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
nonformal, to increase public knowledge and understanding of IPR.