CHAPTER VII
EXPLOITATION OF PATENT BY THE GOVERNMENT
Article 99
- If the Government is of the opinion that a patent in Indonesia is very important for the conduct of defense and security of the State and for an urgent need for the sake of public interest, the Government may itself exploit the relevant patent
- The decision to self-exploit a patent shall be regulated by a Presidential Decree after hearing the consideration from the Minister and from the minister or head of the agencies responsible in the relevant field.
Article 100
- The provisions of Article 99 shall apply mutatis mutandis to any invention for which a patent has been requested but which has not been announced as referred to in Article 46
- Where the Government does not or has not yet intended to self-exploit a patent as referred to in paragraph (1), the exploitation of such a patent may only be undertaken with an approval from the Government
- (3) The holder of patent as referred to in paragraph (2) shall be released from the obligation to pay the annual fees until the relevant patent is exploited.
Article 101
- Where the Government intends to self-exploit a patent that is important to the conduct of defense and security of the State and for an urgent need for the sake of public interest, the Government shall notify the patent holder in writing of this fact by setting forth:
- The title and number of the relevant patent as well as the name of patent holder,
- Reasoning,
- The period of exploitation,
- Other matters that are deemed significant.
- The exploitation of a patent by the Government shall be carried out with the provision of reasonable compensation to the patent holder.
Article 102
- The decision of the Government to self-exploit a patent shall be final
- Where the patent holder does not agree with the amount of compensation stipulated by the Government, he may file objections as a lawsuit to the Commercial Court
- The process of examining the lawsuit as referred to in paragraph (2) shall not stop the exploitation of the relevant patent by the Government.
Article 103
Provisions regarding the procedure of exploitation of patent by the Government shall be regulated by a Government Regulation
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