ANALISIS YURIDIS PENERAPAN PRINSIP ORIGINALITAS SEBAGAI SYARAT PERLINDUNGAN HUKUM HAK CIPTA DESAIN LOGO

Abstract

The advancement of Science and Technology has renewed the scope of wealth, which was originally only in the form of tangible wealth, into tangible and intangible wealth. Intangible wealth is realized in the form of Intellectual Property. There are various types of intellectual property, one of which is Copyright. One of the requirements for a creation to be protected by copyright is originality. Originality is one of the fundamental principles of copyright protection, because originality is closely related to the form of embodiment of a work. In Decision Number 14/Pdt.Sus Hki/Cipta/2021/Pn Niaga Jkt.Pst, the Defendant's logo design creation has similarities with the Plaintiff's creation which has been protected by IP and published first. In this case, the Ministry of Law and Human Rights of the Republic of Indonesia, specifically the Directorate General of Intellectual Property was declared as a Co-Defendant because it had granted Copyright protection to the Defendant's creation, which should not have been granted because it violated the principle of originality. In this study, the main problem is how the application of the principle of originality as a condition of legal protection of copyright on works in the form of logo design and how the analysis of judges' considerations related to the Copyright Originality Principle. This research is a normative juridical research type that is descriptive analytical so that primary data sources and secondary data sources are analyzed qualitatively. The theoretical basis refers to Article 1 paragraph 1 Jo Article 3, Article 40, Article 64 of Law Number 28 of 2014 concerning Copyright. The results of the research on the application of the principle of originality as a condition of copyright legal protection on works in the form of logo designs can use the Substantial Similarity principle approach and Independent Creations and Analysis of judges' considerations related to the Principle of Copyright Originality is the principle of Substantial Similarity where a creation is taken in substantial part by looking at the similarity of the physical form of the two logos belonging to the Plaintiff and the Defendant. The judge argued that the difference lies only in the presence of writing, while the basic form is exactly the same, which is the appearance of a person riding a horse