UTILIZATION OF IPR SYSTEM

IN CREATIVE INDUSTRY

Ahdiar Romadoni
doni@ipr.itb.ac.id
What is Intellectual Property (IP)?

• The first and foremost “Property”--

Much like land or equipment is an asset

• A ‘product of the mind’ : anything that produced by

human intellectual works, it could be invention
(technology), product design, artistic works, music,
literary, theory of science or implementation of the
idea

2
 IPR as VALUABLE ASSETS
Ring-pull cans
The inventor licensed the system to Coca-Cola at 1/10
of a penny per can. During the period of validity of the
patent the inventor obtained 148,000 UK pounds a day
on royalties.

3
SOME FORMS OF INTELLECTUAL PROPERTY

•Technology (invention)
•Product design (shape, pattern, line/color)
•Literature, art, theory of science, Software
•Name and trade symbol
•Know-How & trade secret
•Integrated circuit lay out
•New Plant variety

© 2010 Ahdiar Romadoni/IPMO-ITB 4

5
What is Intellectual Property Rights?

The exclusive rights granted by state to a person, group of

person or a legal entity for certain period of time upon their
creations of intangible assets, such as musical, literary, artistic
works; inventions; and words, phrases, symbols, and designs

Incentive from the state to those who have creativity to

produced new creations that useful for the society. (incentive
system)

© 2010 Ahdiar Romadoni/IPMO-ITB 6

  Art works
 Computer Software
Copyrights  Literature
 Neighboring rights (recording,
broadcasting Performing dll)

IPR  Patent & Simple Patent (Invention)

 Trademark (Symbol/ Trade Name for goods
and services)
 Integrated Circuit Lay out design (IC Lay
Out design)
Industrial
 Industrial Design (appearance of the
Property product)
Rights
 Trade Secret (Secret information that
valuable in trading/business)
 Plant Variety Protection (New Plant Variety)
7
 CREATIVE INDUSTRY

Definition by UK DCMS Task force 1998 :

“Creatives Industries as those industries which
have their origin in individual creativity, skill &
talent, and which have a potential for wealth
and job creation through the generation and
exploitation of intellectual property and
content”

8
 CREATIVE INDUSTRY
The creative industries have been seen to
become increasingly important to economic
well-being, proponents suggesting that
"human creativity is the ultimate economic
resource," (Florida 2002, p. xiii) and that “the
industries of the twenty-first century will
depend increasingly on the generation of
knowledge through creativity and innovation,"

9
 CREATIVE INDUSTRY

creative industry comprises

advertising, architecture, art, crafts, design, fashi
on, film, music, performing
arts, publishing, R&D, software, toys and games,
TV and radio, and video games (Howkins 2001,
p. 88-117). There remain, however, different
definitions of the sector (Hesmondhalgh 2002,
p. 12)(DCMS 2006).

10
What does IPR mean to Business

It can protect your product idea,

expression of the product and product’s
identity--
Your IP assets allow you to prevent
others from making and selling
products contained your IP.
Remember: Anything that can be
profitably copied, probably will be. 11
 PATEN (PATENT)
 Patent protection is afforded to inventions (new technologies)
 A patent gives the inventor the exclusive right to
exclude others from making, using, offering for sale, or
selling the invention.
 Criteria of Patent :
- Novel (new)
- Inventive (non obvious)
- Applicable to industry
 Different types of patents have different terms:
Patents have a 20-year term.
Simple Patent/utility model have a 10-year term.

© 2010 Ahdiar Romadoni/IPMO-ITB 12

What is the invention?

an idea that can be implemented to solve a

technical problem. It could be a new product
or new process (method) or improvement of
the existing product or process
Inventor has to disclose the invention to the
state (and state have obligation to disclose to
the public) if he/she wants to have patent
protection
13
PATENTABLE SUBJECT MATTERS

 Process;
 Product;
- Machine;
- Device;
- Article of Manufacture;
- Composition of matter
 Improvement thereof.

14
15
Travel Iron US Patent 4,524,263

16
Travel Iron US Patent 4,524,263

17
18
19
20
21
SIMPLE PATENT

Paper clip

Ring-pull cans

22
INDUSTRIAL DESIGN
 DESIGN PATENT (US)

 An industrial design is the ornamental or aesthetic

aspect of an article. The design may consist of three-
dimensional features, such as the shape or surface
of an article, or of two-dimensional features, such as
patterns, lines or color

 Criteria : new or novel

 Terms of protection : 10 years

23
INDUSTRIAL DESIGN

Industrial designs are applied to a wide

variety of products of industry and
handicraft: from technical and medical
instruments to watches, jewelry, and other
luxury items; from housewares and
electrical appliances to vehicles and
architectural structures; from textile
designs to leisure goods.

24
 INDUSTRIAL DESIGN

 “AN INDUSTRIAL DESIGN IS THE

SHAPE/FORM OF A PRODUCT”

 Only the aesthetic/visual form of a product

can be filed and protected as an Industrial
Design

 not the Technical Function (Patents)

25
INDUSTRIAL DESIGN

26
 INDUSTRIAL DESIGN
DISNEY 3D CHARACTER - GRAPHIC DESIGN

27
 INDUSTRIAL DESIGNS CAN DESIGNATE
NATIONAL CULTURAL

Aboriginal Dot Painting

Iranian Carpet
Indonesian Batik
28
 TRADEMARK

Trademark protection is afforded to mark

that are used to distinguish the source of
the goods or services from that of others.
Terms of protection :10 years and can be
prolonged tahun dan dpt diperbaharui
Criteria : distinguishing features
It has to be used on goods and services

29
 What can be used as a “mark”
Drawings
Letters and Numerals
Names
Colors or Combinations of Colors
Logos
Shapes (not applicable in Indonesia)
Sounds (not applicable in Indonesia)
Smells (not applicable in Indonesia)

30
TRADEMARK AS A SYMBOL OF QUALITY

Collective Mark

31
FORMS OF TRADEMARK

32
How do trademarks work ?

A sign, used in commerce, when registered

and/or protected by law becomes a trademark
Communication with consumers = ---
- identification of product/service and its source
- symbol of quality
Consumers’ trust and loyalty are key factors of
the market success
33
 COPYRIGHTS

 Rights to make copies

 Copyright protection is afforded to authors of
“original works of authorship”, including literary,
dramatic, musical, artistic, and certain other
intellectual works.
 A copyright gives the owner the exclusive right (and
to authorize others) to do certain things, e.g., copy
the work, adapt the work, distribute copies of the
work.
 Criteria : original

34
 COPYRIGHTS

Terms of Protection : the life of the author plus

50 years (art, literary), 50 years (software,
cinematography, photograph)

Prevents only the form of expression of ideas

and not the ideas themselves

35
SUBJECT MATTERS PROTECTABLE BY COPYRIGHTS

original literary, dramatic, musical, scientific

,and artistic works; cinematograph films, and
sound recordings.

36
SUBJECT MATTERS PROTECTABLE BY COPYRIGHTS

37
 Utilization of IPR in Industrial
Product Simultaneously
IP rights are often confused. There are some
similarities, but each IP rights are different and
serve different purposes.

But they need not be mutually exclusive. For

any one work, more than one form of IP
protection may apply, as long as it meets the
requirements of the laws that govern that form
of protection.
38
 Utilization of IPR in Industrial
Product Simultaneously

Copyrights:
PATENT :
OS, software PP
baterry lithium

Simpel Patent :
Industrial Design : antena, flip tombol
Design for shape,
configuration, color Trademark :
nama
commercial
name , simbol. 39
40