Intellectual understanding

Understanding Intellectual Property Rights

In general, the Intellectual Property Rights can be divided into two categories, namely: Copyright and Industrial Property Rights

Based on Law Number 19 Year 2002 About Rights

Notices:

Copyrights are exclusive rights for the creator or assignee to announce or its creation or

give permission for it by not reducing the restrictions- restrictions according to statutory regulations which valid. (Article 1 paragraph 1)

While the Industrial Property Rights include:

1. Patent

2. Brand

3. Industrial Design

4. Layout Design of Integrated Circuits

5. Trade Secrets

6. Plant Variety

Based on Law Number 14 Year 2001 About Patents:

Patents are exclusive rights granted by the State to Inventor of the invention in the field of technology, which for long certain time conducting his own invention or give consent to another party to implement it (Article 1 Paragraph 1).

Based on Law Number 15 Year 2001 About Brand:

Brand is the mark in the form of images, names, words, letters, numbers, the composition of color, or combination of elements those who have distinguishing features and used in activities trade in goods or services. (Article 1 Paragraph 1)

Based on Law Number 31 Year 2000 About Design

Industries:

Industrial Design is a creation on the shape, configuration, or composition of lines or colors, or lines and colors, or

combination thereof in the form of three-dimensional or two-dimensional which gives aesthetic impression and can be realized in three patterns dimensional or two-dimensional and can be used to generate a product, goods, industrial commodities, or handicrafts. (Article 1 Paragraph 1)

Based on Law Number 32 Year 2000 About Design Integrated Circuit Layout:

Integrated Circuit is a product in the form of finished or intermediate in which there are various elements and at least one of these elements are active elements, which partly or entirely interconnected and formed integrated in a semiconductor material that is intended to produce electronic functions. (Article 1 Paragraph 1)

Layout Design is the creation of three groundbreaking design dimensions of various elements, at least one of the elements is an active element, and some or all of the interconnection within an Integrated Circuit and the positions of these three dimensions intended for the preparation of an Integrated Circuit. (Article 1 Paragraph 2)

According to Law Number 30 Year 2000 About the Secret Trade:

Trade Secret is information not known by the public in technology and / or business, have economic value because

useful in business activities, and kept confidential by Trade Secret owner.

Software Intellectual Property Rights Preliminary

Before discussing the technical aspects in depth, we should first establish an understanding of non-technical aspects of an operating system that is Intellectual Property Rights Tools Software (IPR PL) The discussion starts with explaining the concept IPR in general, and more in IPR PL. Specifically will discuss the concept of Free Software / Open Source - PLB / ST (Free / Open Source Software - F / OSS). This discussion is not intended as such ideology indoctrination! Precisely which expected:

1. Streamlining the mistaken perception of PLB and ST, as well as an explanation

2. differences and similarities from the two concepts.

3. What should and what should not be made with the PLB / ST.

4. Streamlining the perception that the authors of computer programs are not entitled to be paid decent.

5. Streamlining the perception that PLB should not be sold / commercialized.

6. Streamlining the perception that the PLB shall be disseminated.

7. Streamlining the perception that when the distribution is not required to include source code.

After listening to this paper, expected to be more understanding and better appreciate the meaning of PLB / ST in particular, as well as IP / PL is general.

''''Intellectual Property Rights (IPR) is a translation of the term''''Intellectual Property Right (IPR). These terms consist of three key words are:''Right'',''Intellectual Property''and''''. Wealth is an abstraction that can be: held, transferred, purchased, or sale. While the''Intellectual Property''is a wealth of all thought the power of intelligence products such as technology, knowledge, art, literature, composition of songs, writings, cartoons, and onwards. Finally, the IPR represents the rights of (Authority / power) to do something on Wealth Intellectual, which is regulated by norms or laws applicable law.

`` Right''itself can be divided into two. First, `` Basic Rights (Human)'', which is an absolute right which can not be bothered- sue. For instance: the right to life, the right to get justice, and so forth. Second, the `` Mandate Rights / Rule''is his right as given by the public through regulation and legislation. In various countries, including the American and Indonesian, IPR is Rights''Mandate / Settings'', so that the society that determine, how much intellectual property rights granted to individuals and group. In accordance with essentially all, Intellectual grouped as private property rights are intangible in nature (Intangible). Seen that the IPR is Granting of Rights General (Public) guaranteed by the Constitution. IPR is not is a human right, so the criteria for granting intellectual property rights is things can be debated by the public. What is the criteria for providing IPR? How long will acquire rights to intellectual property rights holders exclusive? Is IPR may be revoked in the public interest? What about the IPR on drug formulas for patients HIV / AIDS?

IPR legislation regarding the first time in Venice, Italy comes to patents in the year 1470. Caxton, Galileo, and Guttenberg listed as inventors who appear in this period and has monopoly rights over inventions them. About patent laws were then adopted by the British monarch in the Tudor era of the 1500s and later The first patent law was born in England about the Statute of Monopolies (1623). New United States has laws patent in 1791. Efforts to harmonize the first time in the field of Intellectual Property Rights occurred in 1883 with the birth of the Paris convention for the problems patents, trademarks and designs. Then the 1886 Berne Convention for problems Copyright.

Free Software

Smoking on the word of free software is that the exact user is free to run a program, change the program, and redistribute the program with or without change it. Since free software is not a matter of price, low price is not more free, or closer to free. So if you redistribute a copy of free software, you can just pull costs and get money. Redistributing free software is a good and legitimate activity; if you do this, please also take advantage. Free software is software that allows anyone one to use, copy, and distribute, either modified or not, free of charge or for a fee. Need emphasized, that the source code of the program should be available. If there is no source, it's not software. Tools Free software refers to the users' freedom to run, copy, distribute, study, change and improve the software. More precisely, refers to four kinds of freedom for the users at Software:

1. Freedom 0. The freedom to run the program for any purpose.

2. Freedom 1. The freedom to study how the program works and can be tailored to your needs. Access to the source code is a precondition.

3. Freedom 2. The freedom to redistribute copies so that software can help your neighbor.

4. Freedom 3. The freedom to improve program performance, and can spread to the general public so that all enjoy the benefits.Access to the source code is a precondition for this.

A program is free software, if any users have all of those freedoms. Thus, you should be free to redistribute copies,

with or without modification (changes), either gratis or charging a fee for distribution, to anyone else where too. Freedom to do all the above means you do not have to ask or pay for the license.

Free software does not mean `` no''commercial. Program Smoking should be used for commercial purposes. The development of free software was not commercially is a strange thing, and software is free commercial.

Software License

In Indonesia, the Intellectual Property Rights included in the category PL Copyright (Copyright). Some countries allow patents device software. In software industry, very large public companies has a patent portfolio, which amounts to hundreds, even thousands.

Most of these companies have agreements with cross- licensing, which means''I let you use my patent I may use the patents as long as you are''. As a result of law patents in the software industry is very detrimental to the company-

small firms tend not to have a patent. But there also smaller companies who abuse this. Many parties do not agree on software patents because costly software industry. A patent valid in a country. If a company wants to patent valid in

another country, the company must register its patent in the other country. Unlike copyrights, patents must be

registered first before prevailing.

Proprietary Software (Propriety)

Proprietary software (propriety) is software that

not free or even semi-free. A person can be prohibited, or must ask for permission, or be subject to other restrictions if

use, distribute, or modify them.

Commercial Software

Commercial software is software developed by businesses for profit from its use. `` Commercial''and `` ownership''are two things Different! Most commercial software is proprietary, but there are commercial free software, and there software is not free and not commercial. Instead, this term not used.

Semi-Free Software

Semibebas software is software that is not free, and but allow each person to use, copy, distribute, and modify (including distribution of version which has been modified) for a particular purpose (Suppose a non-profit). PGP is one example of a program semibebas. Semi-Free Software far better than proprietary software, but there are still problems, and one can not use it on free operating system.

Public Domain

Public domain software is software that, without rights copyright. This is a special case of non-free software copyleft, which means that multiple copies or versions that have been modification may not be free at all. Sometimes there are

use the term `` free''public domain, meaning `` Give away''or `` is available free of charge ". Yet''`` public domainis a legal term which means `` not copyrighted''. For the sake of clarity, we recommend to use the term `` Public domain,''in the sense of it, and use another term to interpret the terms of the other. A masterpiece is a public domain if the owner of the copyright so demands. Furthermore, copyright has a time expiry. For example, most of them are classic lagulagu public domain, because it has passed the expiration period of rights copyright.

Freeware

The term `` freeware''is not clearly defined but usually used for packages which permit redistribution but not modification (and the code is not available). Pack- This package is not free software.

Shareware

Shareware is software that allows people to redistribute copies, but those who continue to use it are asked to pay a license fee. In

practice, people often disregard the distribution and do this anyway, but actually agreement does not allow it.

GNU General Public License

(GNU / GPL) GNU / GPL is a set of distribution terms specific to the copyleft a program. GNU Project use it as a distribution agreement for most GNU software. An example is the common GPL license used in Open Source software. GPL gives rights to others to use an invention as long as modification or derivation of the creation of these products have a license the same. The opposite of copyright is public domain. Creation in the public domain can be used sekehendaknya by other parties.

Open Source

PL, even though their role is important, public understanding on Intellectual Property Rights Software (IPR PL) still relatively minimal. This Kebinggungan increases with increasing the use of Free Software (PLB) - Free Software - and Open Source Software (PLST) - Open Source Software (OSS). PLB is often disalahkaprahkan as PLST, even though their actually there is some fundamental difference between both approaches. Basically, the more priority to PLB fundamental freedoms, while more major PLST practical utilization of the OT itself.

The concept of Open Code Software (Open Source Software) on the point is open source code (source code) of a software. This concept seemed strange at first because is the source code of a software key. With logic known to exist in the source code, anyone else should can create the same software functions. Open source nothing more. That is, not be free. We could make software that is open-source its code, patented algorithmic, medaftarkan copyright, and continue to sell devices The commercial software (aka not free). open definition yangasli source, as stated in the OSD (Open Source Definition)

namely:

1. Free Redistribution

2. Source Code

3. Derived Works

4. Integrity of the Authors Source Code

5. No Discrimination Against Persons or Groups

6. No Discrimination Against Fields of Endeavor

7. Distribution of License

8. Not License Must Be Specific to a Product

9. License Must Not Contaminate Other Software

Some forms of business models that can be done with Open

Source:

1. Support / sellers, the revenue earned from the sale of media distribution, branding, training, consulting services, custom development, and support after the sale.

2. Loss leader, a free Open Source product used to replace commercial software. Widget Frosting, companies basically sell the hardware that uses open source programs to run hardware such as a driver or other.

3. Accecorizing, the company distributes books, hardware, or other physical items associated with Open Source products, eg the O Reilly book publishing.

4th. Service Enabler, Open Source software created and distributed to support the direction of sales of other services that generate money.

5. Brand Licensing, a company's earning with the use of trade name.

6. Sell it, Free it, a company started its production cycle as a commercial product and then turn it into an open source product.

7. Franchising software, this is a combination of brand licensing model and support / seller.

hopefully useful

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