Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)

Vague Norm on Conditions: Article 60 of Law Number 13 Year 2016 Concerning Patents

Authors
Anak Agung Sagung Ngurah Indradewi, I Made Wahyu Chandra Satriana
Corresponding Author
Anak Agung Sagung Ngurah Indradewi
Available Online 20 May 2020.
DOI
10.2991/aebmr.k.200513.099How to use a DOI?
Keywords
vague norm, article 60 of Law Number 13 Year 2016, patents
Abstract

Revocation of Law Number 14 Year 2001 concerning Patents for the inception of a new patent law namely Law Number 13 Year 2016 concerning Patents automatically brings fundamental changes to the regulation of patent rights in Indonesia. One of them is the stipulation in Article 60 of Law Number 13 Year 2016 concerning Patents which states that Patent Protection is proven by the inception of a Patent certificate which is retroactive from the Acceptance Date. Specifically, in the provision of Article 60 of Law Number 13 Year 2016 concerning Patents in the phrase “retroactive” in this case it is stated “retroactively from the Acceptance Date”. The meaning of the phrase “retroactively applicable” is causing vague normwhich results in legal uncertainty arising from the regulation of the article. That can be said to contain interpretations of a vague norm in this case reinforced by the absence of a significant explanation and or a straightforward and explanatory explanation to explain a meaning of “retroactive” in the Elucidation Chapter in Article 60 of Law Number 13 Year 2016 About Patents. The information in the Elucidation Chapter in Article 60 of Law Number 13 Year 2016 concerning Patents at the end of the law only mentions Article 60 Sufficiently clear, without explaining the meaning of “Patent protection is evidenced by the issuance of Patent certificates which are retroactive from the Acceptance Date”, it is obligatory to specifically explain the phrase “retroactively” in order not to cause confusion what is meant by” retroactive”in the provisions of article 60. The meaning of the phrase “retroactively applicable” can lead to a vague norm which results in legal uncertainty regarding the regulation of article 60. Therefore, a revision of article 60 of Law Number 13 Year 2016 concerning Patents is needed, especially in Elucidation Chapter of article 60.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
Series
Advances in Economics, Business and Management Research
Publication Date
20 May 2020
ISBN
10.2991/aebmr.k.200513.099
ISSN
2352-5428
DOI
10.2991/aebmr.k.200513.099How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Anak Agung Sagung Ngurah Indradewi
AU  - I Made Wahyu Chandra Satriana
PY  - 2020
DA  - 2020/05/20
TI  - Vague Norm on Conditions: Article 60 of Law Number 13 Year 2016 Concerning Patents
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 511
EP  - 514
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.099
DO  - 10.2991/aebmr.k.200513.099
ID  - Indradewi2020
ER  -