Transfer of Intellectual Property Rights (Studies on the Division of Joint Property (Gono-gini) Post-Divorce)
- DOI
- 10.2991/aebmr.k.200226.014How to use a DOI?
- Keywords
- IPR, Gono gini, divorce
- Abstract
Intellectual property right is a set of legal rights to express ideas into tangible form in the form of property. Such rights generally is copyright, patents and trademark rights. IPR is still a wealth are not yet commonly understood in terms of “Gono-gini” division of property in divorce cases in Indonesia. In some cases of divorce, there are important matters concerning intellectual property should really be taken into account in the division of property in case like Gono gini. This study aims to examine and analyze and formulate the transfer of IPR as a joint property in marriage and the division of property after divorce. The method used in this research is juridical-Empirical. The research are using primary and secondary data. While Techniques of collecting data through library research and field study. Analysis of descriptive data analytics. The study found that the transfer of IPR as a joint property in marriage, based on the provisions of IPR legislation. The common property object needs to be aligned with respect to the field of IPR both the copyright, trademark, or patent. Such as spring rolls brand express, Suharti fried chicken, etc. Gonogini case post-divorce division of property would continue to rely on the provisions of the marriage law Law No. 1 of 1974 on Marriage, The provisions of Article 35 paragraph (1) has been mentioned that the property acquired during the marriage become community property, with no record of a marriage agreement on segregation of assets. Everything objects that have economic value can be categorized as a property, whether it is immovable property (land), the moving object (gold), also in the development of the law, such as electricity (intangibles) were categorized as having economic value. Wealth in the field of IPR in the category of asset for the intangibles that have economic value. Based on the provisions of article 37 paragraph 1 of the Marriage Law and Article 95 Compilation of Islamic Law. By way of this peace, the division of property, said that the Gono-gini relies on consultation between husband and wife. It could be a husband and wife got 50% 50% or husband and wife get 30% to 70%, the husband was able to get 70% and 30% wives, and may also division by the ratio (percentage) in the other. Everything is justified Personality ‘, immersion was the result of the peace that has been taken based on the willingness of each.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Anis Mashdurohatun PY - 2020 DA - 2020/03/04 TI - Transfer of Intellectual Property Rights (Studies on the Division of Joint Property (Gono-gini) Post-Divorce) BT - Proceedings of the International Conference on Law Reform (INCLAR 2019) PB - Atlantis Press SP - 70 EP - 75 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200226.014 DO - 10.2991/aebmr.k.200226.014 ID - Mashdurohatun2020 ER -