Vague Norm on Conditions: Article 60 of Law Number 13 Year 2016 Concerning Patents
- 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/).
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 -