Patent Protection for The National Interest (original) (raw)
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Protection of the Right to Implement Patents in the Technology and Investments in Indonesia
TANJUNGPURA LAW JOURNAL, 2019
Today, businesses in industry and technology are faced with increasingly keen competition challenges. Business in industry and technology can be done by way of technology transfer, which is expected to increase on the absorption of investment and the provision of employment. For that very necessary regulation that can support the investment climate and technology transfer such as Patent law. Not only oriented inward with the spirit of nationalism but also must globalize or in accordance with international regulations in order to avoid clash with other countries. The purpose of this study is to examine the protection of patent application rights in Technology Transfer and Investment Absorption in Indonesia. This research method is normative juridical. This approach is the legal, conceptual and historical approach. This research includes descriptive research, Data used in this research is primary data and secondary data source. Data analysis techniques, which use is qualitative norma...
INTELLECTUAL PROPERTY PROTECTION IN FIELD OF PATENTS ON INDONESIA
International Journal of Multidisciplinary, 2019
and United Kingdom. With the theme: "The Role of Higher Education in Facing the 4.0 Industrial Revolution in Indonesia", we aim that the seminar participants gain and share knowledge and experience among the participants and speakers present at the event. Most of the Human Resources (HR) in Indonesia do not fully understand how the 4.0 industry has started to appear rapidly at this time, in the joints of the Indonesian economy. The low understanding of human resources in Indonesia goes straight with the emergence of inequality between the capabilities of local human resources and foreign human resources that began to participate in the current 4.0 industrial revolution in Indonesia. In addition, there are not many formal educations specifically preparing human resources in this field. Efforts that can be made by tertiary institutions to enhance their role are that special courses need to be made on Information and Communication Technology (ICT). If it already exists, then it needs to be deepened to be able to better understand the development of new technologies such as the Internet of Things (IoT), artificial intelligence machines or artificial intelligence (AI), physicalcyber systems and cloud computing. With the issuance of international proceedings, I would especially like to thank Mr. Mahir Pradana who has worked hard to facilitate seminar activities with UIC Barcelona. Our deepest gratitude also goes to UIC vice rector of Planning and Quality, Prof. Frederic Marimon, for having our participants in his remarkable university. Hopefully these activities can provide us motivation to always work and innovate in developing professionalism as lecturers.
AIP Conference Proceedings
The ratification of Law No. 7 the year 1994 concerning The Establishment of WTO following the TRIPS agreement raised awareness on the protection of intellectual property rights internationally. Traditional knowledge of indigenous people is a wealth of the nation and form of biodiversity that has to be protected, but in recent development and existence, it is weak in terms of protection of intellectual property rights. Many cases found the fact that developed countries are taking advantage of the traditional knowledge from developing countries such as Indonesia due to the lack of protection. The different idea of Intellectual Property Rights protection on TRIPS which more take sides to the private property and monopoly is contrary to the communal ownership of indigenous people on their traditional knowledge. The different interpretations of the "prior act" and public domain of the traditional knowledge that comes in the debate also raise a juxtaposition between the invention and synthesis of the knowledge and the product. Indonesia does not have sui generis laws governing traditional knowledge. Therefore, this paper will analyze: 1) How the intellectual property frameworks and protection of traditional knowledge; 2) The fair benefit-sharing mechanism as respect and protection to the traditional knowledge of the indigenous people in Indonesia.
2019
This study aims at law enforcement efforts to provide legal protection for Patent holders and the obstacles encountered in law enforcement Patents. This research method is normative juridical, using the approach of the law, conceptual and case. The data used in this study are primary and secondary data. The data analysis technique used is descriptive qualitative normative analysis. The aspect of law enforcement regulated in Law No. 13 of 2016 concerning Patents, including regarding the mechanism for abolishing Patents. Patent holders are required to make products or use processes in Indonesia. The Appeals Commission has the authority to write off Patents if the Patent holder does not meet the annual payment obligations. The Patent Holder/licensee has the right to file a claim for compensation to the Commercial Court against any person who intentionally and without the right to commit acts that harm the rights of the Patent holder. If you want to file a criminal claim for violation o...
Patents in Indonesia and Effect for Economic Development in the Era of Global
2017
Abstract: Implementation of the legal protection of intellectual property has become a central international attention, particularly in countries forward. Intellectual property has become the economic engine of the world in promoting economic growth and improving the welfare of the people's living standards. Application of the law has been used as a tool of economic development. Seriousness of government in the implementation of the law of intellectual property rights becoming one of the main aspects of the consideration for prospective foreign investors to invest in that country. This is understandable, because the issue of intellectual property rights, especially patents directly related to the technology. Law enforcement in the field of intellectual property rights is still weak in Indonesia, including the province of West Sumatra to be further improved in the future. West Sumatra region should be able to speak at national and even international level in terms of development ...
West East Institute, International Asian Academic, 2014
As one of countries member of World Trade Organiza tion (WTO) and World Intellectual Property Organization (WIPO), Indonesia must concern on and participate on initiatives to prevent infringement on intellectual property rights (IPRs). The objectives of this paper are to analyze and find answers on several problems as follows: firstly, to find the legal protection on intellectual property rights on traditional knowledge specific regulation in Indonesia which has not yet available; secondly, to find the concept of the governance of traditional knowledge which performs justice principle in term of supporting the economic development in Indonesia. This paper found that, first, the legal protection for traditional knowledge using the regulations of Intellectual Property Rights, in fact, cannot give a total protection. In essence, the protection of Intellectual Property Rights is monopolistic, exclusive, and individualistic making it to be private domain. This is much different from traditional knowledge more focused on public domain. The purpose of legal protection will not only avoid an unfair competition with Misappropriation but also for the economic development. Second, the governance concept of traditional knowledge will be perfectly designed by making a Sui Generis system, by creating a comparing document (prior art) as a defensive protection mean which accommodate the "benefit sharing" concept. In this concept, the custodian of traditional knowledge is the community. The existing regulation of Intellectual Property Rights after Indonesia ratified TRIPs cannot give any justice for the protection toward traditional knowledge for the existence of misappropriation.
International Journal of Arts & Sciences, 2017
The objectives of this paper are to analyze and find answers on several problems as follows: firstly, to find the legal protection on intellectual property rights (IPRs) on traditional knowledge (TK) specific regulation in Indonesia; secondly, to find the concept of the governance of traditional knowledge which performs justice principle in term of supporting the economic development in Indonesia. This paper found that, first, the legal protection for TK use the regulations of IPRs, although in fact, it cannot give a total protection. The purpose of legal protection will not only avoid an unfair competition with misappropriation but also for the economic development. Second, the governance concept with TK approach will be perfectly designed by making a Sui Generis system, by creating a comparing document (prior art) as a defensive protection mean which accommodate the "benefit sharing" concept. In this concept, the custodian of TK is the community. The existing regulation of IPRs after Indonesia ratified of agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) cannot provide any justice for the protection toward TK for the existence of misappropriation.
Contextually, patent granted by the government for inventors is an exclusive right, it can especially be considered as a freedom of inventors in order to be able to restrict others from producing, trading, and/or using their invention. 1 The rapid growth of technology and information increased the need for patent protection. The ideal patent protection will increase the competitiveness of the country, 2 besides, it is given with the intention of rewarding new inventions, incenting innovation 3 and being a stimulus for future inventions. In general, Indonesian Patent Law's content is based on the 'first-to-file' system just like most states in the world, except the United States (before 2013) and the Philippines (prior to 1997). 4 From historical point of view, this law substitutes the old patent law (Patent Law No. 6 of 1989 amended by Law No 13 of 1997 mainly because of the espousal to Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)-Law No. 7 of 1994 proved the true willingness of Indonesia to adopt the basic provisions of Uruguay Round Agreement: TRIPS. 5 In response to the ratification, Indonesian Patent Law affirmed five strategic national efforts, such as: revising previous patent law systems by harmonizing standards regulated under TRIPS, reforming patent management system, improving bilateral and multilateral cooperation, spreading public awareness on economic and social benefit of patents, and providing law enforcement to protect the exclusiveness of patent right. 6 After more than a decade of implementation, current Indonesian Patent Law still has some inefficiencies: low level of pro-activeness toward domestic modest innovations, uncertainty to grant protection for original inventors, and less spirit to
TRENDS OF GLOBAL VALUES IN LEGAL POLITICAL FORMATION OF INTELLECTUAL PROPERTY LAW IN INDONESIA
This paper attempts to discuss the trends of global values regarding IPR as well as TRIPS Agreement and the IPR law implementation in Indonesia. Moreover, this study would like to assess the suitability of global values contained in the IPR, by comparing its values with sociological worldview of local communities. The study was conducted by library research and by socio-legal approach. The results show that the IPR provisions contain some Western values such as individualistic, monopolistic, materialistic and capitalistic tendencies that seems incompatible with local worldview, especially of Indonesian people, regarding communal ownership. Moreover, the establishment of the principle and the method of IPR protection in the IPR legal system in Indonesia is expected to further emphasize the values derived from extracting local and national legal values that are characterized as having communal and spiritual tendencies in nature.