Implementation of the Fair Use Defense Doctrine and Minimum Standards Principle in Copyright Dispute Settlement

Simbolon, Putu George Matthew

doi:10.37276/sjh.v5i1.263

Cited by 4 publications

(2 citation statements)

References 24 publications

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“…Legally, a trade secret is any information not publicly known and has potential economic value, where its owner has made necessary efforts to keep it confidential (Simbolon, 2023). In employment, a Non-Competition Clause is viewed as a legitimate mechanism to protect these trade secrets.…”

Section: Hasil Dan Pembahasan Klausul Non-kompetisi Dalam Kontrak Ker...mentioning

confidence: 99%

The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses

Purnamasari,

Syarief,

Shahrullah

2023

sjh

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This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the requirements for the agreement’s validity subjectively and objectively. Non-Competition Clauses can potentially conflict with workers’ rights as regulated in Article 28D section (2) of the 1945 Constitution, Article 38 section (2) of Law Number 39 of 1999, and Article 31 of Law Number 13 of 2003, thereby violating the objective requirements of employment contracts based on Article 52 section (1) point d of Law Number 13 of 2003. Therefore, it recommended that relevant parties review and evaluate the implementation of Non-Competition Clauses in employment contracts in Indonesia. Before incorporating this clause into the employment contract, employers must consider the agreement’s validity requirements and workers’ rights. Furthermore, the employment contract should further explain the definition and scope of the Non-Competition Clause to avoid different interpretations. Meanwhile, the Government is recommended to create clear regulations concerning the legitimacy of Non-Competition Clauses in employment contracts. These regulations must consider the balance between protecting trade secrets and workers’ rights to employment and income. Lastly, Courts should prioritize protecting workers’ rights in resolving disputes related to breaches of the Non-Competition Clause, especially if employers cannot prove the workers have violated the company’s trade secrets.

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Section: Hasil Dan Pembahasan Klausul Non-kompetisi Dalam Kontrak Ker...mentioning

confidence: 99%

The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses

Purnamasari,

Syarief,

Shahrullah

2023

sjh

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“…The challenge in this context is the potential conflict between obligations set by CITES and the WTO. Compliance with one agreement may require sacrifices in certain aspects of the other agreement (Simbolon, 2023). For example, efforts to protect endangered species by CITES could limit trade and investment in specific sectors, which could conflict with the free trade principles embraced by the WTO.…”

Section: Pendahuluanmentioning

confidence: 99%

The Negative Investment List Policy in Indonesia: A Review of Free Trade and the Conservation of Endangered Fish Species

Simbolon

2023

sjh

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This study examines and analyzes the problems arising from the interaction between Indonesian investment measures and compliance with the international trade regime. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Indonesia has successfully justified the alignment of its Negative Investment List policy regarding endangered fish species, listed in Appendix I of CITES juncto Article XX of the GATT 1994. On another note, the Dispute Settlement Body may issue rulings with differing considerations. Nonetheless, the WTO Agreement and CITES are provisions established to provide adequate negotiation space for all their members. Thus, CITES and WTO member states should refrain from raising disputes over Indonesia’s investment measures if it restricts their economic interests and market access within Indonesia. Therefore, it is recommended that the WTO and CITES members recognize and appreciate the Negative Investment List policy in maintaining a balance between investment development and the protection of endangered fish species. Furthermore, stakeholders are urged to delve deeper into the principles and objectives of the WTO and CITES Agreements. Additionally, the members of the relevant organizations must collaborate in a spirit of solidarity and environmental awareness, prioritizing dialogue, consultation, and negotiation over dispute legal action that could complicate the situation. In this context, multilateral dialogue can serve as an effective platform for mediating diverse interests and seeking sustainable solutions that benefit the economy and the conservation of endangered fish species.

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Palm Oil Smallholders in Peril: Indonesia Urgency in Aiding Smallholders to Compete Fairly in their Playing Field

Yenny,

Simbolon

2024

sjh

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This research is conducted to express the urgency for the Government of Indonesia to adopt a regulation concerning the protection of palm oil smallholders. Such adoption is necessary since the partnership agreement between this minor group with the non-plantation enterprise is ineffective due to the conflicting interests between the Minister of Agriculture and the Minister of Industry. To achieve this purpose, this article is written based on doctrinal research by gathering rules under the MSMEs Law, the Competition Law, the Capital Investment Law, the Job Creation Law, and the SCM Agreement. This article is also supported by the justice fairness theory by Rawls. The first discussion of this article discusses the urgency to adopt this government regulation based on the MSMEs Law and the Competition Law which is to enforce the partnership agreement. Furthermore, the second discussion analyzes the Capital Investment Law and the Job Creation Law so that this aspired law shall balance the rights and obligations of the smallholders and the non-plantation enterprise. Last but not least, the third discussion discusses what to anticipate according to the WTO rules on subsidies. In the aftermath, this article suggested next research discussing the distribution of authorities between the MOA and the MOI.

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Implementation of the Fair Use Defense Doctrine and Minimum Standards Principle in Copyright Dispute Settlement

Cited by 4 publications

References 24 publications

The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses

The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses

The Negative Investment List Policy in Indonesia: A Review of Free Trade and the Conservation of Endangered Fish Species

Palm Oil Smallholders in Peril: Indonesia Urgency in Aiding Smallholders to Compete Fairly in their Playing Field

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