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Abstract
Nowadays, In online commerce world, was stated that it is very important for E-commerce to protect
and safeguard their Intellectual Property, or ensuring if the assets are not in contact with the Intellectual
Property Competitor or even content that is used does not intersect with the law. Everything contained in
it must have the properties: fully owned companies, have permission to use it, there is in the public
domain, that should be enwrapped in use. People should be aware of making transaction in online
marketplace and be wise while make some transaction in online commerce. We research some regulation
that managed by 4 different e-commerce. Define the challenge and advantage in each marketplace related
to the law of their Intellectual Property. This research ease you to clearly know how to behave ethically in
some Indonesian Marketplace in order to obey the Intellectual property Law in Indonesia.
Keyword: E-commerce, Intellectual property, Law
1. PENDAHULUAN
1.1. Background
Nowadays, precisely in Indonesia the word of e-commerce has become an integral part
of everyday life. Its not become the privilege of people to access the e-commerce, yet
become neccesity of people to do so, particularly in the urban areas. There are
alternative e-commerce platforms available (instead of the traditional physical
platforms) for almost every aspect of our lives, starting from purchasing of everyday
household items to online brokage. Based on a study by Google and Temasek, noted that
the pace of e-commerce in Indonesia reached 25% annually[6][7]. Strong growth will
provide high accessibility for people in choosing, as well as the risk or threat for the E1
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commerce [6] [7]. Mentioned by the Word Intellectual Property Organization, it is very
important for E-commerce to protect and safeguard their Intellectual Property, or
ensuring if the assets are not in contact with the Intellectual Property Competitor or even
content that is used does not intersect with the law [9]. There are several reasons also
why Intellectual Property itself is an important asset, E-commerce is not just a business
system, but also involves a transaction products and services based on the license and its
IP, so IP is itself a component of the value of a transaction in E-commerce. IP is
important because of the value traded on the Internet must be protected, using
technological security systems and IP laws, or they can be stolen or hacked resulting in
the entire business can be destroyed [9] [10]. Business e-commerce and the Internet is a
business that is based on patents and licenses of the product, where that product
development also involves technology which sometimes implementing and make it use
of the existing services. This is because, it is not possible to make the technology
services that are all independent, so the E-commerce businesses themselves are
cooperating among companies to share through licensing. intellectual property of the
opportunities and risks in the business [10]. Everything contained in it must have the
properties: fully owned companies, have permission to use it, there is in the public
domain,
that
should
be
enwrapped
in
use
[9].
With that very important for E-commerce to understand the problems of Intellectual
Property, Intellectual Property assets that can make running a business and creating
value for the company, it is because each of the actors involved in e-commerce
transactions involving each component value. However, as revealed by WIPO that is not
common, if the businessman, violate the values of Intellectual Property, and therefore
need to realize that the very importance of Intellectual Property for the operation of the
business, especially e-commerce [10].
1.2. Problem Formulation
In the formulation of the problem, describing the comparison of intellectual property on
e-commerce:
1. How terms and conditions analysis related on Intellectual Property between the
Elevenia, Bukalapak, Tokopedia and OLX?
2. How legal analysis related to the case studies?
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1.3. Purpose
From the background and problem formulation has been described, then the purpose of
the making of this paper is to compare the problems of intellectual property of each ecommerce Elevenia, Bukalapak, Tokopedia, and OLX.co.id with the specific objective
of this papaer as follows:
1. Knowing how the rules and conditions of each marketplace related on
intellectual property issues.
2. Knowing the legal analysis on intellectual property related to the maketplaces.
1.4. Benefits
The benefits of writing this paper is considering of the two parties below:
1. For writer
Provide knowledge about the analysis of the differences & similarities of the
various companies in the marketplace or regulating the handling of intellectual
property issues in carry out its business.
2. For reader
Gives an overview of the differences and similarities of the various companies
in the marketplace or intellectual property issues management while running
the business.
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Issue
Metodhology
Preserving
intellectual
Result
conducted in-depth
counterfeit
counterfeiting tactics to
rights[11].
market
quandary[11]
The
importance
Intellectual
of
Property,
product
development
specifically on agro-based
local
products[12].
1972,
Perbadanan
governments
and
other
Harta
Act
Trademark
Trademark
1976,
(Amendment)
Act 2011[12].
SMEs[12].
-
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for accelerated grant of IP rights
and
of
lower
or
discounted
Analysis
of
Intellectual
of
economic
perspective,
Reserve University[13].
impacts
intellectual
of
analysis
the
property
systems[13]
negative
Issue
protection[13]
Article
observation
global marketplace,
organization awareness to
the Kelley
considerations associated
Schools
review,
Issue
(Business
Institute
Indiana
for
actions[14].
Universitys
Analysis
Property
knowledge
among
Enterprise
of
Intellectual
Conflicts
in
transfering
E-commerce
enterprise
Analysis
Property
Intellectual
Conflicts
knowledge
by
Enterprise
individual
E-commerce
by
quantifying
perception,
transferring
among
in
EC enterprises,
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identification in knowledge
notation
and
transferring
modeling hypothesis.
The
conflict identification in
among
EC
enterprises[15].
hypothesis
judgment
employees
of
of
relative
knowledge
needed to be solved[15].
XL Axiata,
Planet
Business Model
Bukalapak
SK
Tokopedia
OLX.co.id
Suitmedia
Tokopedia,
Softbank Internet
and Media Inc.
dan
Sequoia
Capital.
OLX.co.id
C2C
C2C, B2B2C
C2C, B2B2C
C2C
E-Commerce
Model
Marketplace,
Escrow
Marketplace,
Escrow
Marketplace,
Escrow
Listing Ads
Achievement
2 million active
products,
8,000
orders every day
Increasing
the
seller 30% / month
and 3.3 million
active products
Features related
to
Intellectual
property
Report on product.
but there is no
specific instance
Call Bukalapak
Contact
Tokopedia
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of IP category
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c. Tokopedia
PT. Tokopedia is a limited liability company that runs business activities
www.tokopedia.com web portal, a site search and store goods sold by the seller
is registered. Hereinafter referred Tokopedia[19].
There is some advantage in using the services of Tokopedia on Intellectual
property issues because Tokopedia has feature for complaints related to
intellectual property issues on page Contact Us[20]. But at the specific terms the
explained that Tokopedia is not responsible for the upload of user content that
may be offensive or subscribe intellectual property rights. It was explained on
these terms, :
1. At the point describing the trade mark, explained that
The other party is prohibited by law to use or in the name with the
name and / or logo "Tokopedia" for the benefit of certain individuals
and groups without special authorization granted to it, with or without
the knowledge Tokopedia. Violation of this article will be subject to
copyright infringement and intellectual property rights[19].
2. At the point of Hot List, is explained that
Hot list contains images and text that may be in it is tangent to the the
intellectual property rights of others if your party objected to the
image and / or text that is in the Hot list Tokopedia, then the party you
can contact us via Website Customer Center to takedown for the hot
list[20].
3. At the terms and conditions of Content, explained
When users uploading to the site Tokopedia with the content or posting
content, Users give Tokopedia non-exclusive, worldwide, continuously,
irrevocable, royalty-free, sublicensable (through multiple tiers) right
to exercise any and all rights reserved , publicity, trademark, database
rights and intellectual property rights that users have in the content, in
any media now known or in the future. Furthermore, to be fully
permitted by applicable law, you waive any moral rights and pledged
not to assert those rights against Tokopedia[19].
Users guarantee that does not infringe the intellectual property rights
in the User Content uploaded into the site Tokopedia. Each User is
personally responsible for violations of intellectual property rights in
uploading the content on the Site Tokopedia[19].
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User agrees that users will not ask Tokopedia responsible for any
inaccuracies in the catalog[19]. Catalog may include copyright,
trademark or other proprietary rights[19].
4. At the points of Limitation of liability explained
To the extent permitted by applicable law, Tokopedia (including the
Parent Company, directors, and employees) are not responsible for,
and you agree not to hold Tokopedia responsible for any damages or
losses (including, but not limited to loss of money, reputation, profit ,
or other intangible losses) resulting directly or indirectly from:
Violation of Intellectual Property Rights[19].
d. OLX.co.id
OLX is a company engaged in the field of services of online selling and buying
that provide a place for people who are selling items that are considered are not
used but still in good condition and want goods that are not used can make
money from that.
There is no advantages in using services of OLX.co.id related of intellectual
property issues because there is no special feature in intellectual property
protection explained by OLX.co.id. And in the other way compared with other
marketplace, OLX.co.id is a marketplace that does not include specific and only
notify OLX exemption for any claims relating to any content or activity that
arises when accessing applications on Intellectual Property.
In the OLX.co.id general policy explanation, companies break away from all
claims for compensation resulting from the company described in point
compensation, which reads as follows:
Users agrees to release, defend and hold harmless OLX Indonesia,
company affiliations and directors, trustees, officers, employees and
agents, from and against any and all claims, liabilities, damages and
expenses (including legal fees, damage awards, and settlement amounts
were reasonable) arising out and related to or which may arise from the
use and / or access to the Service; violation of a condition in these
General Terms and Conditions, Privacy Policy and Prohibition of
Advertisements by the user; breach of any rights of any third party,
including but not limited to intellectual property rights, assets either in
the form of movable property or immovable property, rights of privacy;
and / or claims with respect to the material that caused losses to a third
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party. In this case OLX Indonesia may also participate in a joint defense
with counsel of his choice.
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Thank-you note
We thank our lecturers, Mrs. Nur Aini Rakhmawati and the earlier researchers who
helped us researching this study.
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DAFTAR PUSTAKA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
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Hubungi
Bukalapak,
Bukalapak.
[Online].
Available:
https://www.bukalapak.com/supports/contact_us. [Accessed: 13-Dec-2016].
19. Terms & Conditions, Tokopedia. [Online]. Available: https://www.tokopedia.com/terms.pl.
[Accessed: 13-Dec-2016].
20. Pusat Bantuan, Tokopedia. [Online]. Available: https://www.tokopedia.com/bantuan. [Accessed:
13-Dec-2016].
18.
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Team Contributions
Nikolaus Herjuno :
1. Collect & Analyze early research related to Intellectual Property in E-commerce
case (related study matrix)
2. Define problem definition, background definition
3. Define and Construct Matrix Comparison between E-commerce Enterprises
4. Doing paper review againts law and any other regulation based on International
Act of Intellectual Property Rights
Marina Safitri :
1. Collect & Analyze early research related to Intellectual Property in E-commerce
case (related study matrix)
2. Define the matrix about differences among some e-commerces in business and
law field, how to manage their IP and how they manage this business
3. Explanation in literature review and Act regulated Intellectual Property Issue
4. Explanation in each e-commerce (Bukalapak, Tokopedia, Elevenia, OLX) how
they regulate their Intellectual Property in certain transaction.
Ikhwan Aziz :
1. Collecting and analyze the difference of advantage and disadvantage between the
study cases
2. Collecting and analyze the difference of intellectual property terms and condition
on each study cases
3. Analyze the legal on intellectual property that associated with some real case of
the company
4. Collecting the literatur review related on intellectual property
5. State the goal and the relevance of the paper
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