ANALISIS YURIDIS PUTUSAN MAHKAMAHAGUNG TENTANG PATEN NOMOR 167 K/PDT-SUS-HK/2017 TENTANG PERLINDUNGAN HAK PATEN ANTARA INDRA MUKINI (IM) DAN SUKANTO (S) DITINJAU DARI TRADE-RELATED ASPECT OF INTELECTUAL PROPERTY RIGHTS (TRIPS) TAHUN 1994 DAN UNDANG-UNDANG

Abstract

Patents provide protection for inventors that their inventions cannot be used, distributed,sold, produced commercially,imported, exploid without the consent of the current owner. (2) How is the juridial analysis f Makahamah Agung Decision Number 167K/Pdt-Sus_Hk/2017 concerning the Patent Dispute between Indra Mukin (IM) and Sukanto (S) in terms of the 1994 Trips? (1) Patent protection according to International Law (TRIPs) and National Law means that according to TRIPs patent protection is granted to any invention, both products and processes in allfields of technology, provided that the invention is new, has inventive steps, as well as industrial applicability and legal patent protection. national is a patent granted on the basis of an application and the application is filed by paying a fee to the Directorate of Patents, Directorate General of Intellectual Property, (2) Juridical Analysis of Makahamah Agung Decision Number 167K/Pdt-Sus_Hk/2017 concerning the Patent Dispute between Indra Mukin (IM) and Sukanto (S) in terms of the 1994 Trips, the LPG Regulator Tool IDS Number 000001445 by another party, the entrepreneur naed Indra Mukini filed a lawsuit at the Commercial Court because the Directorate General of Intellectual Property, Ministry of Law and Human Rights of the Republic of Indonesia had previously issued simple patent certificate for Regul Tool LPG breastfeeding. This is regulated in Article 3 of Law Number 14 year 2001 concerding Current Patents in TRIPs also stipulates that patents provide exclusive rights to patent holders in order to prevent third parties from taking or claiming that a product or invention belongs to him. The patents may only be used by a third party with the permission of the patent holder, this is regulated in Article 31 letter b TRIPs.