Intellectual Property Rights are a form of right which are obtained by the process of thought in order to produce products, services, or processes which will be useful for the public. It is the right to economically enjoy the fruits of someone’s intellectual and creativity. In terms of benefits, Intellectual Property that has been registered will then give the creator or inventor the exclusive right to utilise their creation/invention in ways they see fit, of course those ways have to be within the borders of applicable laws.
Copyright is an exclusive right automatically given to the creator based on declarative principle after a creation has been realized without reducing restrictions in accordance to the provisions of laws and regulations. (Article 1 Number 1 of Law Number 28 of 2014 concerning Copyright)
Article 16 UUHC, regulates the transfer of Economic Rights. Explain that Copyright is an intangible movable asset that can be transferred, either in whole or in part because:
- Inheritance;
- Grant;
- Waqf;
- Will;
- Written agreement; or
- Other reasons that are justified in accordance with the provisions of the legislation.
The economic rights to a work remain in the hands of the creator or copyright holder as long as all economic rights are not transferred to the recipient of the transfer of rights. The transferred Economic Rights cannot be transferred a second time by the same author or copyright holder. Regarding moral rights, it does not move as long as the creator is still alive, but its implementation can be transferred through a will or other justified cause in accordance with statutory provisions. The transfer of copyright must be clearly written, with or without a notarial deed.
Creation which have or have not been announced, distributed, or communicated after the author passes away, becomes the property of the heirs or the property of the beneficiary. However, this provision does not apply if it is done against the law. (Article 19 UUHC).
For heirs, in exercising this special copyright, it must be carried out according to the applicable laws and regulations. This restriction on certain things is done so that the author, copyright holder, or other parties who have been given permission to publish or reproduce their creations do not use their rights arbitrarily. If there is no blood family and a living husband or wife, then all the inheritance becomes the property of the state, which is used to pay off the debts of the deceased person, as long as the price of the inheritance is sufficient for that. Even though there has been a transfer of copyright over all creations to other parties and there are people who intentionally and without the rights and approval of the author violate the moral rights of the Creator, this does not reduce the rights of the creator or his heirs to sue the infringing party.
The procedure carried out by heirs to obtain their rights as heirs is to make an inheritance deed as authentic evidence of ownership of rights accompanied by a death certificate and a certificate of inheritance. The heir as the owner of the copyright shall be obligated to register with the Directorate General of Intellectual Property, it must be accompanied by a document regarding the transfer of rights. Documents regarding the transfer of rights by way of inheritance are documents that prove the occurrence of the transfer of rights, namely an inheritance deed made or issued by a notary or official/institution authorized to make an inheritance deed. And any transfer of rights must also be registered with the Directorate General of Intellectual Property and announced in the official Copyright Newspaper.
Am Badar & Am Badar, as Intellectual Property consultants, have assisted our clients in Indonesia as well as abroad in protecting their Intellectual Property rights. Do not hesitate to contact us via marketing@ambadar.co.id if you have further questions regarding Intellectual Property. Our experienced consultants will be happy to assist.
Source:
Law Number 28 of 2014 concerning Copyright
