PERLINDUNGAN HUKUM BAGI PENERIMA LISENSI TERHADAP PELAKSANAAN PERJANJIAN ALIH TEKNOLOGI DI INDONESIA

Main Authors: , ELYSA SINAGA, , Dina Widyaputri Kariodimedjo, S.H., LL.M
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2013
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/123739/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63853
Daftar Isi:
  • This research was aimed to know and to analyze a law protection for license recipient towards technology transfer contract enforcement and to know and to analyze obstacles in technology transfer contract enforcement and its efforts to overcome. This was a normative and empirical legal research method. This research was analyzed using a quantitative method. Data gathering was conducted by a bibliography as well as field study by an interview to the respondents. This law protection result for technology transfer recipients was basically regulated in Law Number 14 of 2001 on patent, however the law had not been enough to protect due to regulation on license would be regulated further ina governmental regulation as what has been mandated in Article 73 had not been ratified. In its enforcement, technology transfer license took place only in a civil relationship between the two parties namely license giver and license recipients based on Civil Law Rules Book. The obstacles that were in technology transfer enforcement from company party namely employees who were not competent in mastering technology, besides foreign intervention due to share majority ownership in the company. Obstacles cold also take place due to governmental regulation on license for 11 years had not been ratified. The solution was for company employees kept conducting training and improvement in order that the employees to be skillful and mastering technology to transfer both by sending for the experts from technology origin country as well as their employees sent to technology origin country. Besides, the governmental regulation on license should be accelerated to ratify.