Karya Ilmiah

DISERTASI (0084) - Fungsi Sosial Dalam Perlindungan Paten

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The title of this dissertation is “Social Function in Patent Protection”. As a matter of fact,
patent is an exclusive right granted to inventor to exploit his/her/its invention by him/her/itself or
license other party to exploit it. The exclusive right, however, is not unlimited. There should be
social function inherent in the right. The social function is specified neither in Patent Law nor in
international conventions.
The objectives of this dissertation are to study and analyze philosophical basis of patent
protection, to find the essence of social function in patent protection, and finding patent social
function in international conventions and Patent Law.
The type of this research is a legal research. In this research, statute approach, and
conceptual approach are employed.
From this research, three things are found. First, natural theory is the basis of justifying
patent protection under the system of first-to-invent principle that is used to be adopted by the
United States. The system of first-to-file principle brings about exchange for secrets theory or
commonly called contract theory, which becomes basic theory for patent protection in many
countries in the world. Second, criteria of identifying social function in patent protection are
firstly, not only is patent system aimed at protecting patent holder interest, but it is also designated
for social benefit, which should be specified in statutory provisions; secondly, patent system bears
not only rights but also obligations of patent holder to implement beneficial things for social
benefit; and thirdly, the implementation of social function of patent system should be carried out
fairly. Third, social function of patent system may be found in Paris Convention, Trade-Related
Aspects of Intellectual Property Rights (TRIPs) Agreement, and Indonesian Patent Law, i.e. Act
No. 14 of 2001.

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Ketersediaan

090610169

0084

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0084

Penerbit

Surabaya : Fakultas Hukum Unair., 2013

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

UU-HAK KEKAYAAN INTELEKTUAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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