ENFORCEMENT OF AGREEMENT ON TRIP'S AND EFFECT ON LAW NUMBER 14/2001 ABOUT PATENTS

ENFORCEMENT OF AGREEMENT ON TRIP'S AND EFFECT ON LAW NUMBER 14/2001 ABOUT PATENTS

A. BACKGROUNDGlobalisasai a term of English and French Globalization or mondialisation, in Spain and Latin America called Globaliszacion. The Germans called it Globaliseierung (Anthony Giddens, 1991, Runaway World How Globalizations is Reshaping Our Lives). Dictionary Oxford Dictionary Of Words 1991 issue manifestly page 22 lists the "Global" as a new word. (Roland Roberson, Globalization: Social Theory And Global Culture, London: Sage, 1992).Globalization can be characterized by the understanding of some of the statements by the following experts:1. Robertson said "as a concept Globaliszation Refers both to the compression of the world and the intensification of consciousness of the world as a whole.2. Lodge says "Globalization is the proscess whereby the world's people are becoming increasingly interconnected in all Facets of Reviews their lives cultural, economic, political, technological and environmental. A major impetus to globalization is the ever increasing flow of information, mone, and goods through multinational corporations.3. Sugardo mngatakan that globalization as a process of further development tranparansinya part of the world with the rest of the world, resulting in various aspects of the global dimension of human life or insightful.Globalization seen from the characteristic of having an impact on some aspects as beikut: First, with the globalization none of the countries which can develop by isolating themselves from the outside world. Second, globalization also means that any changes or developments of a country will have a broad and rapid effect on other countries. Third, the presence of globalization, each country is increasingly demanded to wear international standards for the implementation of development activities in all areas of national life. Fourth, in the economic globalization means the growing process of production based on specialization between countries is more complex. Fifth, because the process of globalization based on information technology, komonikasi and transport, to take maximum advantage of this development, each country should strive to improve the technological capabilities, particularly in the field of information komonikasi and transport (Edi Sugardo).In writing this paper, the author examines the liberalization of free trade contained in Agreemen Establishing the World Trade Organization (WTO) which includes scheduled TRIP'S (Agreement on Trade Related Aspects of Intelelectual Property Right) and enactment TRIP'S dated 1 January 2000. as known Indonesia has ratified The WTO provisions through Act No. 7 of 1994 on Ratification of the Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization). It makes a beacon that should be addressed properly by the employers here at home, because there is no new obligations. The existence of the WTO that the TRIP'S an example of liberalization in the economic field as stressed by the world internasioanal. Its existence is equivalent institution established to deal with the global economy stantdard-loaded with regional and international standards. Indonesian economic conditions in the system as well as the quality of products is not adequate to make a weak position to compete.The provisions of the TRIP'S pressing Indonesia to have legislation as contained therein. In this case I will examine the provisions of the legislation, namely the Law of the Republic of Indonesia Number 14 of 2001 on Patent.
B. ISSUESHow enactment of Law No. 14 of 2001 on Patent associated with the provisions of the Agreement on TRIP'S?
C. DISCUSSIONIntellectual Property Rights (IPR) is one of free trade liberalization agenda as contained in the Agreement Establishing -the World Trade Organization. At a meeting in Morocco (Marrakesh Agreement) on April 15, 1994, scheduled'S TRIP (Trade Related Aspects of Intellectual Property Rights). The main purpose of the agenda to protect intellectual property rights and piracy (infringement) upon innovative work, both in the fields of literature, art, technology, and literature.Indonesia has ratified the provisions of the World Trade Organization (WTO) through Act No. 7 of 1994 on Ratification of the Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization). In the structure of the WTO confirmed the Council For Trade realated Property Rights or the council for trade-related aspects of intellectual property rights. On Article 7'S TRIP Agreement reads: "The protection and enforcement of intellectual property rights aim to encourage innovation, transfer and dissemination of technology as well as obtaining the benefits shared between income and users of technological knowledge, creating social and economic prosperity, as well as the balance between rights and obligations.There are five international conventions that have been approved by the Indonesian government namely:a. Paris Convention for the Protection of Industrial Property and the Convention on Establishing the World Intellectual Property Organization (enacted through Presidential Decree No. 15/1997).b. Patent Cooperation Treaty (PCT and Regulations under the PCT) (ratified by Presidential Decree No. 16/1997).c. Trademark Law Treaty (ratified Presidential Decree No. 17 of 1997).d. Berne Convention for the Protection of Literary and Artistic Works (enacted through Presidential Decree No. 18/1997).e. WIPO Copyright Treaty (ratified by Presidential Decree No. 19/1997).Sementra that, in the convention WIPO (World Intellectual Property Organization), sebuh inplementasi world institution that oversees the enforcement of intellectual property rights and has beralfiliasi to the United Nations and have a working agreement with the WTO ssama, defines intellectual property rights as follows:Intellectual property shall include the rights Relating to: literary, artistic and scientific works, inventions in all fields of human endeavor, scientific discoveries, industrial designs, trademarks, service marks, and commercial names and designations, protection against unfair competition, and all other rights the resulting from intellectual activity in the industrial. Scientific, literary or artistic fields (article 2 of the World Intellectual Property Organization, 1967).Formulation and implementation of the Trade Secrets Act, Industrial Designs Act, Act Layout Designs of Integrated Circuits, Patents Act (makalalah this study), Trademark Law and Copyright Law are the sole responsibility Indonesia , due to participate in the establishment and a member of the World Trade Organization or the World Trade Organization in which also covers aspects of trade in IPR (Trade Related Aspects of Intellectual Property Rights / TRIP's) which have been ratified and approved through Law No. 7 Year 1994 On Ratification of Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization). In the TRIP's Agreement portions relating to the standard IP settings set in Part II, Standard Concerning the Availability, Scope and Use of Intellectual Property Rights, and are listed from Section 1, Article 9 to Section 8, Article 40. These include provisions as follows:1. Copyright and Related Rights.2. Trademarks.3. Geographical Indications.4. Industrial Designs.5. Patents.6. Layout-Designs (Topographies) Of Integrated Circuits.7. Protection of Undisclosed Information.8. Control of Anti-Competitive Practices In Contractual Licenses.
In agreement TRIP'S, Patents defined: Patent is a document, issued by a government office, the which describes the invention and creates a legal situation in the which the Patented invention can normally only be exploited (made, used, sold, imported) by or with the authorization of, the Patentee.Patent protection in Indonesia has started since the Dutch colonial period to the authorized Octrooi Wet (Patents Act) No. 136 1911 through Staatblaad No. 313, the passage of legislation was accompanied by the attestation Industrieel Eigendom Kolonien 1912 (1912 Colonial Industrial Property Rights) are provide protection against patent, trademark, and industrial design. But then out the announcement of the Minister of Justice of the Republic of Indonesia Number: JS5 / 41 dated August 12, 1953 and No. JG.1 / 2/17 dated October 29, 1953 that regulates the patent registration, so Octrooi Wet void.After Indonesia's independence, was born product of laws and new laws, namely Law No. 6 of 1989 on Patents. The patent protection granted for 14 (fourteen) years from the date of application (filing date) and can be extended for 2 (two) years for certain patents, for example, chemical or drug patent, and to the simple patent is only granted protection for 5 (five) years since the date of registration.Act No. 6 of 1989 was revised by Act No. 13 of 1997 on Patents. In Act No. 13 of 1997 is the patent protection granted for 20 (twenty) years from the date of receipt, and simple patent protection granted for 10 (ten) years from the date of registration, and no extension of the term of protection for patent, or utility models after a period of above ends.The revision of the Patent law is a logical consequence of the AGREEMENT ON TRIP'S which requires participating countries of the World Trade Organization (World Trade Organization / WTO) harmonize its IP system including the Patent Act.By paying attention to economic development, technology, and the growing participation of Indonesia in the Patent Cooperation Treaty (Patent Cooperation Treaty or PCT), then once again experiencing the Patent Act amendment, the Patent Law No. 13 of 1997 amended the Patents Act No. 14 2001 which was passed on August 1, 2001. The term of the patent protection is simple according to the new Patent Act is little changed, because the term of protection for 10 (ten) years counted from the date of receipt and not calculated from the date of filing (Vide Article 9 Patents Act No. 14 of 2001).Law of the Republic of Indonesia Number 14 of 2001 consists of 17 Chapters and 139 Articles passed and enacted on 1 August 2001. According to Law No. 14 of 2001 on Patents, Patents are exclusive rights granted by the State to an Inventor for his Invention in technology , which for a given period to the Invention themselves or to give permission to others to do so (Vide Article 1 paragraph 1 of Law No. 14 of 2001).Meanwhile, the meaning of Invention and Inventor (contained in the definition above, also according to the law, is): Invention Inventor is an idea that is poured into a specific problem-solving activities in the field of technology can be a product or process, or the improvement and development of products or processes (Vide Article 1 paragraph 2 of Law No. 14 of 2001). Inventor is a person or several persons acting jointly implementing an idea poured into activities that produce inventions (Vide Article 1 paragraph 3 of Law No. 14 of 2001).Said patent, derived from English: Patent, which originally comes from the Parterre, which means opening up (for public inspection), and also from the term Letters Patent, which issued royal decree which provides exclusive rights to certain individuals and businesses , From the definition of the word patent itself, encourage inventors to patent the concept of open knowledge for the betterment of society and instead, inventor gets exclusive rights for a certain period. Given the grant of patent does not regulate who should conduct patented invention, patent system is not considered a monopoly.
D. CONCLUSIONAs the closing of this paper, the authors describe as follows:As a country that is part of the international world has globalized, Indonesia, which also ratified various international conventions and agreements, then inevitably have to unlock him. Indonesia Telam meratifaki WTO which includes Agreemen on TRIP's governing patent. The laws governing patent has been done many times and the last revision was the release of Act No. 14 of 2001 on Patents, this is a consequence that Indonesia should follow international standards if you want to go forward and not isolated in the association, especially on international trade field international. Menupakan patent submission of evidence to the Indonesian foreign laws are constantly trying to exert influence, because Indonesia has a vast number of people and a great country which is a potential market share for investors and products of developed countries. 
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www.google.co.id, Patents, accessible in Cilacap dated June 18, 2007.
Act No. 7 of 1997 on Ratification of the Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization).
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Law Number 14/2001 about Patents.