PERANAN HAK KEKAYAAN INTELEKTUAL TERHADAP DESAIN TATA LETAK DAN SIRKUIT TERPADU

Abstract

The role of Intellectual Property Rights (IPR) in Integrated Circuit Layout Design is the granting of exclusive rights (Integrated Circuit Layout Design Rights) granted by the Republic of Indonesia to the designer for his creation. This research uses normative legal research methods by applying a statutory approach. Intellectual Property Rights currently regulated by positive law in Indonesia is the protection of integrated circuit layout design (DTLST) which has been specifically regulated and written in law number 32 of 2000 concerning integrated circuit layout design. However, disputes regarding intellectual property rights (IPR) in Indonesia are still very frequent despite the existence of positive laws governing such matters. Legal protection for DTLST right holders is granted for 10 years from the date of acceptance by the Directorate General of IP and the right cannot be extended. The crime of DTLST is included in the complaint offense, but this can be resolved by filing a lawsuit to the commercial court as referred to in Article 38, besides that the parties can also resolve this dispute through arbitration or alternative dispute resolution.