Comparing patent protection in Indonesia with that in Singapore and Hong Kong

Abstract

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.

Regulation of Patent Protection of Computer Programs as Inventions in Indonesia

“…It is stated that a patent is an exclusive right granted by the state to inventors for the results of their inventions in the field of technology for a certain period of time to carry out the invention itself or give approval to other parties to carry it out (Article 1 paragraph (1) of the Patent Law). With the existence of patent protection, the community will appreciate the invention more 12 . Invention is defined as an inventor's idea that is poured into a specific problem-solving activity in the field of technology in the form of a product or process, or the refinement and development of a product or process 13 .…”

The Dual Burden of Child Sexual Abuse: Victim Experiences and Law Implementation Gaps

“…This indicates that besides physical implications, child sexual abuse also significantly affects the victim's mental state, dominantly influencing their future quality and welfare. In other words, child sexual abuse adversely impacts not only the child's physical condition but also their future mental health and social welfare (Sudirman et al, 2023). Altinyelken & Le Mat (2018) also note that the welfare of child victims of sexual abuse is often overlooked by society and the state, leading to not only physical but also psychological problems.…”

The Dichotomy of Traditional Cuisine Protection in Indonesia: Geographical Indications vs. Traditional Knowledge

“…It's important in preserving a good legal culture that fosters creativity and competition (Putra & Disemadi, 2022). It guarantees the protection to award the inventors or creators, so that they can be rewarded for exerting creativity and knowledge (Sudirman & Disemadi, 2021). Such is the same purpose for Geographical Indications and Traditional Knowledge, which are both applicable in protecting traditional cuisines to reward a certain local community.…”