scholarly journals IMPLEMENTATION OF PATENT AND TRANSFER OF PATENT RIGHTS ACCORDING TO INDONESIAN PATENT LAW

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Abir Rafa Kamil
Keyword(s):  
Intellectual Property ◽  
World Trade Organization ◽  
World Trade ◽  
Trips Agreement ◽  
Patent Law ◽  
The State ◽  
Transfer Of Technology ◽  
Patent Rights ◽  
The Government ◽  
The Impact

AbstractIndonesia as a member of the World Trade Organization (“WTO”) is obliged to comply with the provisions stipulated in the Trade-Related Intellectual Property Rights Agreement (“TRIPs Agreement”) especially regarding Patents; therefore, the Government of Indonesia regulates the provisions regarding Patents by Law Number 13 of 2016 concerning Patent which has been amended through Law Number 11 of 2020 Concerning Job Creation (“Indonesia Patent Law”). Article 20 of Indonesian Patent Law regulates that “the implementation of Patents must be implemented in Indonesia which can be done by making, importing, and licensing.”. Related to the protection of patent rights granted, the state also hopes to transfer technology from Patent Holders; thus, their inventions can be produced and used without paying royalties to Patent Holders. However, the provisions regulated by the Government of Indonesia stipulate that the implementation of Patent can be carried out by importing, which will result in no transfer of technology from the Patent Holders to the state; thus, it will be detrimental to Indonesia. Therefore this paper will examine and explain the impact of applying Article 20 of the Indonesian Patent Law, especially regarding the implementation of Patent and transfer of Patent Rights.AbstrakIndonesia sebagai anggota World Trade Organization (“WTO”) wajib memenuhi ketentuan yang ditetapkan dalam Trade-Related Intellectual Property Rigths Agreement (“TRIPs Agreement”) terutama mengenai Paten, oleh karena itu, Pemerintah Indonesia mengatur ketentuan mengenai Patent melalui Undang-Undang Nomor 13 Tahun 2016 tentang Paten yang telah diubah melalui Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja (“UU Paten Indonesia”). Pasal 20 UU Paten Indonesia mengatur bahwa “implementasi Paten harus dilaksanakan di Indonesia yang dapat dilakukan dengan membuat, mengimpor, dan lisensi.”. Pada dasarnya terkait dengan perlindungan Hak Paten yang diberikan, negara juga berharap untuk terjadinya peralihan teknologi dari Pemegang Paten sehingga invensi mereka dapat diproduksi dan digunakan tanpa harus membayar royalty kepada Pemegang Paten. Namun, ketentuan yang diatur oleh Pemerintah Indonesia menetapkan bahwa implementasi Paten dapat dilakukan dengan importasi yang mana hal tersebut tidak akan menghasilkan peralihan teknologi dari Pemegang Paten kepada negara sehingga akan merugikan Indonesia. Oleh karena itu paper ini akan mengkaji dan menjelaskan dampak penerapan Pasal 20 UU Paten Indonesia khususnya mengenai implementasi Paten dan transfer Hak Patent.

scholarly journals State Use Provisions for Patent Law, and Expropriations: Some Comparative Law Guidelines for South Africa during the Covid-19 Crisis and Beyond

2020 ◽  
Vol 23 ◽  
pp. 1-35
Author(s):  
Mikhalien Du Bois
Keyword(s):  
South Africa ◽  
State Government ◽  
Patent Law ◽  
The State ◽  
Patent Owner ◽  
Canadian Law ◽  
Patent Rights ◽  
The Republic ◽  
The Government ◽  
Suitable Framework

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

scholarly journals Pelindungan Hak Paten atas Pengetahuan Obat Tradisional Melalui Pasal 26 UU No. 13 Tahun 2016 tentang Paten (Protection of Patent Rights on Traditional Medicine Knowledge Through Article 26 of Law No. 13 of 2016 Concerning Patents)

2019 ◽  
Vol 10 (1) ◽  
pp. 49-65
Author(s):  
Trias Palupi Kurnianingrum
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Patent Law ◽  
Benefit Sharing ◽  
Traditional Medicines ◽  
Patent Rights

Patent as a branch of Intellectual Property Rights (IPR) serves to protect inventions on the field of technology, one of them being medicine. The rise on the number of cases on the theft of genetic resources and traditional knowledge on the field of medicine for commercialization purposes shows that the protection of patent rights on traditional medicine knowledge is still not optimal. This article is the result of a normative juridical research which is supported by an empirical data, examines the protection of patent rights on traditional medicine knowledge and the implementation of Article 26 of Law No. 13 of 2016 on Patents (Patent Law year 2016). In the research results, it was mentioned that even though the TRIPs Agreement did not accommodate the traditional knowledge, the presence of Patent Law year 2016 complemented the Indonesian government's efforts to save the knowledge of traditional medicines from biopiracy and misappropriation. It is necessary to regulate the disclosure obligation in TRIPs agreement and further mechanism regarding benefit sharing and granting access to traditional medicines knowledge. AbstrakPaten merupakan salah satu cabang Hak Kekayaan Intelektual yang berfungsi untuk melindungi invensi di bidang teknologi, salah satunya obat-obatan. Maraknya kasus pencurian sumber daya genetik dan pengetahuan tradisional di bidang obat-obatan untuk tujuan komersialisasi menunjukkan bahwa pelindungan hak paten atas pengetahuan obat tradisional masih belum maksimal. Artikel ini merupakan hasil penelitian yuridis normatif yang didukung dengan data empiris, membahas mengenai pelindungan hak paten atas pengetahuan obat tradisional dan implementasi Pasal 26 Undang-Undang Nomor 13 Tahun 2016 tentang Paten (UU Paten 2016). Di dalam hasil penelitian, disebutkan meskipun Perjanjian Trade-Related Aspects of Intellectual Property Rights (TRIPs) belum mengakomodasi pengetahuan tradisional namun hadirnya UU Paten 2016 melengkapi usaha pemerintah Indonesia dalam menyelamatkan pengetahuan obat tradisional dari biopiracy dan misappropriation. Perlu pengaturan kewajiban disclosure di dalam Perjanjian TRIPs dan mekanisme lebih lanjut mengenai benefit sharing dan pemberian akses atas pengetahuan obat tradisional.

IV. Intellectual Property

2001 ◽  
Vol 50 (3) ◽  
pp. 714-724
Author(s):  
Joe McMahon ◽  
Catherine Seville
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
Global System ◽  
The World

This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.

scholarly journals yeni susanti_165100114

2019 ◽  
Author(s):  
Yeni susanti
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Applicable Law ◽  
Patented Product ◽  
Patent Rights ◽  
Full Power ◽  
The Government ◽  
Law Regulation

The basis of patent law itself is very complete explained in the patent law regulation number 14 of 2001. In the government-compiled law it is written that the filing of patent rights on an invention or invention has requirements that need to be fulfilled.In Indonesia, patents will be highly protected to protect the intellectual property rights of every Indonesian. According to the applicable law, namely Number 14 of 2001 inventor who has patent rights for a product or idea, has full power and can process persons who commit plagiarism, distribute and trade the patented product into legal channels in accordance with the basis of patent law regarding violations of criminal provisions in Chapter XV.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

Ch.10 Layout-Designs (topographies) of Integrated Circuits

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Integrated Circuits ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Trips Agreement ◽  
National Treatment ◽  
The Us ◽  
Treatment Principle

This chapter demonstrates how World Trade Organization (WTO) Members are bound to accord the treatment provided for in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to the natural or legal persons that meet the criteria of eligibility for protection provided for under the 1989 Washington Treaty on Intellectual Property in Respect of Integrated Circuits, subject to the exceptions to the national treatment principle provided for therein (Article 3.1 of the TRIPS Agreement). Section 6, Part II, of the TRIPS Agreement essentially obliges Members to comply with the Washington Treaty. This obligation applies irrespective of the fact that the Treaty never entered into force. The protection of integrated circuits is the newest chapter in the intellectual property field. The first country to introduce a sui generis regime with that purpose was the US in 1984, followed by Japan in May 1985. With Section 6 of the TRIPS Agreement, the US and Japan obtained what they were unable to reach with the negotiation of the Washington Treaty. The Agreement gave them an opportunity to correct what they deemed weaknesses of the Washington Treaty, notably, the provisions relating to compulsory licenses, importation of products containing infringing semiconductors, and innocent infringement.

Intellectual property law: Industrial property

2019 ◽  
Author(s):  
Любовь Гончаренко ◽  
Lyubov' Goncharenko ◽  
Ольга Лосева ◽  
Ol'ga Loseva ◽  
Владимир Павлов ◽  
...  
Keyword(s):  
Higher Education ◽  
Intellectual Property ◽  
Integrated Circuits ◽  
Legal Regulation ◽  
Patent Law ◽  
Educational Process ◽  
Federal State ◽  
Industrial Property ◽  
Patent Rights ◽  
The Government

The textbook reveals the features of legal regulation of industrial property. The book deals with the General provisions of patent law, subjects and objects of patent rights, the concept and content of patent rights. Special attention is paid to non-traditional objects of intellectual property: selection achievements, secrets of production (know-how), topologies of integrated circuits, issues of legal regulation of trade names, trademarks, commercial designations and appellations of origin of goods are subject to consideration of their evaluation. For better assimilation of the material, each Chapter of the textbook ends with a workshop, which includes a thesaurus, control questions and tasks, practice-oriented and test tasks, a list of recommended sources. Meets the requirements of the Federal state educational standard of higher education of the last generation. The textbook is intended for use in the educational process in the direction of training 40.03.01 "Jurisprudence" (bachelor level) at the Financial University under the Government of the Russian Federation, as well as in legal educational institutions of higher education.

China’s Biotechnology Industry and the International Protection of Intellectual Property Rights

2004 ◽  
Vol 1 (5) ◽  
Author(s):  
Laura J. Loppacher ◽  
William A. Kerr
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
Future Development ◽  
World Trade ◽  
Biotechnology Industry ◽  
International Protection ◽  
Knowledge Industry ◽  
The Government

AbstractIntellectual property rights were an anathema to the Marxist philosophy that dominated China for the second half of the 20th century. China's recent economic reforms have recognised the need for property rights in a market-oriented economy. Further, China's accession to the market oriented World Trade Organization (WTO) requires that it become legally compliant with the WTO's Agreement on Trade Related Aspects of Intellectual Property (TRIPS). China has, however, struggled to put in place an effective legal regime for intellectual property. Agricultural biotechnology is a knowledge industry. While China has worked hard to develop a domestic biotechnology industry, it is almost entirely funded by the government. Both because the investment demands of the Chinese biotechnology industry exceed the funds that can be made available by the government and to fully capitalize on the industry's potential requires the participation of foreign biotechnology firms, intellectual property protection for biotechnology has become of central importance to its future development. This paper reviews the progress China has made in putting in place an internationally compliant intellectual property regime for biotechnology. The constraints and prospects for the future development of the biotechnology industry in China are reviewed.The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property. (World Trade Organization, 2004a, p.1)

scholarly journals PECULIARITIES OF PARTICIPATION OF UKRAINIAN AGRICULTURAL ENTERPRISES IN INTEGRATION PROCESSES

2021 ◽  
Author(s):  
Lidiya Seniv ◽  
Vitaliy Humeniuk
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
International Market ◽  
The State ◽  
Food Sector ◽  
General Direction ◽  
Advantages And Disadvantages ◽  
The World ◽  
Food Market ◽  
The Impact

The integration processes in the modern world, caused by the dynamic globalization, which covers all sectors of the world economies, including the agri-food sector, which provides the world's population with food, are considered. The peculiarities of unification of national agri-food markets into a single world market and adaptation of domestic state policy of agricultural regulation in accordance with the principles defined by the World Trade Organization and the general direction of the common agricultural policy of the European Union are described. The peculiarity of the agri-food sector of Ukraine, which consists in the degree of development of domestic agriculture and ways of implementing the regulatory policy of the state in this area, is described. A study of the integration processes of the Ukrainian agri-food market and the imperfection of mechanisms for regulating the activities of agri-food enterprises by the state, which necessitates the adaptation of integration processes to international requirements. The advantages and disadvantages of enterprises entering the international market after Ukraine's accession to the World Trade Organization are considered. The impact of the biodiversity strategy until 2030, adopted by the European Commission, on the activities of domestic agri-food enterprises, the competitiveness of their products on the international market and stimulating the production of environmentally friendly products has been studied. The main Ukrainian exporters of agricultural products on the European agricultural market and the rating of the main demanded goods are studied. It is analyzed that the agri-food market of Ukraine functions in the conditions of strengthening of internal and external integration processes. The internal integration processes characterized by the vertical integration of Ukrainian agri-food enterprises, which contributes to the significant development of the agri-food sector, are considered. It is proved that the private form of land ownership is dominant in this market, the monopoly position is occupied by domestic agricultural holdings, which intensifies imperfect competition in the market.

Biotechnological Patents and Morality

2013 ◽  
pp. 1417-1427
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

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