CHAPTER V
TRANSFER AND LICENSE OF A PATENT
Part One
Transfer
Article 66
- A patent or the ownership of a patent may be transferred in whole or in part by:
- Inheritance,
- Donation,
- Testament,
- Written agreement; or
- Other reasons recognized by the law.
- The transfer of a patent as referred to in paragraph (1) items a, b and c shall be furnished with the original patent documents together with other rights pertaining to the relevant patent
- All forms of patent transfer as referred to in paragraph (1) must be recorded and announced, with the payment of a fee
- Any transfer of patent, which is not in accordance with the provisions of this Article, shall be invalid and void
- The requirements and procedures for the recording of patent transfers shall be further regulated by a Presidential Decree.
Article 67
- Except for inheritance, the rights as the prior user as referred to in Article 13 shall not be transferred
- The transfer of right as referred to in paragraph (1) shall be recorded and announced, with the payment of a fee.
Article 68
The transfer of right shall not nullify the right of the inventor to have his name or other identity included in the relevant patent.
Part Two
License
Article 69
- A patent holder shall have the right to grant a license to other person on the basis of a licensing agreement in order to perform acts as referred to in Article 16
- Unless agreed otherwise, the scope of a license as referred to in paragraph (1) shall cover acts as referred to in Article 16 and shall continue for the term of the license granted, and shall be effective for the entire territory of the Republic of Indonesia.
Article 70
Unless agreed otherwise, a patent holder shall continue to be able to personally exploit the invention or to grant a license to any other third party to perform acts as referred to in Article 16.
Article 71
- A licensing agreement shall be prohibited to contain provisions that may directly or indirectly give rise to effects which damage the Indonesian economy, or to contain restrictions which obstruct the ability of the Indonesian people to master and develop technology in general and in connection with the patented invention in particular
- The Directorate General shall refuse any request for registration of a licensing agreement containing provisions as referred to in paragraph (1).
Article 72
- A licensing agreement shall be recorded and announced, with the payment of a fee
- Where a licensing agreement is not recorded at the Directorate General as referred to in paragraph (1), said licensing agreement will not have legal effects on a third party.
Article 73
Further provisions concerning licensing agreements shall be regulated by a Government Regulation.
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