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Assignment代写:Intellectual property protection in Indonesia

2018-04-25 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- Intellectual property protection in Indonesia,供大家参考学习,这篇论文讨论了印度尼西亚的知识产权保护。印度尼西亚知识产权保护工作起步较早,早在十九世纪末,印度尼西亚就有第一件商标被注册。荷属东印度时期,印度尼西亚政府已开始设立知识产权管理部门,并通过相关法律保护知识产权。在印度尼西亚独立后50余年间,该部门数度更名并扩大职能。后来,印度尼西亚政府对知识产权总局的组织机构再次进行了机构与职能调整。

Intellectual property protection,知识产权保护,assignment代写,美国作业代写,作业代写

Indonesia's intellectual property protection work started early, as early as on 10 January 1894, Indonesia's first trademark was approved for registration in the capital, Batavia. During the Dutch east India period, the Indonesian government began to establish intellectual property management departments and to protect intellectual property rights through relevant laws. In the more than 50 years since the independence of Indonesia, the department has changed its name and expanded its functions: in 1945, it was the process ownership department; In 1947, it was the industrial property department; In 1964, it was the patent method bureau; In 1966, it was the Patent Office; 1975 patent and copyright office; 1988 copyright, patent and trademark office; In 1998, it was the general administration of intellectual property. In 1999, the government of Indonesia made institutional and functional adjustments to the organization of the general administration of intellectual property. Since then, the establishment of intellectual property management institutions has not undergone a major adjustment. At present, the administration of intellectual property rights under the law and human rights affairs of Indonesia, consists of administration of the secretariat, copyright, industrial designs, integrated circuit layout design and commercial secrets bureau, the Patent Office, the trademark office, cooperation and development, information technology and other departments, be responsible for the examination and approval and all related to intellectual property rights of administrative affairs.

In recent years, Indonesian intellectual property protection work has made rapid progress, especially in trademark registration. A spokesman for Indonesia's intellectual property office has released, starting in 2010, Indonesia's trademark filings rose more than 11% a year, from 2011 to 2012, its growth rate even reached 17.4%. Throughout the decade from 2003 to 2013, the total number of Indonesian trademark applications increased by about 200%, from 20,660 to 62,813. For now, Indonesia is already enjoying the biggest trademark jurisdiction in southeast Asia.

Another point it is worth noting that, according to the Indonesia before the administration of intellectual property rights for a long time, not Indonesia entity submit an application for trademark application only accounts for 5% to 11% of the total. In 2011, for example, only 2,543 of the 53,196 trademark applications accepted by the general administration of intellectual property in Indonesia were submitted by non-indonesian entities. Although this ratio is slightly higher than in previous years, it is still much lower than in other southeast Asian countries. The situation on the one hand and Indonesia local people attaches great importance to the brand value has inseparable relations, but also to a certain extent reflects the foreign economic entities for trademark registration in Indonesia may face greater resistance than in other countries.

The patent law of the republic of Indonesia stipulates that the patent protection period shall be 20 years and the term of protection of small patent shall be 10 years. The trademark law of the republic of Indonesia stipulates that the protection period of the trademark shall be 10 years and the protection period may be renewed. However, if the trademark is not used after registration for three years, the trademark shall be revoked; The appearance design law of the republic of Indonesia stipulates that the protection period of the appearance design is 10 years. As long as a certain product is raised without objection in the public period, the design patent can be obtained. The protection of the trade secrets act of the republic of Indonesia includes all the information that is obtained through proper means in an industry that is economically valuable and does not need to be disclosed to the outside world. It should be noted that there are two situations in the law that do not consider infringement: first, the use of other people's trade secrets is for the purpose of social defense, health and safety; Second, research and reproduce only the products made by others using commercial secrets.

As the world intellectual property organization and the world trade organization member, Indonesia treaty signed a series of international protection of intellectual property rights, including: the protection of industrial property in Paris convention, the patent cooperation treaty, the treaty of trademark law, the Berne convention and the WIPO copyright treaty, the WIPO performances and voice products treaty and the agreement on trade-related intellectual property rights. Meanwhile, Indonesia joined the Madrid trademark international registration system in 2015, which opened an important channel for non-indonesian entities to apply for trademark applications in Indonesia.

Indonesia has 255.5 million people, hundreds of ethnic groups, and more than 200 ethnic languages, of which the Javanese make up 45 percent of the population, the most populous nation. Dominated by Java culture, a variety of special soil, gave birth to the national culture and blend with each other in Indonesia's unique traditional culture connotation, its salient features are strong compatibility, emphasize the tribal people symbiotic harmony, mutual tolerance and fusion. Among Indonesia's indigenous peoples, disputes will not be resolved by law, and the parties will sit down together to discuss it, and if necessary, tribal leaders or elders will attend and serve as the central cube. This kind of non-litigation solution is spread, evolved and developed in various regions and ethnicities in Indonesia. For example, a peace judge was established in the minanga society, essentially a mediator. The bata people living in Sumatra have established a tribal court called runggun, which tends to settle disputes through discussion. In the long-term practice of production and living, the Indonesian people have become accustomed to non-litigation methods of dealing with private disputes and public affairs. In addition, Indonesian society attaches great importance to the cultural value of cooperative spirit, and resolving disputes through litigation is not accepted by most tribal people.

On the basis of traditional customs and the Dutch colonial rule, since the 1970s, Indonesia has begun to establish non-litigation dispute settlement procedures in the judicial system. In article 3 of the law on the basic provisions of the judicial powers, promulgated in 1970, "the resolution of the court to settle the dispute in a peaceful or arbitral manner is still permitted." On 12 August 1999, the Indonesian decree no. 30, the arbitration law and the non-dispute settlement procedure. The arbitration law and the non-lawsuit dispute resolution procedures including chapter 11, 82, will be commercial, banking, finance, capital investment, industrial and intellectual property rights disputes in the field of all included in the scope of arbitration. The law replaces the old arbitration system established by the colonists and becomes an important result of the legalization of the Indonesian arbitration system. At the same time, Indonesia has also established corresponding institutions to deal with matters related to arbitration. In 1977, under the auspices of the Indonesian chamber of commerce, the national arbitration commission of Indonesia was established, and until today, it has been the most active arbitration institution in Indonesia. In recent years, the application of the Indonesian arbitration procedure has become more and more extensive, extending from domestic disputes to international disputes. In a series of multilateral trade and investment treaties with many countries in Indonesia, arbitration is the preferred means of dispute resolution. From applying for recognition and enforcement level, international arbitration in Indonesia more people's recognition and support of the government, only about 1 in 2007 international arbitration award applicants admitted that 2013 has reached 15. However, the legal system also brings some problems of arbitration system, in the arbitration law and the non-lawsuit dispute resolution procedures, too much emphasis on the role of the state, lead to the advantages of the arbitration, flexible, independent hard to reflect, although legal safeguard the authority of the arbitration procedure justness, results, has led to the arbitration and litigation approach, in some cases to settle disputes by arbitration even more than litigation cost, money and material resources. Although the number of applications for arbitration in Indonesia has increased year by year, the total number of applications for arbitration and non-litigation disputes has increased year by year. According to the national arbitration commission of Indonesia, only 250 arbitration applications were accepted between 2007 and 2012.

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