“Generally, educational institutions today tend to prioritize discussions on Intellectual Property Rights (IPR) from the perspective of their principles and statutory regulations. However, the philosophical aspect should not be overlooked,” said Dr. Bambang Kesowo, S.H., LL.M. This perspective served as the background for the IPR short course held at Room 3.1.1, Faculty of Law, Universitas Gadjah Mada (FH UGM), on Saturday (24/9).
The former State Secretary explained several aspects of IPR, namely moral, economic, social, political, and legal aspects. According to him, the social and political aspects are often overlooked in the study of IPR at Indonesian universities. In his view, these two aspects are just as important as the moral, economic, and legal aspects that are more commonly discussed.
“Someone who has created something through their own hard work deserves to be recognized as its inventor and deserves to receive due recognition,” explained the Harvard University School of Law graduate when defining the moral aspect. Meanwhile, the economic aspect concerns the creator’s right to obtain economic benefits from their invention. These two aspects form the foundation of the IPR concept. The social aspect, on the other hand, contributes to elevating human dignity and enriching civilization. In addition, intellectual creations within this aspect can encourage others to produce a wider variety of intellectual works. From a political perspective, the increasingly borderless nature of relations between nations encourages countries to establish cooperation in the field of trade. Meanwhile, the legal aspect naturally emerges through various regulations that serve as a form of oversight. These regulations cover ownership, utilization, transfer, and protection of IPR holders.
IPR is regulated not only under national law but also through international frameworks, such as the World Intellectual Property Organization (WIPO) and the General Agreement on Tariffs and Trade (GATT). The existence of these two legal frameworks has resulted in differences in how exclusive rights are understood. Under national law, exclusive rights refer to the right of creators to enjoy and utilize their own works. Meanwhile, under international law, exclusive rights refer to the right to prevent others from using intellectual property without the creator’s permission.
At the end of the session, the FH UGM alumnus encouraged students not to study a subject merely from its branches, but also to understand the roots of the problem. According to him, understanding the root of a problem provides the philosophical foundation needed to achieve a particular goal. (Fitri/Adik)
