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

Indonesia 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.

Productive Development Partnership in Brazil

Brazil was one of the first countries to adopt significant health policies to better attend people with HIV. The integrated analysis of the high cost of medicines, public health, and access to medicines comprises an extremely complex task, and Productive Development Partnerships (PDP) was the mechanism used by the Brazilian government, with a view to technological development and training of national production complex. The PDP of atazanavir was formalized in late 2011, and the agreement includes the transfer of technology, manufacturing, and distribution of the drug. The PDP emerges as a solution found by the government to minimize the Ministry of Health drug spending and encourage the local production. However, one should not ignore that there are risks associated with regulatory barriers and problems in negotiations with the holders of technology. Thus, this chapter presents a case study of the successes the management information of the productive development partnerships in Brazil as a collaborative tool for global health.

Balancing Bureaucracy and Communal Values in Diffusing the Innovation Process: Strategic Communication Challenges from the Malaysian Perspectives

The transmission of agricultural messages such as innovation in agricultural settings requires good planning from a strategic communication viewpoint. Moreover, there has been a call from various quarters that demand a holistic approach to solve this miscommunication issue. Thus, this study aims to understand the experiences of senior officers who are in charge of managing transmission of agricultural knowledge and training in various agriculturally based organisations. In-depth interviews were conducted with experts representing local and federal research-based and execution agencies. The data were analysed thematically. The interview protocol was developed from a literature review and tested on an expert who was also in the field of agriculture. The findings indicate that the bureaucracy system negates transfer of technology to the recipients, while communal culture presents as stimuli for successful diffusion of innovation. Thus, balancing bureaucracy and communal values offers a positive impact on the transfer of new technology to the recipients. The results offer a new understanding on the complexity of transfer of innovation knowledge and practices in terms of planning and implementing phases faced by the officers. To add, within the context of the study, top-down and bottom-up communication strategies need to be realigned to ensure the sustainability of effective innovation transfer in Malaysia. Future research could address the different scope of communication aspects in these organisations and extend our in-depth interview approach to various officers at national and regional levels. Keywords: Bureaucracy, communal values, strategic communication, experts, innovation.

Technical and Vocational Education and Technology Transfer: Departments of Civil Engineering Technology at the Public Authority for Applied Education and Training, PAAE&T, Kuwait, As A Case Study

Technology transfer is the main ingredient of technical and vocational education. The transfer of know-how and know-why can take several forms either within technical and vocational institutions boundaries such as: transfer of technology from research and development department to other academic departments or interactions and exchange of technology between academic departments. The transfer of technology can transcend technical and vocational institutions boundaries to allow a free transformation and exchange of technology with local and international industries and business. The main objective is to enhance the quality of technical and vocational graduates as well as to provide industries and business with the require skilled and semi-skilled manpower able to managing, maintain, adapt, and monitor the technology applied in various production processes. Therefore, for a successful transfer of technology, a mutual interest has to be achieved for both parties (the provider of technology and the recipient of technology). The management of technical and vocational education must exert their time and efforts to gain the best fruitful results from the transfer of technology in enhancing their academic capabilities (e.g., upgrading the standard of workshops and laboratories, applying and effective scheme for reviewing and assessing curriculum development, enhancing staff competencies) in order to meet the quality assurance standard in producing a high quality of graduates. In this paper, I present some of the empirical results and observations which describe the interactions between the supplier of technology (Civil Engineering Technology) and the recipient of the technology (PAAE&T) in the field of technology transfer. In other word, whether the PAAE&T have taken the opportunity, while building its new headquarter, in the transfer of technology from the supplier Civil Engineering Technology to its academic staff in its various Civil Engineering Academic Departments in its various colleges and institutions. The paper argues that, for effective and efficient transfer of technology, the recipient (PAAE&T) must ensure that the agreement with the supplier of Civil Engineering Technology include calluses that would allow the PAAE&T academic staff in the Civil Engineering Academic Departments in its various colleges and institutions to acquire the technology embedded in the agreement. The paper concludes that the transfer of technology and the building of a local scientific and technical infrastructure must be viewed by Kuwaiti decision-makers as a complementary to one another. Thus, reducing, to great extent, the level of dependence on expatriate, particularly in essential sector of the economy.

Evaluation of Academic Quality Assurance Program at Sultan AMAI State Islamic Institute Gorontalo

This study aims to determine the evaluation of the academic quality assurance program at the Sultan AMAI State Islamic Institute of Gorontalo. The method used in this research is the descriptive method with the CIPP model (Context, Input, Process, Product). Data collection techniques used were observation, interviews, and documentation. The results showed a lack of alumni readiness to enter the business and professional world so that there were some alumni from one of the departments who had a long waiting period; There are still many departments/study programs that are accredited C. There is still a lack of professional staff in the field of research and community service; There is still a lack of research and community service involving students; Lack of application/transfer of technology as a result of community service with community needs; Internal service programs were still dominant; The community service partnership network has not been maximized; Not yet well-coordinated the target areas/villages; Weak monitoring and evaluation of community service programs, so that it cannot be ascertained that its implementation is in accordance with the scientific field.

AN ANALYSIS ON INDIA’S MILITARY DEVELOPMENT AND SUCCESS OVER THE YEARS

India has signed agreement with Philippines BrahMos and now India is going to sign deal with Korean next Gen gunship. India is emerging as an alternative to China in export of defense items .India’s Made in India programme has led to the development of indigenous products with both Public and Private sector involved and also start-ups and small enterprise have entered, Today, India has the largest ground force in the world and the 4th largest army, it has world’s finest weapons, aircrafts and submarine. Since Independence India has advanced its defence sector with research and development , along with making India a nuclear state and production of dangerous weapons , along with that Indian has around 120-130 warheads and have exported artillery to UAE , missiles and aircrafts to Maurities and Myanmar , in the upcoming years it is going to amplify its export market. With upcoming threats from China and Pakistan, India has also strengthened its nuclear weapons. India has signed agreement with 20 countries for the transfer of technology and use of dual use technology. Keywords: Indian, defence, indigenous product, artillery export, China, Pakistan, nuclear weapons, ground force.

Work Performance of Extension Agents: Skills of Transfer of Technology and Human Resource Development in Cocoa Industry

Transfer of technology (ToT) and human resource development (HRD) are essential components to acknowledge extension agents’ performance. Understanding the foundations and implications of ToT and HRD is vital for improving agriculture extension agents in research and extension programmes. This study was designed to determine extension agents’ ToT and HRD skills to explain the work performance of Malaysian Cocoa Board (MCB) extension agents in East Malaysia. A total of 315 productive cocoa farmers exposed to the extension activities for a minimum of five years and had attended two basic training from the agency were selected to answer the questionnaire within a month. The researcher applied Krejie and Morgan formula to determine the sample size based on the population using stratified random sampling. The data were analysed using descriptive statistics, multiple regression and Pearson correlation analysis. Results showed a positive and moderate relationship between ToT and HRD towards work performance. However, from the six variables tested, only three variables were significant towards work performance, namely technical skill (p=0.000), leadership skill (p=0.015) and decision-making skill (p=0.000). Therefore, the extension agents’ skills must be strengthened, their working knowledge updated, and new concepts for developing agriculture that can fulfil complicated demand patterns, reduce poverty and pressure and increase productivity must be developed. This study also strengthens the iceberg model by adding six characteristics of skills in extension agents. The outcomes would contribute to the policymakers and MCB’s management in elevating the extension agents’ performance through training and developing ToT and HRD.

A Survey: The Role of Research and Development in Securing the Effective Transfer of Technology

The investment and progress made in the transfer of technology by the Gulf cooperation council (GCC) countries to industrialize their countries are briefly reviewed. About 31.42 billion US$ was spent between, and 2005 to 2015 establish over 3280 industrial operating plants. Manufacturing industry and other sectors contribution to national income has increased significantly. However, serious difficulties and obstacles still face the GCC industry, and these are specified and reported. The status and level of expenditure of R & D were low, and the present R & D system is deficient. These might have been partly responsible for the above industrial problems. Arab countries spent 0.76 % of their GNP on R & D in 1989 compared to 2.92 % of GNP by developed countries. The expenditure on R & D is increased by 10 % for the same period. Examples of indigenous R & D showed success in achieving innovative technologies because the environment for R & D was right. Some corrective measures to present R & D systems are recommended.

Partnership model for sericulture development to improve farmer’s welfare (a case study at bina mandiri farmer group at Sukabumi Regency)

One of the agro-industrial sectors that has the potential to improve the welfare of the community is sericulture. Sericulture is an activity in the silk agroindustry, ranging from mulberry cultivation, silkworm cultivation, yarn, and fabric production to marketing. However, 95% of domestic demand for silk yarn is still imported from China although the quality local silk yarn is not inferior to Chinese products. Problems hindering silk development in Indonesia include limited capital and access, technology, and markets. Also the lack of policy supports for the development of sericulture. This paper presents partnership patterns in sericulture development between related parties (government, entrepreneurs, and silk farmers). The research was conducted at the Bina Mandiri Farmers Group, Sukamaju Village, Kadudampit District, Sukabumi Regency. The research method used was descriptive qualitative. The results showed that the partnership pattern developed was the plasma nucleus pattern. The step of cooperation in forming a business partnership is one strategy to develop a business for farmers. It requires maximum support from entrepreneurs through training packages for farmers. Guidance is carried out through the transfer of technology for enhancement productivity to increase farmer’s competence. In addition, coaching is also carried out by developing sericulture agribusiness institutions through cooperatives to improve farmers’ welfare further.