International law

First, we should think a little about terminology. Conventions (Konvensi), Protocols (Protokol), Treaties (Treati) and Agreements (Persetujuan) are all essentially the same thing: they are all agreements between different countries. They can be bilateral (that is an agreement between two countries) or multilateral (an agreement between a number of countries).

Treaties can be binding (mengikat) or non-binding. Countries may voluntarily sign the treaty or refuse to sign the treaty. If the treaty is binding, then the countries which sign are bound by that treaty, that is, they must ratify it within a certain time. This means that signatory countries must pass new law or change existing laws in their own country to bring their laws into line with the treaty.

We will consider the important international treaties that deal with intellectual property later in the course, but for now we should just consider why international intellectual property treaties are important for Indonesia and why it is useful to study them.

First, the majority of principles contained in Indonesia’s IPR laws are derived from international PR agreements.

Second, countries which have ratified international PR agreements will make it easier for themselves to conduct international trade with other countries. There is a tendency for developed countries to require developing countries to have sufficiently strong PR laws in place before they will trade with them.

 

References :

Short course in Intellectual Property Right (Elementary) – Asian Law Group Pty Ltd. – Ausaid.

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