DISTRIBUTION OF INTELLECTUAL PROPERTY RIGHTS AS JOINT PROPERTY IN DIVORCE: A SOCIO-LEGAL STUDY

Abstract

This study examines the distribution of intellectual property rights (IPR) as joint property in divorce and aims to provide guidelines on how to distribute IPR equitably. The research method used in this study is socio-legal research, which involves primary and secondary data collection techniques such as library research and field studies analytical descriptive data analysis. The study finds that economic value obtained from all types of IPR registered during marriage becomes joint property of husband and wife, and the distribution after the marriage breaks up each gets half as long as both parties carry out their responsibilities, roles and duties properly. However, if one party is unable to carry out their responsibilities, then the distribution is in accordance with the size of their contribution in the household and the process of creating/discovering IPR. The distribution must be recorded at the Directorate General of Intellectual Property Rights. The study also highlights the need to increase knowledge and understanding of law enforcement in the field of intellectual property rights through formal education, training, certification, seminars, workshops, library access, field practice and other means. Furthermore, it emphasizes the importance of legal education, both formal and non-formal, to increase public knowledge and understanding of IPR.