PATENT RIGHT TRANSFER THROUGH WAQF: WHAT ARE THE REQUIREMENTS?

Chrisna Bagus Edhita Praja,Kuni Nasihatun Arifah,Mulyadi Mulyadi,Budi Agus Riswandi

doi:10.20961/yustisia.v7i2.20720

Chrisna Bagus Edhita Praja, Kuni Nasihatun Arifah + Show 2 more

Open Access

https://doi.org/10.20961/yustisia.v7i2.20720

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Abstract

<p>This study aims to examine and identify criteria for patents that can be used as waqf assets. Patents are very potential as waqf asset because of a large number of patent holders in Indonesia with the requirements of productive waqf. Patents are a type of Intellectual Property with the provision of a specified period and are still a debate related to the period of waqf which is always a pro and contradiction, some scholars consider waqf property to be forever but in the waqf law is allowed a waqf property with a specified period. This research method uses a normative legal research method with a Law approach and concept approach as well as secondary data review. The Act used is the Patent Law and the Waqf Act. The results show that the patent that can be used as an waqf asset refers to the provision of waqf property which includes (1) legal ownership of the patent owner and evidenced by a patent certificate (2) is not controversial which means not in a legal dispute until in Kracht van gewijsde or not in internal conflicts for patents owned by several inventors (3) have economic value and use value so that it can benefit the community. Patents can be used as an waqf asset because in the Waqf Law it is explained that the waqf property may be for a specified period. The period in the patent waqf in the deed of the waqf pledge must be adjusted to the period of patent protection.</p>

Highlights

Based on the description in the previous sections, it can be concluded that juridically the transfer of patents through waqf does not conflict with Islamic law, namely the opinion of Hannafiyah scholars who allow waqf with movable objects with the rights inherent therein including patent rights
Article 74 paragraph (1) letter d of Law Number 13 of 2016 concerning Patents allows the transfer of patents through waqf
Patent criteria include (1) patents that are legally owned by the patent owner as evidenced by a patent certificate issued by the Directorate General of Intellectual Property Rights (2)

Summary

Juridical Review Patent as a Waqf Asset

In Law Number 41 of 2004 concerning waqf, explained that the waqf is a wakif legal act to separate and surrender some of his property to be used forever or for a specified period under his interests for worship and general welfare according to shari'ah. The change aims to make waqf as one of the instruments to provide welfare for the Muslim community because it makes waqf as a medium to create economic justice, develop a social security system, reduce poverty, and can improve the feasibility of health care facilities and public service facilities This must be welcomed, meaning that by regulating the transfer of Patents through waqf is expected to stimulate inventors to validate their invitations, and to foster enthusiasm for the Muslim community to make inventions which can later be used as waqf. Because if the patent does not have these elements, it does not fulfill the element of property that can be represented In addition to these three things, in the waqf pledge deed must be stated on the period of waqf of Patent Rights, namely following the 10-year Patent Law for a simple patent and 20 years for a patent from the date of receipt of the patent and the period cannot be extended

CONCLUSION

Findings

SUGGESTION