LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS: WHAT IS URGENCY FOR THE BUSINESS WORLD?

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INTRODUCTION
Intellectual Property Rights (IPR) means the creations of the human mind which consists of inventions, literary and artistic works, also symbols, names, and images used in commerce. 1 IP rights stimulate creativity and innovation which boost competitiveness. However IP has a system which enables people to earn financial benefit or as simple as recognition for their creations or invention. 2 This system gives out protection towards creators and these rights are written in Article 27 of the Universal Declaration of Human Rights. 3 Article 27 mentions the protection of moral and material interests generated from authorship from artistic creations, literary and scientific inventions as well as the right to benefit from them. 1  . Intellectual Property Regimes to Protect Computer Software: Indonesia and the United States. LEGAL BRIEF,10 (1) The conception of IPR is based on the idea of intellectual works produced by humans that require the sacrifice of energy, time, and cost in their creation. 4 The existence of these sacrifices makes the work produced has economic value because of the benefits it enjoys. 5 This concept encourages the need for appreciation of the work in the form of legal protection for IPR. Substantively from here emerges the notion of intellectual property rights as wealth that arises or is born due to human intellectual abilities.
Intellectual Property Rights are categorized as property rights which ultimately produce intellectual works in the form of knowledge, art, literature, and technology. 6 Strategically IPR is part of economic law. Therefore, IPR is one of the agendas of the liberalization of free trade as stated in the Agreement Establishing the World Trade Organization (WTO). This agenda is an agreement reached from the meeting in Morocco (Marrakesh Agreement) which was held on April 15, 1994. One of the discussions was related to Trade-Related Aspects of Intellectual Property Rights (TRIPs). In this regard, it is worth asking why developing countries such as Indonesia agree to be bound by TRIP's in the WTO trade rules system. The next question is how TRIP's can provide a positive contribution and opportunity to enhance economic and social development.
Basically, there is a continuity between the standards contained in TRIPs and the previous IPR systems that were formed over a certain period of time through domestic processes. 7 There is a continuing domestic drive for the development and implementation of IPR protection systems. Viewed from a policy perspective, IPR is not recognized and protected solely for the sake of IPR itself, or simply as an imprecise response to an international obligation. Rather, it is an integral element of the legal and trade infrastructure needed to promote more profitable investment and trade.
IPR is the result of thoughts in the form of ideas or ideas that are realized or expressed in the form of inventions, works of literary and artistic science, designs, certain symbols/ signs, creations of layouts for semi-conductor components as well as varieties resulting from breeding. This expression will become a legal product and become an IPR if it is processed through the applicable procedures and provisions, so that it can be said that IPR is a legal product in the form of rights arising from the resulting intellectual property. The results of these ideas are then used in the world of trade so as to produce economic value for the inventor / creator of the creation. 8

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In its journey to become a product of intellectual property rights, it requires applicable stages and procedures which are in accordance with laws and government regulations. 9 It is these procedures and stages that are usually considered difficult and complex by IP producers, so that there are still many IP results that have not been submitted for IPR.
The impact of this condition is that the economic benefits of IP that have been used by the public have not been felt optimally by IP producers.
Intellectual Property (KI) is part of property law. IP related to their rights are grouped as individual property rights which are intangible. IPR are very abstract compared to movable property rights in general, such as ownership rights to land, vehicles, and other tangible and tangible properties. According to Bainbridge (1999), intellectual property rights are rights to property originating from human intellectual work, namely rights derived from creative results, namely the ability of human thought expressed in various forms of work, which are useful and useful to support life. 10 Saidin (2004) argues that IPR is material rights, the right to an object that comes from the work of the brain, the result of ratio work, namely the work of a reasoning ratio, and the result of that work in the form of immaterial objects. 11 Regarding the ability to work that comes from human intellect, Saidin argues that not everyone can and is able to employ his brain (reason, ratio, intellectual) to the fullest. Therefore, not everyone can produce "Intellectual Property Rights". Only people who are able to work their brains can produce material rights known as "Intellectual Property Rights." That's why the work of the brain that produces intellectual property rights is exclusive and gets legal protection. 12 This study uses a legal policy approach, which is an approach that is carried out by observing laws and regulations relating to the policy issues under study. The procedure for processing materials through library research using a card system is to make an inventory of statutory regulations, text books, journals, and seminar papers to obtain material in accordance with the formulation of the problem to be discussed. Then arranged systematically based on the subject matter in the study and identified for use as material for analysis. The operationalization of the method begins with affirming legal policies, taking inventory of policies, identifying and classifying policy problems or potential problems with the achievement of national development goals. Then proceed with policy analysis, and the next step is to produce recommendations or follow-up designs as solutions to problems.

Dynamics and Implementation of IPR Legal Protection in Indonesia
Legal protection in the context of IPR is separate between Intellectual Property itself and the material results that become the physical incarnation of these rights. 13 Intellectual property rights are intangible property rights, namely the right to the ability to use their brains creatively, meaningfully and reasoning so as to produce intellectual works. Within the framework of IPR, what gets legal protection (exclusive rights) is the right, while the incarnation of the right is in the form of physical objects or tangible objects (material objects). 14 For example, the Copyright of a book that is incarnated or material from the Copyright of a book is manifested in the form of book copies, in this case physically the book gets legal protection of objects in the category of material objects (objects in form). 15 In the concept of legal science, intellectual property rights are considered to exist and receive legal protection if the ideas and intellectual abilities of humans have been realized and expressed in a form of work or result that can be seen, heard, read or used practically. 16 The real manifestation of human intellectual ability can be seen in the form of technological inventions, science, artistic and literary creations, and design works. 17  argues that IPR is included in the law of intangible assets, which consists of 2 (two) major parts, namely: 18 a. Industrial property rights are related to inventions, or innovations related to industrial activities which include patents, brands, industrial designs, trade secrets (trade secrets or know-how), and layout designs of integrated circuits (lay out design of integrated circuits), and; b. Copyrights or copyrights that provide protection for works of art, literature, and science, for example: films, paintings, novels, computer programs, dances and so on. Saidin (2004) argues that IPR is a material right, "the right to an object that comes from the work of the brain, the result of ratio work, which is the result of the work of a rational human ratio. 19 The result of his work is in the form of im-material objects.
Is closely related to intangible objects and protects intellectual works born of human creativity, taste and initiative.In line with the previous opinion. Mann & Roberts (2005) stated that "Intellectual Property is an economically significant type o intangible 16~25 personal property that includes trade secrets, trade symbols, copyrights, and patents.
These interests are protected from infringement or unauthorized use by others." 20 The opinions of the experts mentioned above further emphasize the existence of intellectual property rights as rights to immaterial objects or intangible objects. The attachment of property rights arises from a person's ability to produce a work based on the work of his brain/intellectuality. The results of this intellectual work then foster the concept of ownership of an intangible object in the form of intellectual property rights.
So in the context of IPR, property rights that are protected as rights to intangible objects are intellectual property rights that give birth to tangible material objects.
Property rights here are not on material objects that exist as a form of intellectual property rights, because the material or physical objects are owned by the buyer of the object. For example, a person because of his high and creative intellectual ability is able to give birth to a copyrighted work in the form of a book. In connection with this ability to produce intellectual works in the form of books, intellectual property rights will be born to the author or creator (the existence of ownership rights over immaterial objects, namely intellectual property rights over the work of the book), and not on the material results, its physical form in the form of books, but rather the copyright attached to the book that gives birth to immaterial rights or intangible property rights." By paying attention to the definition and understanding of IPR as mentioned above, it seems that it is indeed not easy to get a standard formulation and understanding of what IPR really means. In WIPO (Convention Establishing the World Intellectual Property Organization), specifically based on Article 2 of the WIPO Convention only mentions matters relating to intellectual property rights including: "Literary artistic and scientific works; performances of performing artists, phonograms, and broadcasts; invention in all field oh human endeavor, scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and all scientific, literary or artistic fields." Antariksa (2011)

Legal protection of human intellectual works is very important in Western
understanding because Western society is generally an advanced industrial society. 24 They are the ones who have pioneered the development of the IPR legal system and they are very concerned with addressing its legal protection. This is because the works that are included in the scope of IPR, whether in the form of works of art, literature, technological inventions, designs, brands and other IPR works are the result of human 18~25 intellectual creativity born from a very long process, with heavy sacrifices, both in terms of time, labor and costs (for example because they have to go through the research and development process).

IPR in TRIPs-WTO Agreement and How to Harmonize It in Indonesia's Legal System
The concept of the importance of protecting intellectual property rights has its roots in developed countries from Western countries. 25 The first country to have an IPR law was Italy, Venice, namely in 1470 inventors such as Caxton, Galileo, and Guttenberg. With regard to IPR, the term used in Indonesia today is "Intellectual Property (IP)." The abbreviation HKI is no longer used, but rather refers to "KI" because it follows a term that is mostly applied in other countries. Regarding the change in terms used in Indonesia from HKI to KI can also be known through Presidential Regulation of the The inclusion of IPR protection into the world trade system which at that time was The TRIPs Agreement itself does not actually provide a definition of IPR, but in the preamble TRIPs Agreement it is written: Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. The legal status of TRIPs in the WTO Agreement is very clear considering that TRIPs are an annex which is an integral part of the WTO Agreement. There are no reservations to the WTO Agreement/TRIPs so that the relationship between Intellectual Property Rights and international trade is very clear. Countries

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and as a consequence of its participation, Indonesia is obliged to harmonize the IP legal system in accordance with the standards set by TRIPs. 32 In the TRIPs Agreement, in particular Article 3 and Article 4 (Article 3: National Treatment and Article 4 of TRIPs Agreement: Most-Favored-Nation Treatment), the general principles of the General Agreement Trade and Tariff (GATT) are introduced, namely the Most Favored Nations Treatment (MFN). This principle prohibits discrimination between certain member countries and other member countries. Every advantage and protection given by a member country to another member country must be the same given to other members. 33 The standard of legal protection granted to national IP owners must be the same as those from abroad who are member countries. 34 The NT and MFN Principles which are also known as the Basic Principles in the TRIPs Agreement must be transformed into the national laws of the WTO member countries. In this regard, Indonesia as one of the WTO member countries is obliged to transform the international principles of the TRIPs Agreement into various laws relating to Intellectual Property.
As has been stated that in the international dimension, the State of Indonesia has ratified the WTO-TRIPs Agreement. Indeed, Indonesia has ratified various conventions other than the TRIPs Agreement. In addition to the protection of intellectual property or IPR, it is regulated in various international conventions, as well as conventions at the regional le v el such as the European Patent Convention (EPC) and the Bilateral Agreement. 35 Indonesia, which has participated in various international conventions in the field of I PR, has transformed international standards and principles that are obligations as a member state into various laws in the field of intellectual property rights.

CONCLUSION
Intellectual Pro p erty Rights products are works born of creativity, initiative, and creative power, as well as high and creative intellectual abilities/the work of the brain, meaning and reas o ning from the inventors, creators and designers. The results of intellectual creativity with such a deep process as mentioned above have a very high economic value. The results of these works are essentially the personal wealth of those who invented, created or designed. Therefore, it is proper for inventors and creators to be given legal protection individually, namely in the form of exclusive rights to the work they produce.
IPR can only be given to the creator or inventor to enjoy or reap the benefits themselves for a certain period of time, or to give permission to others to use it. Moreover, IPR according to the conception and legal system of Western society is an individual's property (personal rights) that cannot be interfered with or contested by anyone, and is considered a violation for anyone who violates the personal rights of the IPR holder. This type of wealth is an intangible asset that can be transferred (including through buying and selling transactions), licensed, granted, even willed to parties deemed entitled to receive it.