Yuridika
Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014

KEPENTINGAN UMUM DALAM PERLINDUNGAN PATEN

Winner Sitorus (Fakultas Hukum Universitas Hasanuddin)



Article Info

Publish Date
29 Jan 2014

Abstract

This article aimed at studying provisions in TRIPs Agreement and Law Number 14 of 2001 regarding Patent, particularly provisions reflecting criteria of public interest.The approach used is statutory and conceptual approaches by analysing TRIPs Agreement and Law Number 14 of 2001. It is concluded that public interest has been stipulated generally in TRIPs Agreement and Law Number 14 of 2001 in their provisions regarding kind and scope of the use of limitation and exception of patent holder’s exclusive rights. Law Number 14 of 2001 basically has implemented limitation and exception provisions stipulated in TRIPs Agreement. However, it does not provide further and clearer elaborations on some provisions that need to be elaborated further. In addition, both TRIPs Agreement and Law Number 14 of 2001 do not provide criteria as to public interest.Keywords: public interest, criteria, exception, limitation, patent.

Copyrights © 2014






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...