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Other research product . 2011

Perlindungan Hukum Terhadap Penerima Lisensi Paten di Indonesia

Lubis, Munawar;
Open Access
Published: 11 Aug 2011
Country: Indonesia

Indonesia is still a country of patent-protected technology consumers because majority of the patent found in Indonesia are owned by foreign citizens and corporate bodies. One of the institutions bridging between patented products and their consumers is Patent License. So, it is predicted that the development of patent license in the future keeps increasing. Patent License agreement is purely handled by private companies without government’s intervention. The parties involved in this agreement do not have to announce the contents of license contract to the government. Due to lack of information, no obligation to report this contract to the government even to the public and the weaknesses found in several Articles of Law No. 14/2001 on Patent, in practice, these contracts can contain the clauses that can inflict loss to the licensee or even to the national economy and the ability of the people of Indonesia in mastering technology. Eventually, we have to admit the fact that, up to now, the licensee have not yet given adequate legal protection in Patent License Agreement in Indonesia. This study employed the normative juridical method based on secondary data and emphasized the steps of theoretical speculative and normative-qualitative analysis. The purpose of this analytical descriptive study was to describe the situation or condition of the existing problem and the study framework was limited to only analyze the legal protection for the patent licensee in Indonesia. The data for this study were obtained through library research. All of the data obtained were then analyzed. The conclusion of this study was drawn based on deductive-inductive method. The result of this study showed that the rights and responsibilities of the parties involved in Paten License Agreement in Indonesia can be freely determined based on what is wanted by the parties involved in accordance with freedom of contract as one of the legal principles of Patent License Agreement in Indonesia. But, the application of the principle of freedom of contract in Patent License Agreement is not absolute in nature, because it is regulated and limited by law No.14/2001 on Patent and Law No. 5/1999 on Prohibition of Monopoly Practice and Unhealthy Business Competition. Yet, there is a problem existing in terms of Patent License Registration in Indonesia, namely, if the parties involved in the making of the license agreement do not register the license in the Patent Office under the reason of freedom of contract, the Patent Office cannot give them any sanction. In addition, there are three things that become the constraints in providing legal protection for the Patent licensee in Indonesia such as the choice of forum and the choice of law, the stipulation of Article 71 of Law on Patent, the practice of restricted trade. In terms of dispute settlement, according to law No.14/2001 on Patent, it is stated that the settlement of Patent dispute can be done through the process of dispute settlement out side of the court as well as the process of dispute settlement in the court. 097005053


Legal protection, Patent Licensee