Transfer of Intellectual Property Rights (Study on shared assets (Gono Gini) post divorce)
Anis Mashdurohatun (a*)

UNISSULA

Abstract

Intellectual property rights are a set of legal rights to express ideas into real forms of property. These rights are generally copyright, patent rights, and brand rights. IPR is still a wealth that is not yet commonly understood in terms of the distribution of property gono-gini in divorce cases in Indonesia. In some divorce cases, there are important things regarding intellectual property that must be really taken into account in the distribution of property without this. This study aims to examine and analyze and formulate the transfer of IPR as a joint asset in marriage and the distribution of gonogini assets after divorce. The approach method used in this research is juridical empirical. The data used are primary and secondary data. Techniques for collecting data through library studies and field studies. Analysis of descriptive analytic data. The results of the study found that the transfer of IPR as a joint asset in marriage was based on the provisions of IPR legislation. The object of the joint property needs to be harmonized with respect to the HKI field both copyright, brand and patent. Such as the brand lumpia express, suharti fried chicken, etc. The distribution of the gonogini property after the divorce certainly remains based on the provisions of the marriage law, namely Law Number 1 of 1974 concerning Marriage. In the provisions of Article 35 paragraph (1), it has been stated that the property acquired during marriage is a joint asset, provided that there is no marriage agreement regarding the separation of property. Everything that has economic value can be categorized as property, whether it is immovable property (land), moving objects (gold), also in legal developments such as electricity (intangible objects) are categorized as something that has economic value. Wealth in the IPR field is included in the category of assets because it is an intangible object that has economic value.

Keywords: IPR; Gono Gini; Post;Divorce

Topic: Private Law

Link: https://ifory.id/abstract-plain/kPLFgf6hvdKt

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