LEGAL BRIEF
Vol. 12 No. 6 (2024): February: Law Science and Field

Patent Licensing as the Implementation of Utilitarian Theory and a Part of Indonesia’s National Resilience

Shelly Kurniawan (Maranatha Christian University, Indonesia)
Demson Tiopan (Maranatha Christian University, Indonesia)



Article Info

Publish Date
28 Feb 2024

Abstract

The rapid development of technology, whether stemming from research results or technological advancements, can be protected through intellectual property, specifically patents.  The regulation of patents is stipulated in Law Number 13 of 2016 concerning Patents, with amendments to several articles in Law Number 6 of 2023 concerning the Determination of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. Utilitarian theory, including its application in the context of patent licensing, is an integral part of patent regulation. However, the number of registered patent license agreements on the Directorate General of Intellectual Property's website is limited.  Yet, a proliferation of licenses can enhance a country's national resilience.  This study aims to investigate how the utilitarian theory within the patent system becomes a component of Indonesia's national resilience.  This normative legal study examined secondary literature and legal regulations related to patents, books, journals, and papers concerning intellectual property law, particularly patents.  The research findings indicate that the utilitarian theory can be implemented through licensing.  Registering patent licenses in agreements is a legal prerequisite for protection.  A high number of patent licenses can enhance Indonesia's resilience in terms of both economic and defense and security aspects

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Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...