CHAPTER VII: USE OF PATENT BY THE GOVERNMENT

 

Article 104

(1) If the Government is of the opinion that a patent in Indonesia is very important to the conduct of the State Defence and security, the Government may itself use the patent concerned.

(2) The decision to itself use a patent shall be regulated by Presidential Decision after hearing the considerations of the Minister and the Minister responsible for the field of State defence and security.

 

Article 105

(1) The provisions of Article 104 shall also apply to inventions for which patents have been requested but which have not been announced referred to in Article 52.

(2) Where the Government does not or does not yet intend to itself use the patent referred to in paragraph (1), the use of a similar patent may only be undertaken with Government approval.

 

Article 106

(1) Where the Government intends to itself use a patent that is important to the conduct of the State defence and security, the Government shall notify the Patent Holder in writing of this fact setting forth:

a. the name and number of the patent;

b. reasons;

c. the period of use;

d. other matters regarded as significant.

(2) The use of a patent by the Government shall be carried out with the provision of reasonable compensation to the Patent Holder.

 

Article 107

(1) A decision of the Government to itself use a patent shall be final.

(2) Where the Patent Holder does not agree with the amount of compensation stipulated by the Government, objections may be filed to the District Court of Central Jakarta.

(3) Objections referred to in paragraph (2) shall be filed as a civil claim.

(4) The process of examining a claim referred to in paragraph (3) shall not stop the use of the patent by the Government.

 

Article 108

Further implementation of the provisions contained in this Chapter shall be regulated in a Government Regulation.

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