PERLINDUNGAN PATEN MENURUT HUKUM PATEN INDONESIA

ENDANG PURWANINGSIH, 090013770 D (2005) PERLINDUNGAN PATEN MENURUT HUKUM PATEN INDONESIA. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Official URL: http://lib.unair.ac.id

Abstract

The title of this dissertation is " Patent Protection Pursuant to Indonesian Patent Law". The central theme of this dissertation would be defining the scope of Patent protection and creating legal certainty. In this dissertation, it is presented that claim should be interpreted in such a way that it not impede technological development on the one hand, and protect the essence of invention on the other hand. Technological and economic interests are relevant to the scope of Patent protection. Patent is construed to protect the invention exclusively, by which the inventor monopolies the right granted by the state to utilize or exploit it. This kind of monopoly is justified legally. The first Indonesian Patent Act is Law no. 6 of 1989. By virtue of ratifying Marrakesh Agreement, Indonesia amended its Patent Act with Law no.13 of 1997. Then, in 2001, the Law is replaced by Law no. 14 of 2001. In those Patent Act however, there is no provision defines clearly the scope of Patent protection. The purposes of this research are to find: (1) the essence of Patent protection, (2) the limits of Patent protection; and (3) the phylosophical basis concerning Patent disputes. The type of this research is legal research that employs statute, historisch, case, and comparative approaches. From this research, it is found that, (1) the essence of Patent protection is determined by the meaning of claim, instead of the claim wordings only; (2) the scope of Patent protection is limited by technological and economic interests as delivered by judge holding; and (3) principle of good faith serves to be a phylosophical basis concerning Patent disputes.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 Dis H 07/05 Pur p
Uncontrolled Keywords: Patent protection, monopoly Patent right, claim, technological
Subjects: K Law
K Law > KB Religious law in general > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence > KB400-4855 Interdisciplinary discussion of subjects > KB1270-1278 Labor laws and legislation
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
ENDANG PURWANINGSIH, 090013770 DUNSPECIFIED
Contributors:
ContributionNameEmail
ContributorMoch Isnaen, Prof. Dr., SH., MSUNSPECIFIED
ContributorNindyo Pramono, Prof. Dr., SH., MSUNSPECIFIED
ContributorPeter Mahmud Marzuki, Prof. Dr., SH., LLMUNSPECIFIED
Depositing User: Tn Joko Iskandar
Date Deposited: 18 Oct 2016 06:07
Last Modified: 05 Jul 2017 18:40
URI: http://repository.unair.ac.id/id/eprint/32483
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