Perkembangan Lisensi Paten Sejak Keluarnya Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja

Abstract

Patent license has great effects on a country’s advancement since it includes technological creation which can increase its economic condition. In a patent license contract, Article 7 Of the TRIP’s Agreement states that HKI protection and enforcement should provide the contribution to technological transfer and deployment by paying attention to balanced interest. Besides that, one of their benefits is for the nation’s advancement. However, law No 11/2020 on Job Creation has eliminated on the obligation to transfer technology in giving the patent license in Indonesia. The research problems are as follows: how about the legal comparison of the obligation of technological transfer in the patent license according to TRIP’s Agreement, Law No. 13/2016 on Patent, and Law No. 11/2020 on Job Creation with the implementation of Patent License Agreement in Indonesia, and how about the development of the patent license from issuance of Law No. 13/2016 on Patent until the issuance of Law No. 11/2020 on Job Creation. The research employs juridical normative method with descriptive analytical approach. Secondary date are collected by conducting library research. They are analyzed qualitatively by using deductive method. The result of the research shows that amendment of Article 20 of Law on Job Creation in giving the patent has eliminated the regulation on the obligation to transfer technology in giving the patent which has the implication onn the human resource development in Indonesia. The technological transfer has given great advantages of the advancement of economic development. The increase in domestic and foreign investment, the advancement of social development.