Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Are there any limits on patent protection due to antitrust laws?

Answer ... Essentially, a patent registration gives the holder exclusive rights to implement and exploit the patented invention. Therefore, it generally will not be limited by anti-monopoly and/or antitrust law.

However, the Patent Law does include provisions on mandatory licences, which are granted pursuant to a decree of the Minister of Law and Human Rights further to an application from a third party based on the following grounds:

  • The patent holder has not performed its obligation to produce the patented product or use the patented process in Indonesia within 36 months as of the issuance date of the patent;
  • The patent is being implemented by the patent holder or its licensee in a way that is detrimental to the general public; or
  • A new patent resulting from a previous granted patent cannot be implemented without using that patent, which is still valid and has not expired.

A mandatory licence will be granted by the minister only if:

  • the applicant can provide sufficient evidence that it has the capability and facilities to immediately implement the relevant patent;
  • the applicant has taken steps within the last 12 months to obtain a direct licence from the patent holder based on reasonable terms and conditions, but has not succeeded; and
  • the Minister of Law and Human Rights is of the opinion that the relevant patent can be implemented in Indonesia on a reasonable economic scale and provide benefits to the public.

For more information about this answer please contact: Dewi Soeharto from Assegaf Hamzah & Partners