary-of-intellectual-property-terms/ accessed on 23 February 2021 2. Bryan A. Garner. 2009. Black’s Law Dictionary, 9th Edition. 3. WIPO, English Translation of Law No. 15 of 2001 Concerning Marks, https://www.wipo.int/edocs/lexdocs/laws/en/id/id046en.pdf accessed on 23 February 2021 4. WIPO, English Translation of Law No. 14 of 2001 Concerning Marks, https://www.wipo.int/edocs/lexdocs/laws/en/id/id044en.pdf accessed on 23 February 2021 5. Richard Stim, Patent Terms and Definition: Definition of Common Patent Terms, https://www.nolo.com/legal-encyclopedia/patent-terms-definitions.html accessed on 23 February 2021 6. Rouse,
Intellectual
Property
Enforcement
Guide:
Indonesia,
https://rouse.com/media/rijkzo20/ip-enforcement-manual-indonesia.pdf accessed on 23 February 2021