FUNGSI SOSIAL DALAM PERLINDUNGAN PATEN

TONY HANORAGA, 090610169 D (2013) FUNGSI SOSIAL DALAM PERLINDUNGAN PATEN. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The title of this dissertation is “Social Function in Patent Protection”. As a matter of fact, patent is an exclusive right granted to inventor to exploit his/her/its invention by him/her/itself or license other party to exploit it. The exclusive right, however, is not unlimited. There should be social function inherent in the right. The social function is specified neither in Patent Law nor in international conventions. The objectives of this dissertation are to study and analyze philosophical basis of patent protection, to find the essence of social function in patent protection, and finding patent social function in international conventions and Patent Law. The type of this research is a legal research. In this research, statute approach, and conceptual approach are employed. From this research, three things are found. First, natural theory is the basis of justifying patent protection under the system of first-to-invent principle that is used to be adopted by the United States. The system of first-to-file principle brings about exchange for secrets theory or commonly called contract theory, which becomes basic theory for patent protection in many countries in the world. Second, criteria of identifying social function in patent protection are firstly, not only is patent system aimed at protecting patent holder interest, but it is also designated for social benefit, which should be specified in statutory provisions; secondly, patent system bears not only rights but also obligations of patent holder to implement beneficial things for social benefit; and thirdly, the implementation of social function of patent system should be carried out fairly. Third, social function of patent system may be found in Paris Convention, Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement, and Indonesian Patent Law, i.e. Act No. 14 of 2001.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK-2 DIS.H.03/14 Han f
Uncontrolled Keywords: exclusive right, social function, social benefit
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1700-1973 Social legislation
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
TONY HANORAGA, 090610169 DUNSPECIFIED
Contributors:
ContributionNameEmail
ContributorUNSPECIFIEDUNSPECIFIED
ContributorUNSPECIFIEDUNSPECIFIED
Depositing User: Nn Dhani Karolyn Putri
Date Deposited: 20 Oct 2016 01:58
Last Modified: 20 Oct 2016 01:58
URI: http://repository.unair.ac.id/id/eprint/32683
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