Perlindungan Hukum Perjanjian Lisensi (Lisence Agreement) Hak Kekayaan Perindustrian Desain Industri dan Paten Kaitannya dengan Alih Teknologi
Abstract
Development in the field of economy, business, trade, science and technology,
industri and investment more rapidly both domestic and international with the
development of the era .of globalization and free trade regulations require that the
order device regulations in new concerned. More rapid development is to bring the
impact of the sharp competition between the economic world,, countries have been
demanding in the regulation of national economic development and create and
exploit opportunities in the global condition of the structure needs to industry and
technology and a strong well-balanced, high wall competitiveness, focus on natural
resources the available human resources and industries with quality and improve
the utilization and development of high technology and sophisticated. Economic
development and business in the field of industry pnd technology does not and
irrespective of the role and policies in government made by economic actors and
business. One of the government policy and carried out by economic actors and the
business is in the field of Property Rights Industry (Industrial-Design and Patents).
Technology transfer is not a simple problem but must be carefully understood that
the scope covers the process of technology transfer include, among others, about the
limits of technology, relationship with industry take over method, identification
technology, which have to be in with a transfer agreementr and negotiation
technology, the connection with technology related rights such as Patents and
Industrial Design, price and assessment of technology, know and how trade market
sellers and buyers of technology and technology relationship as a business capital is
intangaible. Each expression of a study requires an accurate and thorough!.
According to the provisions of the International TRIP'S (of the Trade Related to
Intellectual Property Rights) is a new issue in the economic stage and international
business to set up only one more solicitous about Property Rights Industry is part of
the WTO which is conducied in January 1995 and Indonesia alsp participated in the
Paris Convention which is also a source of Positive Law. Cosequences arrise in the
problem is know how technologi is transferred. Generally we consensus issue
involved in technology transfer is a legal agreeement for the parties before making
the fisrt process has performed a negotiation agreement between the donor and
recipient rights. Industrial Design Rights and Patent related to the technology
through licensing is poured into a license agreement. The provision of this lisence
agreement and any matter that is not simple. Who inventor, ouwner of rights, rights
holders, and who lisensee rights, terms and conditions of each donor and the
recipient will need to license thougts.