Media of Law and Sharia
Vol. 6 No. 4 (2025)

The Proportionality Principle: A Key to Fair Licensing Agreements

Umar, Wahyudi (Unknown)
Sudirman, Sudirman (Unknown)
Rasmuddin, Rasmuddin (Unknown)



Article Info

Publish Date
03 Feb 2026

Abstract

This study examines the implementation of the principle of proportionality in license agreement clauses, focusing on how this principle can support fairness in the contractual relationship between grantees and licensees. In the era of globalization, licensing agreements are an essential tool in regulating intellectual property rights (IPR). Still, there is often an imbalance between the rights and obligations of the parties that can lead to disputes. The principle of proportionality ensures that each provision in the agreement reflects a fair balance, prevents exploitation of one party, and promotes a harmonious relationship. The research method used is normative legal research with a statutory and conceptual approach, which examines various licensing agreement clauses in Indonesia and their impact on the rights and obligations of the parties. The study results show that applying the principle of proportionality in licensing agreements can substantially increase fairness and reduce potential conflicts. Recommendations were given for the drafting of fairer and more sustainable licensing agreements, as well as the development of agreement law in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

mlsj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what ...