TONY HANORAGA, 090214842
(2004)
KEABSAHAN PERJANJIAN LISENSI PATEN MENURUT HUKUM INDONESIA.
Thesis thesis, UNIVERSITAS AIRLANGGA.
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Abstract
The problem that arrise in patent lisence agrement in Indonesia is to determine the limitation of the freedom of contract to carry out patent lisence agreement in Indonesia, also to know is pattern lisence agreement written constitute administration requirement ? This observation is normatif observation used statute approach with induktif reasonable, begining from investigate positive law about patent lisence rule through Undang-Undang No. 14, 2001, and the law agreement from BW. It is hoped finish in discovery of doctrin and normatif principle. Beside that, this observation is not ignore deduktif reasonable. In Indonesia some regulation rule about patent lisence agreement in Indonesia is not existence clearly. But there is some rule that is become base law to carry out patent lisence agreement that is Undang-Undang Patent No. 14, 2001 especially pasal 69 title 73 and book III pasal 1233 until pasal 1864 BW about assosiation the relation between lisence give and lisence receiver depend on the agreement, is the lisence agreement aksklusif or not ? The principle from the freedom of contract in patent lisence agreement in Indonesia is restricted in the existence and the application and agree people who are united, they make some agreement that is permitted (Undang-Undang Morality and public order) also pasal 71 and 72 Undang-Undang Patent No. 14, 2001. The aim from pasal 71 ayat (1) to prevent negatif influence from patent lisence agrrement that is damage domestic, lisence receiver or national economy. In a pity this section was not details. The record rule of patent lisence only administration while the regulation of pasal 1320 BW and pasal 71 ayat (1) Undang-Undang Patent No. 14, 2001 influence some lisence agrement is valid or not the princeple of patent lisence agreement in Indonesia watch over the existence everybody. Keywords : Patent Lisence, Freedom of Contract, Statute Approach
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