Belinda Rosalina, who is a registered Consultant of Intellectual Property Rights, has just finished her doctorate degree from the Law Faculty of Universitas Indonesia. She successfully passed her final examination on 19 June 2010 and presented a doctoral paper with a title "Architectural Work Protection in Copyright Law: Substantial Similarity Perspective of the Dispute on Copyright Architectural Work".
Dr. Belinda Rosalina is the daugther of Mrs. Amalia Rooseno who is also a registered Consultant of Intellectual Property Rights and founder of Amroos & Partners, which is one of the leading IP law firms in the country.
Abstract of the doctoral paper:
There are some shortcomings of architectural work protection in Indonesian Copyright Law, those are the term of clarification, clariy and comprehensiveness. Such shortcomings create negative impact for architects in particular and the public in general. In relation thereto, improvements should be made in the coming Copyright Law among others on the concept of architectural work protection by comparing them to the Copyright Law of other countries. Hence it is proposed that its revision on architectural work adhere to American Architectural Works Copyright Protection Act (AWCPA), while also equip with the definition of Copyright Law of other countries. As regards on moral rights, it is recommended to comply with the provision of Australian moral Rights which consider the moral rights of Architectural Work of the creator (Author), with several modification. Not less important is the understanding on the exact formulation on how to determine the existence of substantial similarity if there is a dispute in copyright architectural work. Copyright protection on architectural work can be provided by stipulating on the Copyright provision into an agreement between architect and service user. Departing from these constructions of the legal protection, it is expected that architectural work could be well-protected and the creator's (author's) right could be more preserved.
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