Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Patents and Innovation: A Perspective from the Economics of Law and Distributive Justice

Agustino, Anak Agung Gede Hery (Unknown)
Kurniawan, I Gede Agus (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

This study explores the issue of patent rights and innovation through the lens of economic legal theory and distributive justice, focusing on the legal concerns surrounding unequal access to patented innovations. In the context of globalization and a knowledge-based economy, patents function as strategic tools to protect innovation; however, they often generate exclusivity that leads to inequities in benefit distribution. The primary objective of this research is to analyze how patent rights as part of the intellectual property regime operate within the framework of economic law and whether their application reflects the principles of distributive justice in society. This research employs a normative juridical method, utilizing statutory and conceptual approaches. Data are obtained through literature review of relevant legislation, legal theories, and judicial decisions. The novelty of this study lies in its integration of economic legal theory and distributive justice in evaluating the effectiveness of the patent system in Indonesia, particularly regarding its impact on public access to innovation outcomes in sectors such as healthcare and technology. The findings reveal that the current patent system tends to favor capital holders and contributes to disparities in access to innovation benefits. Overly protective patent regimes may hinder knowledge diffusion and obstruct inclusive development. This study recommends a reformulation of patent policies to align with the values of distributive justice by adopting a legal approach that is responsive to public interest and supportive of local innovation empowerment.

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...