Perlindungan Hukum Terhadap Paten Asing Yang Telah Didaftarkan Menurut Undang-Undang Nomor 14 Tahun 2001 Tentang Paten

Main Author: Tobing, Alexander Dumont L.
Other Authors: Sitepu, Runtung, Devi A., T. Keizerina, Sunarmi
Format: Masters
Bahasa: ind
Subjects:
Online Access: http://repository.usu.ac.id/handle/123456789/21876
Daftar Isi:
  • According to the laws of Indonesia, patent is given only for a new invention that contains an inventive way and can be applied in industry. Patent right is an interesting right in technology. It has a developmental impact in science and also has economic value. In order to prevent the infringement of a patent, there must be a caveat that is clear and is supported by strict government. Therefore, government has issued the Act No.14 in 2001 about Patent. The research is done by using analysis descriptive method. The approaching method that is used in this research is a juridical norm approach. The primary data of this research is the secondary data. The collecting data process is done by doing library research and field research. The data analysis of this secondary data is done by using qualitative method. From the research result, we know that the purpose of given patent is to open every invention for public importance, in order to be used by society and for supporting technology development. Through the opening invention, the information that is needed for the next technology development that is inspired by that invention can be applied and also to give directions for those who have interest in exploiting the invention. From that definition, we can see the importance of a patent, that patent is a right given by government and exclusive for the patent licensee to produce the product or manufacturing or using and selling that product and doing many other things that is related to the product such as importing and stocking. Even though patent is private right, its implementation bring wide impact for other sectors such as in society, economy, and politic. That’s why the implementation should be run well and discipline. Government threatens penal provision for patent infringement. In other words, filing a bill can’t decrease government right to do filing a bill for patent infringement. It is suggested that Act No.14 in 2001 about Patent must be followed by willing and ability of the government to maintain the act so that the objectives of the act can be accomplished. It is also suggested that government must increase public awareness about right of intelligence as the economy prop. Right of intelligence’s mission in Indonesia is to increase every creative activity that can produce new inventions and give law protection for those intelligence works.
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