Legal Protection on Intellectual Property Rights in the Development of Creative Economy in Mamuju Regency

Protection of legal intellectual property rights is the main pillar for businesses, especially those engaged in the creative economy business. The role of law can provide guarantees and legal certainty in creating a good economic climate and increasing people's income derived from the results of the work of creativity, ideas and creativity. The creative economy becomes a strategic issue as a government effort in developing the regional economy, creating a climate of creation and innovation and leading to improving people's welfare. The development of creative economic ventures in Mamuju Regency, West Sulawesi Province must be supported by a set of regional regulations, specifically those that regulate the protection of intellectual property rights of creative economy entrepreneurs. So that business people get protection, justice, benefit and legal certainty related to the work of copyright and innovation products owned. This study aims to examine the regional regulations of Mamuju Regency about the economy, especially the protection of intellectual property rights for creative economic business actors and identify the potential of the creative economy. Data is collected through literature studies to trace data through regional regulation documents. The processed data from descriptive analysis is used as a basis for consideration and review of economic law. The results of this study are in the form of sources of economic law material and manuscripts of academic considerations, where the local government and the public can find out the legal position in the protection of intellectual property rights of creative economy entrepreneurs in Mamuju Regency.

In its journey, intellectual property to become a product of IPR requires applicable procedures and procedures, for which regulations are in accordance with the Law and government regulations. These procedures and stages are usually considered difficult and complex by intelectual property producers so that there are still many intelectual property results that have not yet been submitted by the IPR. The impact of this condition is that the economic benefits of KI that have been used by the public have not yet been optimized by intelectual property producers. 1 A product that can be given IPR protection, then the product must be creative and innovative. A product is said to be creative and innovative in the perspective of IPR that the product can meet the criteria of each IPR regime. For the copyright of a product, it is said to be creative and innovative if it meets the criteria of originality, fixation and creativity. For patents, a product is said to be creative and innovative if the product meets the criteria of novelty, inventive steps and can be applied in industrial activities. must be new and not the same as the previous disclosures, and for trade secrets, the criteria that must be met is an effort to safeguard the information of economic value to the public.
Looking at these criteria, it is clear that the products requested by IPR should be creative and innovative. But unfortunately, currently there are still creative economic actors not paying attention to the existing criteria. As a result, existing products are not new or even counterfeit from pre-existing ones. The reality of IPR protection relating to the IPR registration system is in the form of registration procedures which are considered complicated, costly "expensive" and which tend to be uncertain so that they are not eventually registered. This certainly weakens legal protection and has implications for not protecting the products of the creative economy. Other realities of IPR protection are related to IPR law enforcement. IPR law enforcement is still considered selective and lacks good and professional treatment. The lack of, law enforcement officers who have a good understanding of IPR also become a real reality in IPR law enforcement. As a result, creative economic products that have been registered with IPR cannot always be protected, even though the legal process should have been carried out.
In general, Intellectual Property Rights can be divided into two categories, namely: In a recent study entitled Cybersecurity Risks from Non-Genuine Software from the Faculty of Engineering, National University of Singapore (NUS), 92% of computers and laptops using fake software were infected with malware. The study, which was initiated by Microsoft, was completed in June 2017 and covers the Asian region. Pacific. The focus of research is on the risk of malware infections in software from the use of pirated products and active exploitation by cybercriminals from these malicious programs. This study took 458 samples from eight Asia Pacific countries, such as Indonesia, Sri Lanka and Thailand. The samples taken were divided into 203 pirated software download activities, 90 computers and laptops using pirated software, and 165 CDs and DVDs with pirated software. In his presentation, Assistant General Counsel of Microsoft Asia Digital Crime Unit Keshav S. Dhakad explained that the software for productive activities ranked the highest among those infected with malware with a percentage of 42%, followed by the operating system (29%), games and applications (19%) and antivirus (17%). 2 With the explanation presented by the author above, it can be drawn the legal problem of protecting intellectual property rights in the development of the creative 2 http://kalimantan.bisnis.com (accessed, December, 1, 2018).

METHOD
This study uses descriptive analysis, analysis of data tailored to the purpose of the study which includes the analysis used for fact-finding which is then interpreted according to the research problem. Descriptive analysis is done to find out the existence of independent variables, both on one or more variables without making comparisons and looking for the relationship of the variable with other variables. Descriptive analysis will get a picture related to the legal position in the protection of Intellectual Property Rights of creative economy entrepreneurs in Mamuju Regency, West Sulawesi Province. This research was conducted in January to February 2019 which focused on the area of Mamuju Regency, West Sulawesi. The type of data consists of primary data and secondary data. Primary data was obtained using the interview method with the regional government of Mamuju Regency. While secondary data was obtained from the Legislation Regulations, the Central Bureau of Statistics and the Office of Cooperatives and Micro, Small and Medium Enterprises of the Mamuju District Government, and used interview data collection techniques and library studies.

A. The Concept of Creative Economy
Creativity is a desire to create something new, unique, and different. The creative industry is an industry that originates from the use of creativity, skills and individual talents to create prosperity and employment through the creation and utilization of the 1. Craft, parts of applied art that are the meeting point between art and design that are sourced from traditional heritage or contemporary ideas whose results can be in the form of works of art, functional products, decorative and decorative objects, and can grouped based on material and exploration of the technical tools used, and also thematic products.
2. Culinary, activities of preparation, processing, presentation of food and beverage products that make elements of creativity, aesthetics, tradition, and/or local wisdom; as the most important element in enhancing the taste and value of the product, to attract purchasing power and provide experience for consumers.
3. Fashion, A lifestyle in appearance that reflects self-identity or group.
4. Architecture, a manifestation of the results of the application of knowledge, science, technology, and the whole in composing the built environment and space, as part of human culture and civilization so that it can unite with the entire space environment.

5.
Interior Design, activities that solve the function and quality problems of the interior, provide services related to interior space to improve the quality of life; and fulfil the aspects of health, security, and public comfort.
6. Visual Communication Design, arts of communication by using visual language delivered through the media in the form of a design that aims to inform, influence and change the behaviour of the target audience in accordance with the goals to be realized. In this case, the form used is in the form of graphics, signs, symbols, illustrations/photographs, typography/letters and so on. 7. Product Design, a element of advancing the industry so that the industrial products can be accepted by the community because the products they get have good quality, affordable prices, attractive designs, get guarantees and so on. The Industrial Design Society of America (IDSA) defines product design as a professional service that creates and develops concepts and specifications that optimize the function, value and appearance of a product and system for the benefit of both users and manufacturers.

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Legal Protection on Intellectual Property Rights In The Development Of Creative Economy In Mamuju Regency

B. Intellectual Property Rights in Creative Economy Development
IPR abbreviated as Intellectual Property Rights 5 and Bambang Kesowo defines IPR as a right to wealth that arises or is born due to human intellectual abilities 6 Jill Mc Keough and Andrew Stewart define IPR as a set of rights granted by law to protect economic investment from creative endeavors. While the Director General of Intellectual Property Rights in collaboration with ECAP defines IPR as the rights arising from the results of brain thinking that produces a product or process that is useful for humans. 7 The IPR classification after the Uruguay Round is contained in an agreement called the TRIPs Agreement. This is more specifically regulated in Part II about Standards of the Availability Scope and Use of Intellectual Property Rights. More complete classification of IPR based on TRIPs Agreement consists of: 1) copyrights and related rights; 2) trademarks; 3) geographical indications; 4) industrial designs; 5) patent;

6) layout Designs (Topographies) of Integrated Circuits; 7) Protections of Undisclosed Information; 8) Control of Anti-Competitive Practices in Contractual Licenses.
In Indonesia, in classifying IPRs it does not fully adapt to the division as in the TRIPs Agreement, even though in terms of norms it has been adjusted to the standards contained in the TRIPs Agreement. The classification of IPR in Indonesia can be seen as follows: 1) copyright and related rights; 2) patents; 3) brand; 4) industrial design; 5) integrated circuit layout design; 6) trade secrets; 7) protection of plant varieties.
Conceptually each part of the IPR above can be described in detail as follows. Copyright is an exclusive right for the creator or recipient of the right to announce or reproduce his work or give permission to do so by not reducing the restrictions according to applicable laws and regulations. The scope of copyright includes the results of intellectual work in the form of works of art, literature and science. Copyright is obtained automatically when the work is manifested. However, it is possible to register copyright requirements with the Directorate General of IPR the Indonesian Ministry of Law and Human Rights.
The period of copyright protection stipulated in the provisions of copyright law in Indonesia is quite varied, namely; The first is valid for the life of the creator and continues until 50 (fifty) years after the creator dies, for the type of work in the form of books, pamphlets, and all other written works, drama or musical drama, dance, choreography, all 5 Pendapat Robert M Sherwood, Intellectual Property and Economic Development, Sherwood mengememukakan ada dua pengertian yang terkandung dalam konsep HKI. Pertama, kreativitas pribadi(private creativity). Kedua, perlindungan oleh negara terhadap hasil dari kreativitas (public protection forthe result of creativity years from the first time the publication is in the form of a computer program, cinematography, photography, database, and the result of the transfer of material and thirdly, the work controlled by the state applies indefinitely. Patents mean exclusive rights granted by the state to inventors or the results of their inventions in the field of technology, which for a certain period of time carry out their own inventions or give their consent to other parties to carry out them. The scope of patents 8,9,10 is in inventions in the field of technology which are problem-solving. This invention has the form of a product or process or it can also be the development/improvement of a product or process. The requirements of an invention can be substantially patented, there are three, namely; novelty requirements, inventive step requirements and can be applied in applicable industries. Patents are obtained by registration (first to file principle). However, in some countries such as the United States patents are obtained based on the first to invent principle. Indonesia itself adheres to the registration system (first to file principle). Registration is done to the Directorate General of the Ministry of Law and Human Rights of the Republic of Indonesia. There are two types of patents, namely patents and simple patents. The period of protection for patents is 20 (twenty) years from the date of receipt and the time period cannot be extended. A simple patent is given for a period of 10 years from the date of receipt and the period cannot be extended.
About brand 11 is a sign in the form of an image, name, letters, numbers, and arrangement of colours or a combination of all those that have a distinguishing power and are used in the activity of trading goods or services. Rights to the brand can be obtained through the registration system (first to file principle) not based on the first use system (first to use principle). In Indonesia, to obtain brand rights, it must go through a registration system. If the brand has been registered, the rights to the brand arise. The right to the brand is an exclusive right granted by the state to the owner of the brand There are two types of brands, namely trademarks and services. Trademarks are brands that are used on goods traded by a person or several people jointly or a legal entity to distinguish from other types of goods. Service marks are brands that are used on services traded by a person or several people jointly or legal entities to differentiate from other similar services. The period of protection for the brand is 10 years from the date of receipt and the period of protection can be extended.
The industrial design scope covers the creative aspects of form, configuration and composition which contain aesthetic elements which are usually used in industrial and craft activities. The right to industrial design itself is obtained by using a registration system. After registration of an industrial design, the right to industrial design arises. The right to industrial design is the exclusive right granted by the Republic of Indonesia to the designer for his creation for a certain period of time carrying out his own approval or consent others to implement this right. The period of protection for industrial design is 10 years from the date of receipt.
The scope of trade secrets includes information that is personal, has economic value and is kept confidential. To obtain the right to trade secrets is based on fulfilling the requirements of the trade secret itself. IPR, when connected with the development of the creative economy, has a very strong relationship. The relation lies in; First, IPR can become an institution in producing creative economic products that are more innovative and contain novelty elements. This understanding is obtained, wherein the IPR is known as the IPR database system that is useful and useful for the development of a product including creative economic products; Secondly, IPR can be used as an instrument for efforts to document a creative and effective economic product. In documenting creative economic products through IPR it is usually documented that it is not only related to the product itself, but also includes product-producing documentation accompanied by shreds of evidence of the law; and Third, IPR can be used as a means in terms of legal protection for a creative economic product. In this IPR system every person who has succeeded in making a product, then by taking certain procedures, he can be considered as the holder of exclusive rights. With the possession of exclusive rights, he can defend from other parties who use it in a legal manner. Not all brands can be registered. There are several brands that cannot be registered. Trademarks that cannot be registered are brands that contain elements:

C. Trademark Protection and Legal
ƒ Contrary to applicable laws and regulations, religious morality, decency, or public order; ƒ Does not have distinguishing power; ƒ Has become public property; or ƒ Is a statement or relating to goods or services that are requested for registration.
In addition to brands that are prohibited from being registered, when they have been requested, the directorate general can also cancel brands that have elements: ƒ Having equality in principle or in whole with Marks owned by other parties that have been registered in advance for similar goods and/or services; ƒ Having equality in principle or in whole with a Mark which has been known to belong to another party for similar goods and/or services; ƒ Similarities in principle or the whole with known -geographic indications.
ƒ Resembles the name of a famous person, photo, or name of a legal entity owned by another person, except with written consent from the rightful person; ƒ Imitation or resembles a name or abbreviation of a name, flag, symbol or symbol or national or international institution, except with written approval from the competent party; ƒ Imitation or resembles a sign or stamp or official stamp used by the State or Government institution, except with written approval from the competent authority.
Brand holders are entitled to legal protection as long as the mark is registered. year 2016 concerning Trademarks, License Agreements are prohibited from making provisions that directly or indirectly can cause adverse effects on the Indonesian economy or contain restrictions that impede the ability of the Indonesian nation to master and develop technology in general. it is cancelled on the basis of equality in principle or the whole with other registered Marks, still entitled to carry out the License agreement until the end of the License agreement period and is no longer obliged to continue the royalty payment to the canceled Licensor, but must pay royalties to the owner of the brand that is not canceled. Other supporting factors include accommodation facilities such as adequate hotels and inns, restaurants and restaurants and telephone facilities in the form of Telkom and cellular telephones as well as banks that are ready to serve the needs of prospective investors visiting the area. Especially for tourism, this area also has potential that is not inferior to other regions. The tourism potential is in the form of marine tourism, nature tourism and cultural tourism. In the city of Mamuju itself, the Mamuju Regional Government has been trying to build a creative economy through government programs, Sulawesi, which has succeeded in processing approximately 260 types of marine, agricultural and plantation fisheries products. being dried food (snack-tortilla) worthy of local / export market products. In the brief meeting, Sakaruddin had time to share tips on success in carrying out creative economic activities. According to him, economic actors must work by combining the brain, muscle and heart to achieve maximum results.

Development of Creative Economy in Mamuju Regency
"Capital is not the main thing but skill and mindsets, both tools and the third is capital," said Sakaruddin. Demonstrating its seriousness in processing food into a product of the creative economy of the community, the Mamuju District Government gave every village the opportunity to send four representatives of creative economic actors to study directly at LPTTG-Malindo, for 10 days. With hope, the Mamuju district government mission can truly be realized. 16

Legal Protection on Intellectual Property Rights In The Development Of Creative Economy In Mamuju Regency
Then another effort carried out by the Mamuju Government was the implementation of a Dedicated Day Safari for the People (Sahabat Rakyat) which is a regional government program of Mamuju Regency in bringing services to the community, now looking increasingly creative, with these activities can increase innovation from each sub-district due to activities. This activity, one of which is a creative economic exhibition, produces local products from the Mamuju region and even the regional government hopes that this program can survive and be carried out in other areas in Mamuju Regency. 17 From the creative ideas that emerged in Mamuju Regency is a positive trend that is present in the Mamuju area which is the capital city of West Sulawesi Province which is starting to develop, this is a normal trait for developing regions, because the regions that develop automatically lead to conditions the community is also developing, one of the things we mentioned above is creative ideas that can be used as a source of income and an increase in the regional economy, as we know the Mamuju region which has the potential for agriculture quite rapidly, and is one of the biggest sources of income from the community. however, with the emergence of creative ideas, collaboration between natural resources in Mamuju Regency and creative ideas of the community will produce creative economies which are now fully supported by the Central Government through the establishment of an institution called the Creative Economy Agency (Badan Ekonomi Kreatif ± BEKRAF) Then there is no reason for the regional government to refuse or not support the development of the creative economy in the region, because the central government has fully supported its aim to empower the people in each region, through the development of a creative economy.
In addition, the process of development of the creative economy must be supported by digitalisation systems or what we are more familiar with information digitalization, namely the process of transforming various information, news from analogue format into format digital so that it is easier to produce, store, manage, and distribute. Information that is digitalized can be presented in the form of text, numbers, audio, visual, which contains ideology, social, health and business. So many products from creative economic actors are not in line with expectations or behaviour, one of the reasons is problematic marketing process, then constrained on the issue of promotion, especially when the promotion and advertising are no longer carried out as before through brochures or print media, almost all promotions are carried out through internet media, both websites, blogs and social media, because in the digitalization era as now information is more and faster obtained through the internet than through print media. 17 https://mamujupos.com/bupati-mamuju-kunjungi-pameran-ekonomi-kreatif-di-sampaga/ (accessed, December, 20, 2018).

Legal Protection on Intellectual Property Rights In The Development Of Creative Economy In Mamuju Regency
So the discussion above we can see that the issue of intellectual property rights will have an impact on the problem of increasing the creative economy, one of which is the issue of the use of trademarks, for example in Mamuju Regency, which will develop creative economies. especially from the Regional Government so that the products sold have legal certainty and are not problematic in the future.
The government's efforts in overcoming the problem first are direct assistance in improving the creative economy, especially in the area of public understanding of the importance of trademark registration so that trademarks used by creative economic actors in Mamuju Regency have legal certainty about the products produced in accordance with potential resources nature owned by Mamuju Regency, Second is the making of regulations in the form of Regional Regulations that specifically provide legal certainty for creative economic business actors even though it has been regulated in the brand law, there is no harm in Regional Government also supporting through the creation of Regional Regulations that protect economic actors creative and creative economy improvement in Mamuju district, because the potential in a region that knows better is the local government itself, so the Regional Government should make regulations regarding issues of intellectual property rights intestine to improve the Creative Economy in Mamuju district.

Creative industries cannot develop independently and separate from other sectors.
Creative industries support each other and collaborate with other sectors, starting from the education, technology, trade, tourism, defence, politics, social and cultural sectors.
Creative products are created and distributed on various platforms. In the current Mamuju Regency, a trend that has begun to grow among young people, the strengthening of creative economic activities. We can observe this in business growth, especially in the Manakarra Coast region. It's just not yet become a large and significant industry and the availability of facilities in its development. The products produced are also tailored to the minimal market demand, and most marketing methods are marketed in a simple way, for example through the internet, social media, and from door to door. Indonesia has a regulation that is assessed in accordance with the rules in the Creative Economy, namely Currently in Mamuju Regency West Sulawesi Province does not yet have a creative industry centre, both from production and marketing activities. It is important, the local government to build complex and creative industrial facilities, where each actor and creative industry elements collaborate with each other and are easy to bring together creative industry producers and consumers. Everything will not be achieved properly, if it is not supported politically by the ruling party or in other words if there is no political-will from each stakeholder, especially for the Mamuju Regional Government.