TELAAH KRITIS SISTEM HAK KARYA INTELEKTUAL

Abstract

This paper will discuss the issue of intellectual property rights system. Intellectual Property Rights (IPR) is an exclusive right granted to a person or group on the discovery, in the arts-literature, science, technology and the use of symbols or emblems of trade which is intended as a reward for his work. This paper seeks to answer the question why the system of rights of intellectual works can not run as expected at first and the interests of what's behind this system so that the resulting legitimacy to apply the standards of TRIPs (right to intellectual work) on poor countries or developing steadily improved while going double standards in the do by some developed countries.

The results of this paper found their disfluencies of the exercise of intellectual work caused obscurity when property rights applicable to the goods of creativity. Incompleteness could arise from uncertainties involving the possibility of trade imbalances and efforts optimal balancing between different goals including the autonomy of the state in terms of sensors and on the other as to internalize the externalities of intellectual property protection policy. In addition, there is a hidden interest of developed countries to engineer the implementation of intellectual property rights agreement through WIPO and the WTO in order to dredge the maximum profit from trade with developing countries through a system Of intellectual roperty rights.

This paper recommends that the necessary amendment to the TRIPS Agreement because of a condition of economic development is not yet balanced. Preferably only in developed countries (high economic level) is applied to the TRIPs Agreement and developing countries do not have to be subject to these requirements if still not on par with developed countries.

Keywords: intellectual property rights system, developed countries, developing countries, trade imbalances, economic development