within the time period set by DJKI

Oct 13, 2025 by pynkocean.com 10 views

Legal Protection of Patent Owners in a Mandatory License: Examining Exclusive Rights and Protection Mechanisms

Introduction

The compulsory license, as stated in Article 74 of Law Number 14 of 2001 concerning Patent, is a permit granted by the Directorate General of Intellectual Property (DJKI) to other parties to utilize a patent. This can happen when the patent holder does not use the patent to the maximum in Indonesia, or if its utilization is detrimental to the interests of the community. However, how is the legal protection for patent owners in this scheme?

In this article, we will examine the exclusive rights and protection mechanisms provided to patent owners in a mandatory license. We will discuss the terms and procedures for transition rights, legal protection for patent holders, and the challenges of application of mandatory licenses in Indonesia.

Understanding Mandatory Licenses

A mandatory license does not mean that the patent rights are entirely taken over from the owner. The mandatory license holder only has exclusive rights to utilize the patent within the time period set by DJKI. This time period is shorter than the patent validity period and cannot be diverted, except because of inheritance.

The Importance of Exclusive Rights

Exclusive rights are essential for patent owners to maintain control over their intellectual property. In a mandatory license, the patent owner still retains ownership of the patent, but the license holder has the right to utilize the patent for a specified period. This balance between the patent owner's exclusive rights and the license holder's rights is crucial in ensuring that the patent is used for the benefit of the community.

Terms and Procedures for Transition Rights

To get a mandatory license, interested parties must submit an application to DJKI. This request can be submitted after the patent is not utilized for 36 months from the date of patent. Applications can also be submitted at any time if the patent is utilized in a way that is detrimental to the interests of the community.

DJKI will then examine and decide whether the license must be given. If approved, the mandatory license will be given by to set a certain period of time and the rewards that must be paid to the Patent Owner.

The Role of DJKI

DJKI plays a crucial role in the application of mandatory licenses. The agency is responsible for examining applications, deciding whether to grant a license, and setting the terms and conditions of the license. DJKI must ensure that the license is granted fairly and that the patent owner's rights are protected.

Legal Protection for Patent Holders

Although licenses must be given for the benefit of the community, the rights of patent owners are still protected. Some forms of protection provided by the Patent Law are:

The End of the Compulsory License

Mandatory licenses can end in accordance with the specified time period, cancellation, or because the licenseholder is required to submit the license obtained again. After the license must end, the rights of the patent owner on the patent will be fully returned.

Rewards for Rewards

If the owner of the patent disagrees with the amount of reward set by the government, the patent owner can file a lawsuit to the Commercial Court.

The Government's Decisive Action

The government can take firm action against patent violations, such as providing compensation to patent owners and ordering violators to stop the activities of producing patented goods.

The Importance of Legal Protection

Legal protection is essential for patent owners to maintain control over their intellectual property. In a mandatory license, the patent owner's rights are protected by the Patent Law, which ensures that the license holder does not exploit the patent for their own benefit.

Challenges of Application of Mandatory Licenses in Indonesia

Until now, there has never been a mandatory license in Indonesia. This is caused by several factors, such as:

Lack of Implementing Regulations

Although the Patent Law regulates mandatory licenses, government regulations as regulations for implementing compulsory licenses have not been issued.

Limited Capabilities and Facilities

Applying a mandatory license requires adequate ability and facilities to assess patents, determination of rewards, and supervision of licenses.

The Need for Reform

The lack of implementing regulations and limited capabilities and facilities are significant challenges to the application of mandatory licenses in Indonesia. To overcome these challenges, the government must issue implementing regulations and provide adequate resources to DJKI to ensure that the application of mandatory licenses is fair and effective.

Conclusion

The mandatory license is an important mechanism to ensure that the patent that has been given is not only beneficial for its owners, but also beneficial for the community. Although there are challenges in its application, the legal protection given to the owner of the patent in the Patent Law is quite strong. This is important to maintain the balance between the exclusive rights of patent owners and the expected benefits of the application of mandatory licenses.

In conclusion, the legal protection of patent owners in a mandatory license is a complex issue that requires careful consideration of the exclusive rights and protection mechanisms provided by the Patent Law. By understanding the terms and procedures for transition rights, legal protection for patent holders, and the challenges of application of mandatory licenses in Indonesia, we can ensure that the patent is used for the benefit of both the patent owner and the community.
Frequently Asked Questions: Legal Protection of Patent Owners in a Mandatory License

Introduction

In this article, we will answer some frequently asked questions about the legal protection of patent owners in a mandatory license.

Q1: What is a mandatory license?

A mandatory license is a permit granted by the Directorate General of Intellectual Property (DJKI) to other parties to utilize a patent. This can happen when the patent holder does not use the patent to the maximum in Indonesia, or if its utilization is detrimental to the interests of the community.

Q2: What are the exclusive rights of a patent owner in a mandatory license?

A patent owner in a mandatory license still retains ownership of the patent, but the license holder has the right to utilize the patent for a specified period. The patent owner still has exclusive rights to the patent, but the license holder has the right to utilize the patent for a limited time.

Q3: How long does a mandatory license last?

A mandatory license lasts for a specified period, which is shorter than the patent validity period. The license can end in accordance with the specified time period, cancellation, or because the licenseholder is required to submit the license obtained again.

Q4: What happens if the patent owner disagrees with the amount of reward set by the government?

If the patent owner disagrees with the amount of reward set by the government, the patent owner can file a lawsuit to the Commercial Court.

Q5: What is the role of DJKI in a mandatory license?

Q6: What are the challenges of application of mandatory licenses in Indonesia?

Until now, there has never been a mandatory license in Indonesia. This is caused by several factors, such as lack of implementing regulations and limited capabilities and facilities.

Q7: What is the need for reform in the application of mandatory licenses in Indonesia?

Q8: What is the importance of legal protection for patent owners in a mandatory license?

Q9: What is the balance between the exclusive rights of patent owners and the expected benefits of the application of mandatory licenses?

The balance between the exclusive rights of patent owners and the expected benefits of the application of mandatory licenses is crucial in ensuring that the patent is used for the benefit of both the patent owner and the community.

Q10: What is the conclusion of the legal protection of patent owners in a mandatory license?

The legal protection of patent owners in a mandatory license is a complex issue that requires careful consideration of the exclusive rights and protection mechanisms provided by the Patent Law. By understanding the terms and procedures for transition rights, legal protection for patent holders, and the challenges of application of mandatory licenses in Indonesia, we can ensure that the patent is used for the benefit of both the patent owner and the community.