PERLINDUNGAN HUKUM TERHADAP VIRTUAL MODEL (CAD FILES) UNTUK 3D PRINTING DITINJAU DARI PERSPEKTIF HAK CIPTA DAN TENTANG DESAIN INDUSTRI

Main Author: Saraswati, Gusti Karina
Format: Book application/pdf Journal
Terbitan: UI Scholars Hub , 2021
Subjects:
Online Access: https://scholarhub.ui.ac.id/dharmasisya/vol1/iss3/11
https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1093&context=dharmasisya
Daftar Isi:
  • The existence of 3D Printing and CAD Files has great potential to conflict with the protection of intellectual property rights, especially copyright and industrial design. It is undeniable that in the future this technology will flourish in Indonesia. 3D Printing can change market ecosystem where people not selling product but selling virtual model (CAD Files). This ecosystem will have an impact on designer and companies, so they will try to protect their CAD Files from modification and copying by other parties. The legal problem of this research is to answer the question of the form of protection for CAD Files for 3D Printing according to the Copyright Act and Industrial Design Act. As well as questioning whether CAD Files as a design that has obtained industrial design can obtain copyright protection? Does the legal system in Indonesia adhere to a cumulative protection system, separate protection or cumulative partial protection? The purposes of this study are to answer whether designers can protect their CAD Files with Copyright or Industrial Design and whether the legal system in Indonesia can protect CAD Files simultaneously or cumulatively. This research using a normative legal methodology as well as using statutory approach, comparative approach and conceptual approach. This research will refer to two theorical frameworks, namely labor theory or property and cumulative protection theory. The conclusion of this research is that copyright and industrial can protect CAD Files for 3D Printing as long as the CAD Files meets the protection requirement as regulated in the Act. Although both protections can protect CAD Files, the Industrial Design Law does not regulate simultaneous protection with Copyright. So that Indonesia adheres to a separate protection regime like USA. To determine whether CAD Files are categorized as works of art or industrial design, it must be seen the purpose of the designer creating CAD Files, whether to enjoy its beauty or to be mass produced. Keyword: 3D Printing, CAD Files, Copyright, Industrial Design, Digital Blueprint. Virtual Model, Cumulative Protection