PERLINDUNGAN HUKUM TERHADAP PATEN ASING MENURUT UNDANG-UNDANG NOMOR 14 TAHUN 2001TENTANG PATEN

RIALITA , RISKA (2008) PERLINDUNGAN HUKUM TERHADAP PATEN ASING MENURUT UNDANG-UNDANG NOMOR 14 TAHUN 2001TENTANG PATEN. Other thesis, University of Muhammadiyah Malang.

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Abstract

Law protection to the foreign patent which has been listed in Indonesia similar with the law protection given to Indonesia’s patent, it’s when there was technology plagiarism to foreign patent listed, there could be accusation of patent cancellation according to Patent Law. This writing had statement of problems : (1) From the Law No.14 / 2001 about patent perception, should the foreign patent be listed according to the priority rights ? (2) Had the Law No.14 / 2001 about patent given law protection to the foreign patent in Indonesia ? The writer used juridical-normative research method, which paid attention to the law and existing norm in law form. Data sources were primary and secondary data. Primary data was collected from Patent Law and several related rule to the thesis focus and secondary data from primary law, like books, magazine, paper, Internet, thesis. This final assignment aimed to find out the rights of foreign patent according Law which should be listed according to the priority rights, to find out the application of foreign patent listed in Indonesia. According to data analysis, there could be concluded that Law protection for foreign patent in this term is foreign patent which was listed by priority rights according to section 27 and 28 Patent Law. The patent listed by priority rights didn’t mean that the patent would be prior to be protected. Priority mean that the case which harmed the patent holder in material, like selling, renting or another action used patent without any permission or gave royalty to the legal patent holder, so that it caused loss to the patent holder. Just as happened in foreign patent case owed by Takeda Chemical Industries, Ltd with Patent applicant No. 000483 in date 4 October 1991, titled" Micro Capsule which able to release uterus in slow way”. This priority application has been rejected by Directorate General of Patent since it had shortage in patent, so that in law, the patent application should be rejected since it didn’t fulfill the rule of invention in the section 1, 2, 3, and 5 patent Law. Foreign patent law was similar with Indonesia Patent. The differences only if the foreign patent in a country should use priority rights as stated in section 4 Paris Convention while in Indonesia Patent Law itself has been arranged in sectio 27 and 28 patent Law. The Law protection to foreign law in Indonesia existed when there was imitation of foreign law technology which had been listed, so there could be stated a patent cancellation. When there was violation which caused loss for foreign patent holder, there could be a civil or criminal case according to the place where the violation existed (locus delicti) Foreign patent solution could be done by two ways, patent holder could choose court (litigation) or outside court (non-litigation). Solution through court was done by accusation in Civil Law, while outside law conclusion could be done through arbitrage, mediation, and private organization. The latest conclusion of this law writing was foreign patent should be listed with priority rights, according to section 27 and 28 patent law and the protection of foreign patent is similar with Indonesia patent when there was technology plagiarism to foreign patent listed, there could be a patent cancellation. Conditions stated in section 27 and 28 too much complicated. It wasted time for foreign patent which had interest to list his patent in Indonesia. In patent law, there was no clear and detail arrangement about foreign patent, so that rule about foreign patent in patent law was not sufficient to create law certainty.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 23 Apr 2012 05:31
Last Modified: 23 Apr 2012 05:31
URI: http://eprints.umm.ac.id/id/eprint/2734

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