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The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia

It is common knowledge that technology development will be in line with the development of a nation. This fact is raising the need of developing countries like Indonesia to maximize its potential in the field of technology. However, it is as not easy as it sounds. There are many obstacles for a coun...

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Main Authors: Faujura, Rahmanisa Purnamasari, Gultom, Elisatris, Sudjana, .
Format: Article
Language:English
Published: UUM Press 2021
Subjects:
K Law (General)
Online Access:https://repo.uum.edu.my/id/eprint/28841/1/UUMJLS%2012%2001%202021%2069-91.pdf
https://doi.org/10.32890/uumjls2021.12.1.4
https://repo.uum.edu.my/id/eprint/28841/
https://e-journal.uum.edu.my/index.php/uumjls/article/view/uumjls2021.12.1.4
https://doi.org/10.32890/uumjls2021.12.1.4
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spelling my.uum.repo.288412023-05-21T15:05:14Z https://repo.uum.edu.my/id/eprint/28841/ The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia Faujura, Rahmanisa Purnamasari Gultom, Elisatris Sudjana, . K Law (General) It is common knowledge that technology development will be in line with the development of a nation. This fact is raising the need of developing countries like Indonesia to maximize its potential in the field of technology. However, it is as not easy as it sounds. There are many obstacles for a country to develop its potential in technology, notably for the experts in the relevant country to master the necessary skills. Due to this limitation, many countries are beginning to fill-in the gap by registering the license of foreign patents. It is expected that the use of foreign patents will replace the higher cost and the longer time needed to develop local technology in the developing countries. Unfortunately, the use of foreign patent licenses does not itself automatically enhance one’s ability to master the necessary skills. There are many cases where developing countries were deceived by the ‘grant-back’ clause attached to the foreign patent license. The licensee’s position is consequently considered lower than that of the licensor, which, in its turn, may give rise to monopoly practice and unfair business competition. This study was conducted with the purpose to formulate an effective technology transfer through the licensing of foreign patents that can refrain from the repetition of monopoly practice and unfair business competition, according to the TRIPs signed by WTO and the positive law in Indonesia. This study used the juridical-normative approach as the methodology of research. It also used the analytical approach through Law Number 13 of 2016 concerning patents; Law Number 5 of 1999 concerning the prohibition of the monopoly practice and unfair business competition as well as the Agreement on trade-related aspects of Intellectual Property Rights signed by the World Trade Organization, with respect to the license agreement of the foreign patent. Based on the issue, as established previously in this journal, the expected outcome of increased information dissemination to countries using patent licensing agreements in technology and information development related to any matter in intellectual property specifically in licensing agreement, has a higher possibility for monopoly c practices and unfair business competition. Therefore, it shows that, in principle, in order to prevent the licensing of foreign patents that lead to monopoly practice and unfair business competition, a country must establish a controlling entity to supervise the execution of the foreign patents and at the same time, enact harmonious rules and regulations with such supervision. UUM Press 2021 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/28841/1/UUMJLS%2012%2001%202021%2069-91.pdf Faujura, Rahmanisa Purnamasari and Gultom, Elisatris and Sudjana, . (2021) The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia. UUM Journal of Legal Studies (UUMJLS), 12 (01). pp. 69-91. ISSN 2229-984X https://e-journal.uum.edu.my/index.php/uumjls/article/view/uumjls2021.12.1.4 https://doi.org/10.32890/uumjls2021.12.1.4 https://doi.org/10.32890/uumjls2021.12.1.4
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutional Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Faujura, Rahmanisa Purnamasari
Gultom, Elisatris
Sudjana, .
The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia
description It is common knowledge that technology development will be in line with the development of a nation. This fact is raising the need of developing countries like Indonesia to maximize its potential in the field of technology. However, it is as not easy as it sounds. There are many obstacles for a country to develop its potential in technology, notably for the experts in the relevant country to master the necessary skills. Due to this limitation, many countries are beginning to fill-in the gap by registering the license of foreign patents. It is expected that the use of foreign patents will replace the higher cost and the longer time needed to develop local technology in the developing countries. Unfortunately, the use of foreign patent licenses does not itself automatically enhance one’s ability to master the necessary skills. There are many cases where developing countries were deceived by the ‘grant-back’ clause attached to the foreign patent license. The licensee’s position is consequently considered lower than that of the licensor, which, in its turn, may give rise to monopoly practice and unfair business competition. This study was conducted with the purpose to formulate an effective technology transfer through the licensing of foreign patents that can refrain from the repetition of monopoly practice and unfair business competition, according to the TRIPs signed by WTO and the positive law in Indonesia. This study used the juridical-normative approach as the methodology of research. It also used the analytical approach through Law Number 13 of 2016 concerning patents; Law Number 5 of 1999 concerning the prohibition of the monopoly practice and unfair business competition as well as the Agreement on trade-related aspects of Intellectual Property Rights signed by the World Trade Organization, with respect to the license agreement of the foreign patent. Based on the issue, as established previously in this journal, the expected outcome of increased information dissemination to countries using patent licensing agreements in technology and information development related to any matter in intellectual property specifically in licensing agreement, has a higher possibility for monopoly c practices and unfair business competition. Therefore, it shows that, in principle, in order to prevent the licensing of foreign patents that lead to monopoly practice and unfair business competition, a country must establish a controlling entity to supervise the execution of the foreign patents and at the same time, enact harmonious rules and regulations with such supervision.
format Article
author Faujura, Rahmanisa Purnamasari
Gultom, Elisatris
Sudjana, .
author_facet Faujura, Rahmanisa Purnamasari
Gultom, Elisatris
Sudjana, .
author_sort Faujura, Rahmanisa Purnamasari
title The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia
title_short The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia
title_full The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia
title_fullStr The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia
title_full_unstemmed The monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in Indonesia
title_sort monopoly practice and unfair business competition in the technology transfer activity through the foreign patent in indonesia
publisher UUM Press
publishDate 2021
url https://repo.uum.edu.my/id/eprint/28841/1/UUMJLS%2012%2001%202021%2069-91.pdf
https://doi.org/10.32890/uumjls2021.12.1.4
https://repo.uum.edu.my/id/eprint/28841/
https://e-journal.uum.edu.my/index.php/uumjls/article/view/uumjls2021.12.1.4
https://doi.org/10.32890/uumjls2021.12.1.4
_version_ 1768010681821429760
score 13.211869

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