ANALISA YURIDIS SENGKETA CIPTAAN ANTARA YAYASAN HWA ING FONDS DENGAN BUDI HALIMAN HALIM

In this paper will be discussed about the copyright which is giving a legal protection to the owner as the copyright holder of the creation, and based on Article 12 (1) Copyright Law (UUHC) which also regulate about logo. Legal protection which is given to the copyright holder was not for the registration, but given for the ideas which are resulting into creation, this is because creations were born from ideas and has a distinctive and special traits. Related to Foundation Hwa Ing Fonds and Budi Haliman Halim case, actually Foundation Hwa Ing Fonds still has the copyright of the created shield-shaped logo background with the sun shining on the left and right castle and it says Cina Hua and Yuan has been used since 1929. Meanwhile, Budi Haliman Halim registered the same logo because he saw no registration done for the related logo, the registration done by Budi Haliman Halim did not obtain legal protection from UUHC, and the logo registered as fake because the logo was created by the idea of Foundation Hwa Ing Fonds.