Implementation of Alter Ego Principles Regarding Patent Ownership by Employee Inventors in Indonesia

Authors

  • Muhamad Amirulloh
  • Helitha Novianty Muchtar
  • Kilkoda Agus Saleh

Abstract

Law Number 13 Year 2016 regarding Patents is intended to encourage the welfare of the nation and the state and create a healthy business climate through increased protection for inventors and patent holders. This is predicted to be difficult to achieve due to legal constraints in the consistency of the provisions of the provisions of patent subjects, especially regarding the position and rights of inventor employees compared to investors or employers. The contradictions between articles in this section are clearly seen when the principle of alter ego is used as a knife for analysis. Article 12 of the Patent Law automatically grants patent ownership to the employer / investor, not to the inventor's employee, regardless of the type and / or form of invention produced by the employee. The Patent Law indirectly positions inventor employees as a bargaining position, which has the potential to hamper the inventor's creativity in producing patents and creates an unhealthy business climate. Stages and research methods used are literature study and field research. The method of approach used in this study is normative juridical study. The results show that the alter ego principle has not been implemented properly in the Patent Law related to patent ownership by inventor employees in Indonesia, because Article 12 of the Patent Law defines patent ownership "automatically" to the employer / investor, regardless of whether the invention was produced using or not use resources owned or provided by the employer / investor.

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Published

2020-04-12

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Section

Articles