Part Four
Rights and Obligations of a Patent Holder
Article 16
- A patent holder shall have the exclusive right to exploit his patent and prohibit any other party who without his consent:
- In the case of product-patent: makes, uses, sells, imports, rents out, delivers, or makes available for sale or rental or delivery of the patented product,
- In the case of process-patent: uses the patented production process to make products and commits other activities as referred to in point a.
- In the case of process-patent; such prohibition against any other party who without his consent commits the importation as referred to in paragraph (1) shall only apply to imported products solely produced from the use of the pertinent process patent
- Exempted from the provisions as referred to in paragraph (1) and paragraph (2) if the use of said patent is for the sake of education, research, experiment, or analysis, as long as it does not harm the normal interest of the patent holder.
Article 17
- Without prejudice to the provisions in Article 16'paragraph (1), a patent holder shall be obliged to make products or to use the process that has been granted a patent in Indonesia
- Exempted from the obligation as referred to in paragraph (1) if the making of the product or the use of the process is only suitable to be implemented in a regional scale
- The exemption as referred to in paragraph (2) may only be approved by the Directorate General if the patent holder has submitted a written request that is accompanied by the reasons and evidence issued by the authorized agency
- The requirements regarding the exemption and the procedure of submitting a written request as referred to in paragraph (3) shall be regulated further by a Government Regulation.
Article 18
For purposes of maintaining the validity of a patent and the recording of licenses, the patent holder or licensee must pay the annual fees.
Part Five
Legal Action against Infringement on Patent
Article 19
In the case of the importation of a product into Indonesia of which the process to produce the relevant product has been protected by a patent based on this Law, the patent holder of the process shall have the right, based on the provisions of Article 16 paragraph (2) to bring a legal action against the imported product, if the product was made in Indonesia by using the patented process.
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