Some
time ago, the virtual universe was made gonjang ganjing related to IPR. The story of a public figure who ‘gercep’
registered a community brand, called ‘Citayam Fashion Week,’ with the Directorate General of Intellectual Property (DJKI) of the
Ministry of Law and Human Rights (Kemenkumham) for class 41 online. At
the same time, the brand ‘Catayam Fashion Week’ was also submitted by other parties on the same date, July 21, 2022. How the hell is the flow of how to register IPR online?
Although
in the end the two parties revoke the pros of the brand because of the
many pros and cons among the public, there are other things that can be
learned from this case. I’m not going to talk about the content that
went viral. I will invite Menong’s friends to get acquainted with the IPR.
And of course there are also many questions that Menong's friends may want to know, such as:
Is that class 41?
Should a brand name not be registered by two or more names?
How to register IPRI online?
How to register IPRI online?
What is IPR?
Intellectual
Property Rights, or IPR, may often be friends of Menong.
The term IPR usually appears when there is a feud between two
parties exposed in the media. Cases that Menong's friends
remember include the dispute over the 'Geprek Bensu' brand between
celebrity Ruben Onsu and culinary entrepreneur Benny Sujono.
The case ended with the court deciding PT Ayam Geprek Benny Sujono as the rightful owner and first user of the brand “I am Geprek Bensu Sedep Beneeerrr” or “I Am Geprek Bensu” as a brand registered in the Directorate General of Intellectual Property Rights with IDM000643531 for class 43, 24 May 2019. The name Bensu is actually an abbreviation of the name of the owner, Benny Sujono.
IPR aims to provide protection against a person’s intellectual abilities. What intellectual abilities are protected?
Technology, knowledge, art and literature.
In the event, IPR aims to protect a person’s intellectual ability from legal and economic harm abuse.
In
the case of the brand ‘Geprek Bensu’, the creator and legal owner of
the brand ‘Geprek Bensu’, Benny Sujono will be economically
disadvantaged when the ‘Geprek Bensu’ brand is used by others when Benny
Sujono has developed the business for many years to become a successful
business.
This is also what is feared by many people when the brand ‘Citayam Fashion Week’ is registered by certain parties. Of course, the legitimate owner who has registered the brand ‘Citayam Fashion Week’
will have legal and economic protection so that other parties or the
public will not be free to use the brand either in the form of
activities or others.
IPR
is often synonymous with the protection of a product, either a service
or goods, in order to avoid violations of other IPR products. Menong
friends must often see a lot of pirated or illegal goods circulating in
the market with sales figures that sometimes exceed the original goods.
This certainly brings losses to manufacturers or brand owners,
especially financially. IPR also provides motivation to manufacturers to
provide the best quality products for consumers.
IPR is divided into copyright and industrial property rights.
Copyright
Copyright
consists of books, lectures and other oral works, props,
performance works, choreography, fine art, batik art, cinematography,
photography, translation, and architectural works. Copyright is valid as
long as the creator of a work is still alive and is added 50 years
after the creator dies.
The
easiest example is that the work of a song is embedded in the songwriter as
the rightful copyright owner. Have you ever enjoyed a song cover on
YouTube? Or do Menong’s friends have a favorite song that many people
cover? Have Menong’s friends ever thought about whether the copyright of
the song covered was accepted by the song creator as its rightful owner?
Under
Article 9 of the Copyright Law, the cover of the song includes
adaptation, arrangement, or transformation of works that get economic
benefits, such as being more in demand and famous when compared to the original
version included in copyright infringement.
Well,
for Menong friends who intend to cover a song and correlate it (YouTube
channel monetization), they must have a license from the creator of the song,
yes.
Industrial Property Rights
The
second IPR is the Industrial Property Rights, which consist of patents,
brands, industrial designs, integrated circuit layout design, trade secrets, and geographical indications. The most commonly filed IPR is a brand request.
This type of IPR is usually proposed by the public, industry, or business, micro, small, and medium.
Examples
of brands that have been registered as IPR are Samsung, Soul Promise,
Chicken Geprek Prince, and others. Before starting to apply how to
register IPR, you must first check whether the brand we will submit is
already registered or not at pdki-indonesia.dgip.go.id
The same name for the same class cannot be submitted, so Menong’s friends should look for another name or class.
How to Register Online
- First, Menong’s friends must have an account at the brand.dgip.go.id. Click the list and fill in the data correctly.
- Log in when the account has been verified and can be used
- Click Online Application
Then, click 'TambahAdd.'
- Since we do not have a billing, click 'A No.'
- After filling out the 'Spee Type' and 'Speeness Type', we must also fill in the 'Class Options'. Actually, Menong’s friends can choose directly the class to be chosen. However, I was still confused about which class Haznanda was.
- The easy way is to check through the Brand Classification System.
- Menong friends can check one-on-one, which class suits the brand to be submitted. Each class has a special classification, such as class 1 (chemical products) or class 44 (body care services)
- After having instructions on which class to choose, let’s continue to the 'Online Application’ that was done.
- Find and select Class
- When 'Spee Type', 'A Request Type', and 'Class Select' have been filled. Click ' Message Billing Code'
- Friends will automatically go to the SIMPAKI page
- Fill in the data completely and make sure it is in accordance with the data to be submitted. At the end will appear how much the cost will be paid.
- Press'Process''
- Next we will get a ‘Payment Warrant’ which contains how much nominal we have to pay and when the last time of payment is. Menong friends can come directly to BNI and convey to the Teller section that they will pay the bill for the brand application. There are 24 hours to make payments.
- After making the payment, Menong's friend can return to the homepage to conduct a post-apply dilution, including completing supporting data and documents. Prepare also the logo, the slogan that will be included in the submission of the brand application. For example: Haznanda, the family's favorite muffin.
- If you are going to make a change because of our mistakes, such as the wrong name or address of the applicant, Menong's friend can file a change. And of course we have to pay for the submission of changes. In my experience, the cost is Rp. 200,000, so make sure the data we input is correct!
Menong friends can check on the page dgip whether the proposed brand has been registered or not. This is an example of a'muffin’ brand that has been listed in DGIP.
The
'Haznanda' brand I have registered and entered class 32 (muffin). Is it
permissible for Menong's friends to register the 'Haznanda' brand for
other classes?
The
answer is permissible, for example, Haznanda for class 43 (offee shop),
35 (food and beverage counters), 36 (charity services, etc.), or others.
If you still feel confused, Menong's friends can directly ask via chat to the officer on the official page dgip or phone directly to 152. Don’t forget to always remember the billing code and application number.
As
with choosing a name, title, tagline, logo, and favicon for a blog,
naming a brand must be based on deep thinking, including the philosophy
in it, even when starting to pioneer a business, community, or whatever.
Btw,
in real life, the brand I signed for is a brand name for the community
(class 36). Costs incurred by Rp. 1.8 million plus 200 rb for an extra
charge because I miswrote the name of the applicant.
How
to Register IPR Online involves many official pages of the Directorate
General of Intellectual Property (DJKI) of the Ministry of Law and Human
Rights (Kemenkumham). But do not hesitate to register any brand that we
have.
Reference How to Register IPR Online from various sources
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