International Patent Law and Its Implementation in Indonesia : Can It Facilitate Technology Transfer ?

Abstract

Background and Purpose: Indonesia has patent law for more than three decades and has made adjustments with the Trade related of Intellectual Property Rights (TRIPs) Agreement by revising such patent law several times with the aim of encouraging innovation and technology transfer as promised by the Agreement, but technological capacity and technology transfer are still low. The purpose of this study is to analyse whether the implementation of international patent law in Indonesia facilitates innovation and technology transfer to increase technological capacity. Methodology: This study used a normative legal research methodology. It used statutory and conceptual approaches. Both approaches were needed to analyse conceptual and theoretical works related to this topic and to examine consistency of applicable laws and policy. Legal resources and legal documents were analysed using descriptive qualitative analysis. Findings: This study found that the implementation of international patent law to promote innovation and technology transfer in Indonesia was still not easy to be seen because the Indonesian Patent Law was not designed comprehensively to promote innovation and technology transfer and lack of consistency of regulations and policies on technology transfer. It also paid less attention to facilitate international technology transfer. Contributions: This study suggests that Indonesia needs comprehensiveness and consistency of all prevailing laws and regulation related to technology transfer, research and development, particularly patent law, to fully use flexibility provided by the TRIPs Agreement to enhance national technological capacity and innovation. Keywords: Indonesian Patent Law, innovation, International Patent Law, technology transfer, TRIPs Agreement. Cite as: Barizah, N. (2021). International patent law and its implementation in Indonesia: Can it facilitate technology transfer? Journal of Nusantara Studies, 6(1), 156-175. http://dx.doi.org/10.24200/jonus.vol6iss1pp156-175