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Patent Holders for Government-Funded Research in Indonesia What are The Consequences?
Budi Agus Riswandi

Fakultas Hukum Universitas Islam Indonesia


Abstract

The Indonesian government has issued a new research policy, in which government-funded research must be able to produce outcomes in the form of patents. From this new research policy, the government has released research funds to researchers of the state and private civil servants. From this policy, it has given birth to two kinds of legal relations, namely official and work relations. As a result, the results of government-funded research with this patent outcome have brought about the consequences of patent holders, rights and obligations of different patent holders. For the patent holder of the official relationship pattern, the government and inventor, while the patent holder of the employment relationship pattern, the government is the employer. In practice there has been a deviation of the consequences of patent holders, rights and obligations of patent holders on research results funded by the government both in official and employment relations. This can be seen from the name of the patent holder listed in the patent certificate. For official relations, the patent holder is only the government without an inventor, while for the employment relationship, the patent holder is private. This paper is presented to elaborate more deeply related to patent holders of government-funded research in Indonesia and its consequences. Normative juridical research methods with a statutory approach

Keywords: Patent Holders - Research - Funded - Government

Topic: Law

Link: https://ifory.id/abstract/QRWM3V2K8bDw

Conference: 1st Borobudur International Symposium (BIS 2019)

Plain Format | Corresponding Author (Budi Agus Riswandi)

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