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All Journal International Journal of Emerging Research and Review Jurnal Darma Loka
Badriyatul Muniroh
State University of Surabaya
Social Sciences Other

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Misuse of Technology Transfer in Cross-Country acquisition and state intervention boundary on Nexperia case-Wingtech Badriyatul Muniroh; Adi Muliawansyah Malie
International Journal of Emerging Research and Review Vol. 4 No. 4 (2026): December
Publisher : IKIP Widya Darma Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56707/ijoerar.v4i4.189

Abstract

Objective: Shifts in global investment dynamics have transformed cross-border equity acquisitions from mere commercial transactions into instruments of strategic technology control. This study aims to analyze the legal implications of cross-border acquisitions on the doctrine of corporate control over strategic intellectual property, as well as to establish a legal balance between the rights to protect foreign investors and the state’s authority to intervene. Method: Using doctrinal legal research methods and legislative, conceptual, and comparative approaches, as well as a case study of the Nexperia B.V.–Wingtech Technology dispute. Results: The results of this study reveal two main findings. First, the acquisition of a controlling interest triggers a re-convergence of the Berle & Means doctrine (1932), whereby the acquiring party obtains full corporate control to legally exploit and distribute a bundle of intellectual property assets, particularly Integrated Circuit Layout Designs (ICLDs). Second, the Dutch government’s ex-post intervention through the Goods Availability Act, which separates economic ownership from corporate control, constitutes an application of the essential security exception doctrine. However, the escalation of cross-border disputes, including retaliatory measures by the Chinese courts, highlights the importance of testing the principle of proportionality through a four-part test to prevent ex-post interventions from turning into protectionism that undermines legal certainty in international investment. Novelty: This study offers novelty by showing how cross-border acquisitions reconverge the Berle & Means doctrine of corporate control over strategic intellectual property, by framing the Dutch ex-post intervention through the Goods Availability Act as an application of the essential security exception doctrine, and by proposing a proportionality four-part test to prevent such interventions from becoming protectionism that undermines legal certainty in international investment.
Edukasi Urgensi Merek Kolektif dalam Penguatan UMKM Desa Nglanggeran Faculty of Law, State University of Surabaya; Mieke Yustia Ayu Ratna Sari; Budi Hermono; Cita Yustisia Serfiyani; Eny Sulistyowati; Badriyatul Muniroh; Dhiezayu Alifia Idzihaar; Syaufi Al Amien; Karsito Sidauruk
Jurnal Darma Loka Vol 1 No 2 (2025)
Publisher : Fakultas Hukum, Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/darmaloka.v1i2.73438

Abstract

MSMEs play a vital role in the rural economy but often lack the legal awareness to protect their intellectual property. This community service initiative addressed the limited understanding of branding and collective trademark registration among MSMEs in Nglanggeran Village, Gunung Kidul, a key barrier to their market competitiveness. Using a participatory approach—through observation, focus group discussions, and interviews with MSME actors and village officials—the program provided outreach and capacity-building on the strategic importance of collective trademarks. Findings revealed that although MSMEs recognized branding's value, none had registered a collective trademark, citing limited information, financial constraints, and technical complexity as main barriers. The activity significantly increased participants’ understanding of the legal protection and economic benefits of collective trademarks and clarified distinctions between individual and collective marks. This awareness is a fundamental step toward legal empowerment. We recommend that local government and relevant institutions provide structured mentoring to facilitate registration. Strengthening MSMEs through collective trademarks is crucial for enhancing product differentiation, preventing unfair competition, and promoting sustainable local economic development.
Co-Authors Adi Muliawansyah Malie Budi Hermono Cita Yustisia Serfiyani Dhiezayu Alifia Idzihaar Eny Sulistyowati Faculty of Law, State University of Surabaya Karsito Sidauruk Mieke Yustia Ayu Ratna Sari Syaufi Al Amien