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COPYRIGHT WORKING AND INDUSTRIAL DESIGN STUDY OF DECISION

NO: 31 / PDT.SUS-INDUSTRIAL DESIGN / 2013 / PN.NIAGA.JKT.PST.

ABSTRACT

Irfan Fauzi Fikrian Bahri1


Mahmul Siregar2
T. Keizeirina Devi Azwar3

Copyright and Industrial Design is a Legal Product which is engaged in


Intellectual Property Rights. Copyright and Industrial Design are governed by Law
No.28 of 2014 on Copyright and Law No.31 of 2000 on Industrial Design, which
regulates the Understanding of Copyright and Industrial Design, Objects and Terms of
Copyright and Industrial Design, Registration of Copyright and Industrial Design,
Cancellation of Copyright and Industrial Design, and others engaged in Copyright and
Industrial Design. The Problems to be discussed in this thesis namely First, the
Intersection between Copyright and Industrial Design. Second, Copyright Registration
concurrent with Industrial Design. Third, Judge's Consideration of Decision NO: 31 /
PDT.SUS-INDUSTRIAL DESIGN / 2013 / PN.NIAGA.JKT.PST.
To obtain the answer of the problem, research method used in the preparation
of this thesis is method of normative law research with approach of Legislation where
the method is used to analyze from side of law either from written form or judge
decision form through court process.
From the Research Result, it is concluded that the Judge rejected the claim of
the plaintiff after referring to Law No.31 of 2000 on Industrial Design and Law No.28
of 2014 About Copyright, Copyright and Industrial Design is a different intellectual
Property Rights and subject to different rules and can not be equated in the
arrangement, because the Copyright and Industrial Design already have their respective
Laws, so that the Rights and Industrial Designs that are registered together can not be
used as a basis of lawsuit, against one type of element of Wealth Intellectually alone
but must have the element of copyright and the design of the industry as well, therefore
the lawsuit committed by the plaintiff is obscured by the law (obscuur libel), and can
not be accepted by the Panel of Judges so that the Panel of Judges rejects the claim
made by the plaintiff.
Keywords: Concurrent Registration of Copyright and Industrial Design, Intersection of
Copyright and Industrial Design.

1
Law Student of Universitas Sumatera Utara
2
Supervisor 1
3
Supervisor 2