Kontrak lisensi: sarana pengembangan teknologi dan hak atas kekayaan intelektual di Indonesia

Setiati Widihastuti (Jurusan Pendidikan Kewarganegaraan Universitas Negeri Yogyakarta / Civic Education Department, Yogyakarta State University)

Jurnal Civics: Media Kajian Kewarganegaraan
Vol 6, No 1 (2009): June 2009

The urgenry of information technology for all aspects of lofe is not merelY a discourse. The necessity of modern and global activities requires renewal of technology is inevitable. Conse­quently there will be a new invention, mobilization and transformation. The phenomenon can enhance globalization of intellectual rights. Because of its urgency, present information technol­ogy threatens to intellectual works protected with patents or trade mark (brand).  License is not onlYyan alternative to fulfill renewal of information technology, but also to protect the ''owners'' of the technology. Through license contract, licensor basicallY permits lic­ensee to utilize the technology possessed As return the licensor receives royalties. In fact, imbalanced bargaining position and free/ unlimited contract are often used by licensor to 'force" a restrictivetrade clause which potentiallY limits licensee's freedom as technology receivers. Therefore it is necessary to confirm in goodwill for involved parties as good conduct to license contract making.