Legal Implications of Foreign Investment Relating to Technology Transfer in the Patent Regime

Abstract

Introduction: The issue of technology transfer is a problem that is always faced by developing countries, including Indonesia. Since Indonesia has directed its economic development by focusing on the industrial sector, until the industrial sector has become the backbone of the national economy.Purposes of the Research: forms of technology transfer in investment and procedures for technology transfer in investment activities in Indonesia.Methods of the Research: the method used in this research is normative juridical to analyze the legal problems contained in the legislation releted to the problem under study with a qualitative analysis.Results of the Research: the results shown that foreign investment and technology transfer are in inseparable pair. Technology transfer or often reffered to as technology transfer includes, product, production processes and machinery. The technology transfer procedure can be transferred by employing individual foreign experts, providing supplies of machines and other equipment. Legal implication in technology transfer can occur in various forms, such as licensing agreements in technology, technology owners can facilitate technology by giving rights to each person/entity to implement technology with a license, expertise and technology assistance.

Determining directions for improving the legal regulation of technology transfer forms

“…If the process of improving the forms of technology transfer is formed on its basis, the proposed concept will need to be refined. However, in any case, all previous scientific studies [ [1][2][3][4][5][6][7][8] either did not formulate similar propositions or investigated separate aspects. Various options for solving the issue of the existing inefficient regulatory approach to determining the essence of the forms of technology transfer were proposed.…”

“…The approach that equates technology transfer with ways of transferring rights to objects of intellectual property law, which are part of it, no longer meets current economic requirements [2]. Scientific works [1][2][3][4][5][6][7][8] additionally confirm the ineffectiveness of such a regulatory approach, due to the inconsistency with the purpose of technology within economic systems and the inability to ensure the interests of technology transfer participants.…”

“…The main drawback of this approach to determining forms of technology transfer is its one-sidedness. The forms do not take into account the accompanying objects that are part of the technology, especially such as information about the technology and the system of equipment and equipment in which it was already embodied [4]. Thus, the technology that was created as a result of scientific research and research and development works cannot yet receive protection as an object of intellectual property rights and may lead to their loss during the transfer [1].…”

“…Work [4] reported a study of how the patent form of technology transfer affects foreign investment. In the course of the study, it was established that within the framework of technology transfer based on foreign investment, objects that are not covered by patent agreements are always transferred.…”

Implementation of Legal Protection the Famous Trademarks Ikea and Sephora Brand (Trademark’s Law Perspective)

“…(E. L. F. Wijaya, 2020) Perlindungan hukum sebuah merek diharapkan dapat meningkatkan semangat dari seseorang saat ia menghasilkan sebuah karya, karena salah satu tujuan adanya perlindungan atas merek adalah untuk memberikan pengakuan atas intelektual seseorang. (Latukau et al, 2021) Untuk mewujudkan persaingan usaha yang sehat dalam dunia bisnis, ada satu hal penting yang harus diperhatikan, yaitu Merek sebuah produk, baik produk barang maupun produk jasa. Apabila memasuki realita pasar, merek hadir dengan dua fungsi utama yaitu sebagai pembeda dan sebagai penunjuk asal barang.…”