Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Clausula Restrictions in Technology Transfer Patent License Agreements That Impact on Unfair Competition

Author(s): Rory Jeff Akyuwen, Muchtar Anshary Hamid Labetubun, Marselo Valentino Geovani Pariela

Licensing practices in technology transfer that contain restriction clauses that are indirectly burdensome to the licensee and will further result in business competition. The law of unfair competition and the law of intellectual property rights are complementary because they both aim to promote competition and innovation. The granting of monopoly rights by the Intellectual Property Rights Law must not violate the provisions in the unfair competition law. The results of the research show that the limitation clause in the technology transfer patent license agreement has not received satisfactory attention from Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Competition with the exclusion of the agreement in the field of Intellectual Property Rights in Article 50 letter b. This will open up opportunities for the development of technology transfer patent license agreements containing restriction clauses that can lead to monopolistic practices and/or unfair competition, to anticipate limitation clauses in technology transfer patent license agreements as contained in the provisions of Article 78 of the Law. Number 13 of 2016 concerning Patents, however, interpretation is still needed in accordance with the objectives to be achieved by Law Number 5 of 1999, so that the provisions in Law Number 13 of 2016 can effectively cancel licensing practices that inhibit competition through clauses. -the limitation clause in the technology transfer patent license agreement.

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