TINJAUAN YURIDIS MENGENAI PERLINDUNGAN DESAIN INDUSTRI DI INDONESIA MENURUT UNDANG-UNDANG NOMOR 31 TAHUN 2000 (Studi Kasus Putusan Mahkamah Agung Nomor: 019 K/NhaKi/2006)

Main Authors: , Rizki Ganta Riady, , Prof. Dr. Nindyo Pramono, S.H., M.S.
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2011
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/89008/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=50852
Daftar Isi:
  • The progress of world trade can not be removed from the field of economic development in the implementation of which put emphasis on the industrial sector. One of the products produced by the human intellect is Industrial Design and Industrial Design has implemented the provisions contained in the TRIPs agreement and the WTO. For an industrial design can be said to meet the standards, then that should be considered is the result of the new can be said (original), quality guarantee their quality. This is important so there is no falsification of the same products. The purpose of this study was to determine the effectiveness of Act No. 31 of 2000 in protecting the domestic industry design product liability in the era of free trade, to determine the suitability of the element of novelty value (novelty) industrial design boiler machine P.T. Basuki Pratama pursuant to Act No. 31 of 2000 on industrial design and industrial design to determine categorization engine boiler P.T. Basuki Pratama Engineering as public domain pursuant to Act No. 31 of 2000 on industrydesign. The method used is to examine on the basis of normative juridical legislation. The conclusion that can be obtained is the design of industrial boiler machine P.T. Basuki Pratama Engineering contains elements of novelty, because the design of the boiler machinery industry has not been previously disclosed through newspapers, print media, as defined in the explanation of Article 2 paragraph (2) of Act No. 31 of 2000. In addition P.T. Basuki Pratama Engineering is the designer and the first register of the industrial design of boiler machine ID number 0008936-D and no other parties who signed up earlier so that the design of industrial boiler machine P.T. Basuki Pratama Engineering is considered new. With the registered industrial design boiler machine ID number 0008936-D dated 7 June 2005 for the first time, then the holder exclusive rights to the design of industrial boiler machines are P.T. Basuki Pratama Engineering as provided in article 12 of Act No. 31 of 2000 on Industrial Designs