The Legal Protection in The Use of Authentic Deeds in The Patent License Agreements

  • Silvia Sofiatunnisa Mulyana Universitas Padjadjaran
    (ID)
  • Ranti Fauza Mayana Padjadjaran University
    (ID)
  • Elisatris Gultom Padjadjaran University
    (ID)
Keywords: Patent License Agreement, Authentic Deed, Legal Protection

Abstract

This research examines the urgency of incorporating authentic deeds in patent licensing agreements and formulating such documents to establish legal safeguards that enhance the effectiveness of patent licensing ventures. This study employed a normative juridical approach with analytical descriptive methods. The results showed that the integration of authentic deeds in patent licensing agreements ensures legal certainty for the involved parties, as these deeds serve as conclusive evidence to validate legal actions taken by the parties. Furthermore, authentic deeds act as a deterrent against bad faith actions by preventing parties from disavowing the agreement's contents. Additionally, there are no specific government-mandated formulations for patent licensing agreements. To achieve optimal legal protection, the formulation of an authentic deed in a patent license agreement should encompass aspects such as license exclusivity, limitations on patent usage, annual patent fees, information disclosure clauses, the equilibrium of patent use, sanctions, and dispute resolution.

References

Law No. 2 of 2014 on Amendment to the Law No. 30 of 2004 on Notary Profession

Law Number 13 of 2016 on Patent as amended by Regulation of Government in Lieu of Law Number 2 of 2022 on Job Creation

Lawrence M. Friedman, “The Legal System: A Social Science Perspective”, New York: Russell Sage Foundation, 1975.

Maria SW Sumardjono, “Guidelines for Making Research Proposals”, (Yogyakarta: Faculty of Law, Gadjah Mada University, 1989.

Muhamad Amirulloh and Helita Novianty Muchtar, “Textbook of Intellectual Property Law”, Bandung: Unpad Press, 2016.

Paisol Burlian, “Legal System in Indonesia”, Palembang: NoerFikri Offsert, 2015.

Ranti Fauza Mayana and Tisni Santika, “Public Health Intellectual Property”, Bandung: Refika Aditama, 2021.

Ranti Fauza Mayana, Tisni Santika, and Zahra Cintana, “Notaries and Contracts Related to Intellectual Property-Based Financing”, Bandung: Refika Aditama, 2023.

Regulation of the Government Number 36 of 2018 on the Recordation of Intellectual Property Licensing Agreements

Regulation of the Minister of Law and Human Rights Number 14 of 2021 on Amendment to Regulation of the Minister tf Law and Human Rights Number 30 of 2019 on Procedures For The Granting Of Compulsory Patent Licensing

Regulation of the Minister of Law and Human Rights Number 8 of 2016 on Requirements and Procedures for Applications for the Recordation of Intellectual Property Licensing Agreements

Ronny Hanitjo Soemitro, “Legal Research Methodology and Jurimetry”, Jakarta: Ghalia Indonesia, 1990.

Soerjono Soekanto and Sri Mamudji, “Normative Legal Research A Brief Overview”, Jakarta: Raja Grafindo Persada, 2019.

Tasya Safiranita Ramli and Sherly Ayuna Putri, “Legal Review of the Differences between the Transfer of Patent Rights and License Agreements in Civil Law”, Dialogia Iuridica: Journal of Business and Investment Law, Vol 10.1, 2018.

Published
2024-08-31
Abstract viewed = 31 times