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All Journal Jurnal Media Hukum
Endang Purwaningsih
Yarsi University Jkt Indonesia
Law, Crime, Criminology & Criminal Justice

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Patent Law and Its Enforcement in Indonesia, Japan and the USA Endang Purwaningsih
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200138

Abstract

The fundamental issues in the era of industrialization is the protection of patent rights and the enforcement of the patent law. In Indonesia, Intellectual Property Rights (IPR) including patent tend to be violated with regard to foreign investment and transfer of technology issue. Therefore, as a member of the WTO, it is necessary for Indonesia to learn from  other countries such as Japan and the United States of America, especially in terms of regulations. The purpose of this study is to find out the fundamental differences among Indonesia, Japan and America regarding the protection of patent rights and the enforcement of patent law. This research is a normative legal research. Data is collected from books, international journals, relevant laws and government regulations. The results show that the scope of patent protection in Japan, the United States and Indonesia has so far followed TRIPs and WTO provisions. Basically, Indonesia, Japan, and America have the same acquisition system, namely “first to file”. Historically before 2013 America has ever used “first to invent” system. Coverage of protection remains the same in the fields of technology and industry, but Japan extends the scope of patents to cover those produced by the employees and Indonesia also adopts this  model. In term of enforcement, Indonesian patent law also develops  a new appeal commission to settle patent disputes.
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