THE IMPORTANT ROLE IN UNDERSTANDING INTELLECTUAL PROPERTY FOR LAW ENFORCERS

Definition of Advocate based on Law No. 18 of 2003 concerning Advocates (Advocates Law) shall be a person who has a profession to provide legal services, both inside and outside the court, having requirements according to provisions of this Law.

Legal services performed by an Advocate include providing legal consultancy, legal assistance, exercising power, representing, accompanying, defending and performing other legal actions for clients’ interests. Therefore, it is necessary to ensure that an Advocate must master the Intellectual Property Law materially.

Whereas, according to provision of Article 1 paragraph 5 of Code of Criminal Procedure (KUHAP), it is stated that “Preliminary investigation is a series of investigator actions to search and find an event that is suspected as a criminal act to determine whether or not a full investigation can be carried out according to the method stipulated in this law”. Thus, not only an Advocate must master the Intellectual Property Law, but also any other law enforcers including the Police who are authorized to conduct preliminary investigations and full investigations.

Furthermore, the meaning of Intellectual Property (IP) is the rights of works that arise because of the ability of the brain or mind or human intelligence and are protected by law. Because Intellectual Property is very important in Indonesia at the present time, Intellectual Property has become a very important issue and received National and International attention especially in terms of economic development.

The importance of Intellectual Property in economic and trade development has spurred the start of a new era of economic development which is based on science. In this globalization era, the protection of Intellectual Property is very important, because the protection of IP is closely related to global trade at the International level. IP protection becomes an interesting and prominent issue in international economic relations. Therefore, it is necessary to have a more comprehensive understanding by law enforcers, including Advocates.

Nevertheless, we still find in practice that many law enforcers, including the Advocates themselves, have not understood deeply about Intellectual Property. Sometimes it becomes a polemic for the protection of Intellectual Property in Indonesia, with the result that original owners of Intellectual Properties do not obtain legal certainty in Indonesia.

For that reason, it is felt necessary for law enforcers and also law enforcement candidates to deepen Intellectual Property in order to maintain legal certainty for all parties. One of the means to deepen the knowledge of Intellectual Property is to make it into one of the subjects in Special Education for Advocate Profession (PKPA) which is intended for prospective Advocates so that in the future, prospective Advocates who attend the Education will have sufficient insight in the Intellectual Property field.

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On this occasion, Am Badar & Partners represented by Mrs. Nadia Ambadar, S.H. as the director, provided her contribution in PKPA as a Resource Person in the field of Intellectual Property Science, which was organized by the Greater Jakarta Metropolitan Regional Police (Polda Metro Jaya) of the Republic of Indonesia in collaboration with the Congress of Indonesian Advocates (KAI) organization. The event was held from 29 August 2018 to 02 September 2018 with the theme of “Special Education for Advocate Profession of 2018 in order to Support the Task of Developing Legal Function to Create a Professional, Modern and Reliable Indonesian National Police (Polri) “. The purpose of PKPA was held in the police force is to improve the competence of investigators and members of legal sector in the Polda Metro Jaya area in the field of Intellectual Property.

Having organized the said event, it is highly expected that in the future, the law enforcers and also the Indonesian people can be more aware of the importance of the Intellectual Property protection in Indonesia.

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