HOW DO CREATORS, COPYRIGHTS HOLDERS, OR RELATED RIGHTS OWNERS OBTAIN ECONOMIC RIGHTS FORM THE USE OF THEIR CREATED SONGS?
Copyright is the exclusive right of the creator that arises automatically once the work is materialized in a tangible form and published. One of the creations protected by copyright is songs and/or music. The exclusive rights of the creator consist of two types: moral rights and economic rights. Moral rights include the right to have...
Read MoreRECIPE FORMULA: PATEN OR TRADE SECRET
To determine whether a Recipe Formula is protected by a Patent or a Trade Secret, first understand the definitions and provisions of Patents and Trade Secrets. PATENT A patent is an exclusive right granted by the State to an inventor for their invention in the field of technology for a certain period of time, allowing...
Read MoreCAN A SECOND RECONSIDERATION BE REQUESTED AGAINST THE DECISION OF A CIVIL CASE? WHAT ARE THE PROVISIONS?
Reconsideration is one of the extraordinary legal remedies submitted to the Supreme Court to review and annul a final and binding court decision. A reconsideration petition does not prevent the execution of a final and binding decision. Essentially, Article 24 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power and Article 66 paragraph...
Read MoreYOUR TRADEMARK IS IMITATED BY OTHERS, WHAT REMEDIES CAN BE PURSUED?
The definition of a trademark is stipulated in Article 1 paragraph 1 of Law Number 20 of 2016 concerning Trademarks (“Trademark Law”) which states that a Trademark is a sign that can be presented graphically in the form of an image, logo, name, word, letter, number, color arrangement, in 2 (two) or 3 (three) dimensions,...
Read MoreBE CAREFUL WHEN GIVING TESTIMONY IN COURT, PROVIDING FALSE TESTIMONY CAN SUBJECT YOU TO THE INDONESIAN PENAL CODE!
False testimony in court is given under oath according to one’s religion, in which the testimony is given truthfully and nothing but the truth as one of the pieces of evidence used by the judge to examine and adjudicate a case. If a witness gives false testimony in court, they may be subject to criminal...
Read MoreThings Debtors Should Know When the Bank Conducts Foreclosure (AYDA)
Based on Article 1 number 15 of Bank Indonesia Regulation Number 14/15/PBI/2012 concerning Asset Quality Assessment for Commercial Banks, Foreclosure (“AYDA”) is defined as assets acquired by the Bank, either through auction or outside of auction based on voluntary surrender by the owner of the collateral or based on the authority to sell outside of...
Read MoreIF THERE’S A FAKE SOCIAL MEDIA ACCOUNT USING YOUR IDENTITY, WHAT ARE THE LEGAL IMPLICATIONS?
The creation of a fake social media account using another person’s identity, without their knowledge or consent, can be legally problematic. This falls within the purview of electronic information, as defined in Article 1, Paragraph 1 of Law Number 11 of 2008 concerning Electronic Information and Transactions, as last amended by Law Number 1 of...
Read MoreWhen a Company Declared Bankrupt? Here’s the Process and Its Impact!
Based on Article 1 number 1 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (“UU K-PKPU”), bankruptcy is a general seizure of all the assets of a bankrupt debtor whose administration and settlement are conducted by a curator under the supervision of a supervisory judge. To file for bankruptcy,...
Read MorePROVISIONS FOR THE REPLACEMENT OF BOARD MEMBERS IN A CLOSED LIMITED LIABILITY COMPANY (PT)
The definition of the Board of Directors is stated in Article 1 number 5 of Law No. 40 of 2007 concerning Limited Liability Companies (“Company Law”), which essentially states that the Board of Directors is the corporate organ authorized and fully responsible for managing the Company for the benefit of the Company, in accordance...
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