GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 27 YEAR 2004
REGARDING
THE PROCEDURE OF EXPLOITATION OF PATENT BY THE GOVERNMENT
WITH THE MERCY OF GOD ALMIGHTY,
PRESIDENT OF THE REPUBLIC OF INDONESIA,
CONSIDERING |
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that, to implement the provision of Article 103 of Law No. 14 of 2001 regarding Patent, it is necessary to stipulate a Government Regulation on Procedure of Exploitation of Patent by the Government; |
IN VIEW OF |
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HAS DECIDED | ||
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TO ENACT |
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A GOVERNMENT REGULATION REGARDING THE PROCEDURE OF EXPLOITATION OF PATENT BY THE GOVERNMENT |
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Government Regulation:
1. Patent shall mean an exclusive right granted by the State to an Inventor for his Invention in the field of technology, for a certain time, to exploit his Invention or to authorize another person to exploit it.
2. Invention shall mean an Inventor’s idea that is poured in any activity of solving a specific problem in the field of technology, either in the form of a product or process, or an improvement and development of a product or a process.
3. Patent Holder shall mean an Inventor as the owner of Patent or a recipient of such right from the owner of Patent or a subsequent recipient of Patent from the person mentioned above who is registered in the General Register of Patents.
4. Royalty shall mean the payment received by the Patent Holder for a patent which is exploited by the government.
5. Minister shall mean the minister, whose scope of duties and responsibilities includes the guidance in the field of intellectual property rights, including Patents.
6. Directorate General shall mean the Directorate General of Intellectual Property Rights under a department presided over by the Minister.
7. Day shall mean working day.
CHAPTER II
SCOPE OF PATENT EXPLOITED THE GOVERNMENT
Article 2
Article 3
The exploitation of patent, as referred to in Article 2 paragraph (1) includes the exploitation of patent in the following fields:
Article 4
The exploitation of patent, as referred to in Article 2 paragraph (2) includes the exploitation of paten in the following fields:
Article 5
The exploitation of patent as referred to in Articles 3 and 4 shall be stipulated in a Presidential Decree after the President hears the opinion of the Minister, and the minister or head of institution responsible in the related fields.
Article 6
The exploitation of patent by the government which is stipulated in a Presidential Decree as referred to in Article 5 shall be done for a certain period of time and may be extended after hearing the opinion of the Minister, and the minister or head of institution responsible in the related fields.
Article 7
CHAPTER III
PROCEDURE OF PROPOSAL OF
UTILIZATION OF PATENT BY THE GOVERNMENT
Article 8
Article 9
CHAPTER IV
ROYALTY
Article 10
CHAPTER V
ANNUAL FEE
Article 11
The annual fee of a patent which is exploited by the government shall be paid by the governmental institution or the third party authorized by the government to exploit the patent.
CHAPTER VI
CLOSING PROVISION
Article 12
This Government Regulation shall come into force from the date of its enactment.
In order that every person may know of it, the promulgation of this Government Regulation is ordered by the placement in the Official State Gazette of the Republic of Indonesia.
Enacted in Jakarta on October 5, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta on October 5, 2004
STATE SECRETARY OF THE REPUBLIC OF INDONESIA
BAMBANG KESOWO
STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2004 NUMBER 106
ELUCIDATION
OF
GOVERNMENT REGULATION NUMBER 27 OF 2004
REGARDING
THE PROCEDURE OF EXPLOITATION OF PATENT BY THE GOVERNMENT
I. GENERAL
This Government Regulation is composed as the implementation of Article 103 of Law No. 14 of 2001 regarding Patent which provides that the procedure of exploitation of patent by the government shall be stipulated in a Government Regulation. The stipulation of this Government Regulation is intended to serve as a legal ground for the government in exploiting a patent.
In case that the government is in the opinion that a patent is important for the state defense and security or because of an urgent need for the public interest, the government may exploit a patent or authorize a third party to exploit it.
The scope of the exploitation of patent by the government as provided for in this Government Regulation includes the state defense and security purposes which include the exploitation of patent on fire guns, ammunitions, explosives used in the military, chemical weapons, biological weapons, nuclear weapons, and military equipment.
Meanwhile, the scope of exploitation of patent by the government in case of an urgent need for the public interests includes:
a. Pharmaceutical products including active raw materials, other raw materials needed in the making of diagnosis material and substance needed for that purpose; and
b. Chemical products relating to agriculture and food for animals needed to eliminate wide-spreading animal pests and diseases and plant disturbing organisms.
The proposal for the exploitation of patent shall be filed in writing by a government institution to the Minister through the Directorate General. The Minister shall convey the proposal to the President for approval which will be stipulated in a Presidential Decree. The Presidential Decree will be stipulated after the President hears the opinion of the Minister, and minister or head of the institution responsible in the related fields.
In line with the appreciation on patent as right and the intention to realize a better climate to encourage research performance producing invention in the field of technology, the exploitation of patent by the government must be done proportionally by respecting right of the patent holder. Therefore, the exploitation of patent by the government is done by a notification to the patent holder and the payment of a reasonable amount of royalty.
The matters provided for in this Government Regulation are, among others, the scope of patent exploited by the government, the procedure of proposal for exploitation of patent by the government, royalty, and annual fee.
II. ARTICLE BY ARTICLE
Article 1
Self-explanatory.
Article 2
Paragraph (1)
Self-explanatory
Paragraph (2)
Self-explanatory.
Paragraph (3)
In principle, the exploitation of patent by the government shall be done entirely by the government, but the government may authorize a third party for and on behalf of the government to exploit the patent based on the consideration of efficiency and technological capacity.
Paragraph (4)
Self-explanatory.
Article 3
Self-explanatory.
Article 4
Self-explanatory.
Article 5
In this provision, "opinion" shall mean the opinion of the Minister, minister or head of the institution responsible in the related fields regarding, among others, the product safety, production capacity worthiness, quality, and product benefits.
Article 6
Self-explanatory.
Article 7
Self-explanatory.
Article 8
Paragraph (1)
Self-explanatory.
Paragraph (2)
Letter a
Self-explanatory.
Letter b
Self-explanatory
Letter c
Self-explanatory
Letter d
The ground for exploitation, in this provision, is in the form of recommendation from the minister or head of the institution responsible in the related fields in accordance with the type of invention exploited.
Letter e
Self-explanatory.
Paragraph (3)
Self-explanatory.
Paragraph (4)
Self-explanatory.
Paragraph (5)
Self-explanatory.
Article 9
Self-explanatory.
Article 10
Self-explanatory.
Article 11
Self-explanatory.
Article 12
Self-explanatory.
SUPPLEMENTARY STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4423