Monday 30 March 2009

Intellectual Property and Industrial Property

In the world of intellectual property, intellectual consolation is always preceded by commercial isolation, or in other words: intellectual consolation always follows commercial isolation. Therefore, intellectual consolation always ensures that commercial isolation stays on its track and will never go beyond its limits.

In the world of intellectual property, the most important historical time-line where intellectual consolation follows commercial isolation can be described as follows:
  • Year 1440: The Printing Press was created by Gutenberg.
  • Year 1557: Queen Mary I of the House of Tudor promulgated the Statute of Mary, pursuant to which the Stationer's Company had enjoyed monopoly to buy manuscripts from authors but once purchased, would have a perpetual monopoly on the printing of the work. Authors themselves were excluded from membership in the company and could not therefore legally self-publish, nor were they given royalties for books that sold well.
  • Year 1710: The first-ever copyright legislation in the world was promulgated by Queen Anne of the House of Stuart, repealing the Statute of Mary. The Statute of Anne vested authors rather than printers with the monopoly on the reproduction of their works. It created a 21 year term for all works already in print at the time of its enactment and a fourteen year term for all works published subsequently. It also required that printers provide nine copies to the Stationer's Company for distribution to the Royal Library, the libraries of Oxford, Cambridge, St. Andrews, Glasgow, Aberdeen, Edinburgh, Sion College and the Faculty of Advocates in Edinburgh. When Ireland united with Great Britain in 1801, the Trinity College and Kings' Inns in Dublin were added as two further depositories. Interestingly, the Statute of Anne's long title was: "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned".
  • The term "intellectual property" did not exist until 1767 in the Blackstone's commentary on the Books of Law. The only reason why it took 3 (three) centuries since 1440 for the term "intellectual property" and the idea of copyright to come into existence is that it took that long for literacy to spread and grow enough for printing books and selling them to become a good business proposition. The change was gradual, but it accelerated in 1700s with the quickening rise of commerce and the middle classes.
  • Year 1783: In his book titled "Ueber den Büchernachdruck", Christian Sigmund Krause, a German philosopher wrote (as translated into English):

    "No, no, it is too obvious that the concept of intellectual property is useless. My property is exclusively mine; I must be able to dispose of it and retrieve it unconditionally. Let someone explain to me how that is possible with ideas. Just let someone try taking back the ideas he has originated once they have been communicated so that they are, as before, nowhere to be found. All the money in the world could not make that possible."

  • Year 1883: The Paris Convention on Industrial Property (Patent, Trademark, Industrial Design, Trade Secret), which supports commercial isolation, was signed.
  • Year 1886: The Berne Convention for the Protection of Works in Literary, Artistic and Scientific Domain, which supports intellectual consolation, was signed.

Sunday 29 March 2009

IDLO IP Impact Programme in Indonesia: The Fourth Training Workshop


Organized for two (2) consecutive days in November 2008 in Jakarta at Grand Kemang Hotel, the fourth training workshop on intellectual property within the context of IDLO Intellectual Property Impact Programme was attended by 15 jurists, most of them were private sector lawyers. There were several members of the academia as well as public sector lawyers and lawyers from NGOs

The training workshop had the main topic: "IP Licensing, IP Audit and Legal Arguments in IP Disputes - How to Win IP Cases" and saw the contribution of the following experts:
  • IDLO Intellectual Property Resource Person for Indonesia: IP Licensing and IP Audit;
  • IDLO Director of Anglophone Department and Intellectual Property Specialist: Legal Arguments in IP Disputes - How to Win IP Cases.
The award of the certificates of participation took place at a dinner organized after the training workshop.


IDLO IP Impact Programme in Indonesia: The Third Training Workshop


Organized for three (3) consecutive days in June 2007 in Jakarta at the Training Centre of the Ministry of Foreign Affairs, the third training workshop on intellectual property within the context of IDLO Intellectual Property Impact Programme was attended by 20 jurists, most of them were private sector lawyers. There were several members of the academia as well as public sector lawyers, such as judges, public prosecutors, police officers and customs officials.

The training workshop had the main topic: "Enforcement of Intellectual Property Rights: The National Application of Articles 41-61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights" and saw the contribution of the following experts:
  • IDLO Intellectual Property Resource Person for Indonesia: International Intellectual Property Law and Civil Procedures;
  • Official from the Attorney-General Office: Criminal Procedures
  • Official from the Customs Office: Border Measures

IDLO IP Impact Programme in Indonesia: The Second Training Workshop

Organized for 3 (three) consecutive days in September 2006 in Jakarta at the Erasmus Huis - Dutch Cultural Centre, the second training workshop on intellectual property within the context of IDLO Intellectual Property Impact Programme was attended by 23 jurists, most of them were private sector lawyers. There were several members of the academia as well as judges.

The training workshop had the main topic: "The Role of the Judiciary, Arbitration and Mediation in the Settlement of IP Disputes" and saw the contribution of the following experts:
  • IDLO Intellectual Property Resource Person for Indonesia: International Intellectual Property Law;
  • Mrs. Erna Letty Kusoy (Hadiputranto, Hadinoto & Partners - Baker & McKenzie): Cancellation Action and Infringement Action
  • Mrs. Elijana Tansah SH (Former Judge of the High Court of Jakarta, Ad-Hoc Judge of the Commercial Court, Expert Staff of the Minister of Law and Human Rights): The Role of the Commercial Court in IP Disputes
  • Mrs. Karen Mills (KarimSyah Law Firm): The Role of Arbitration in IP Disputes and Domain Name Arbitration
[No picture was taken]

IDLO IP Impact Programme in Indonesia: The First Training Workshop

Organized for five (5) consecutive days in January 2006 in Jakarta at the World Trade Centre, the first training workshop on intellectual property within the context of IDLO Intellectual Property Impact Programme was attended by 25 jurists, most of them were private sector lawyers. There were several members of the academia as well as public sector lawyers.

The training workshop had the main topic: "Intellectual Property Law in Practice: How to Protect and Enforce IP Rights" and saw the contribution of the following experts:
  • IDLO Intellectual Property Resource Person for Indonesia: International Intellectual Property Law;
  • IDLO Head of Anglophone Department and Intellectual Property Specialist: Industrial Design;
  • Dr. Cita Citrawinda Noerhadi: Patent and Trade Secret
  • Mr. Henry Soelistyo Boedi SH LL.M: Copyright
  • Mr. Gunawan Suryomurcito SH: Trademark

Articles on Intellectual Property

Impressed and inspired by world-class masterpieces in the areas of intellectual property, the Statute of Anne of 1710 and Christian Sigmund Krause's Philosophical Concept of Intellectual Property, the IDLO Intellectual Property Resource Person for Indonesia has written his articles on intellectual property. The first one, published in the Bulletin of the Indonesian Capital Markets Legal Consultants Association/Himpunan Konsultan Hukum Pasar Modal Indonesia, was written in the Indonesian language and titled: Sekuritisasi Hak Cipta, Suatu Gagasan untuk Pembangunan (English: Copyright Securitization, an Idea for Development).

Click here to read the entire article.

Click here to read the IDLO Intellectual Property Resource Person for Indonesia's thought of the Statute of Anne, 1710 and Christian Sigmund Krause's Philosophical Concept of Intellectual Property (in Indonesian).


Saturday 28 March 2009

IDLO Intellectual Property Impact Programme in Indonesia


About the International Development Law Organization

Founded in 1983, the International Development Law Organization, IDLO, is an international intergovernmental organization dedicated to promoting the rule of law and good governance in developing countries, countries in economic transition and in those emerging from armed conflict. The organization provides training opportunities for legal professionals in developing countries, and technical assistance in support of legal and judicial reform. It seeks to establish sustainable impact in all of its work and provides resources, tools and skills; not solutions. Improved laws and regulations and their more systematic application, improved legal skills and strengthened institutions of justice are the legacy of IDLO's work.


About the Indonesian Alumni Association of IDLO

The Indonesian Alumni Association of IDLO ("IAA-IDLO"), whose members received institution-building technical support, training for trainers and other forms of documentary and mentoring support as well as financial assistance from IDLO to help them develop the alumni association into a self-sustaining organization that can provide continuing legal education, research and publication at the country level, was founded in 2002.

Under the auspices of this alumni association, the IDLO Intellectual Property Resource Person for Indonesia regularly conducts training programs on intellectual property for lawyers, judges, and civil society organizations and often collaborate with IDLO in organizing the activities. By contributing legal resources, advice and assistance to other NGOs and the local legal community, these institutions are helping to build an enabling legal environment for investment, trade and citizen participation.

About IDLO Intellectual Property Impact Programme in Indonesia

In November 2004, a training workshop on intellectual property law was organized in Jakarta by IDLO in collaboration with IAA-IDLO. The training workshop, of which topic was "Intellectual Property Law in Practice: How to Protect and Enforce IP Rights", constitutes the first phase of the IDLO Intellectual Property Impact Programme in Indonesia. There were about 30 (thirty) participants attending the training workshop. One of the participants, Broerie Wahjudi, was selected and recruited to become the IDLO Intellectual Property Resource Person for Indonesia. In 2005, a tripartite agreement was signed by IDLO, IAA-IDLO and the IDLO Intellectual Property Resource Person for Indonesia, hence the mandate borne by the IDLO Intellectual Property Resource Person for Indonesia is of ad personam nature.

Under the tripartite agreement, the duties, obligations and responsibilties of the IDLO Intellectual Property Resource Person for Indonesia are as follows:
  • organising six (6) training workshops on intellectual property locally under the auspices of IAA-IDLO;
  • writing three (3) articles on intellectual property law to be published in IDLO publications: Development Law Updates and Voices of Development Jurists; and
  • prior to doing so, conducting a one-month research on intellectual property law from international perspectives and a one-month orientation at IDLO's headquarters in Rome, Italy.
Concurrent with his participation in the Development Lawyers Course (DLC-22E) organized by IDLO in Rome, Italy, from early April to June 2005, the IDLO Intellectual Property Resource Person for Indonesia conducted the one-month research and orientation under the close supervision of Mr. Giulio C. Zanetti, IDLO Head of Anglophone Department and Intellectual Property Specialist. This is the second phase of the IDLO Intellectual Property Impact Programme in Indonesia.

Having returned to Indonesia, the IDLO Intellectual Property Resource Person for Indonesia continued conducting his own independent researches on intellectual property law with close consultation with IDLO Head of Anglophone Department and Intellectual Property Specialist, prior to performing his duties, obligations and responsibilities.

In November 2006, to complement his duties as IDLO Intellectual Property Resource Person for Indonesia, he participated in the one-month Public International Trade Law Course and the World Trade Organization (PITLC-13E) organized by IDLO Asia-Pacific Regional Centre in Sydney, in which course modules on the Agreement on Trade-Related Aspects of Intellectual Property were inserted. In this Course he also acted as Course Assistant for Mr. Miles Young, then IDLO Acting Director of the Asia-Pacific Regional Centre and Programme Legal Counsel.