Patent Infringement is a serious violation that can result in legal consequences for those who violate it. Various actions carried out intentionally and without rights can be categorized as Patent Infringements. The essence of these violations is the misuse of other people’s atents for commercial interests or purposes.
Actions considered Patent Infringements are regulated in Article 160 of Law Number 13 of 2016 concerning Patents (Patent Law). As for the activities that are considered Patent Infringements, we summarize them as follows:
- Manufacturing products/processes without the permission of the Patent Holder.
- Using products/processes without the permission of the Patent Holder.
- Selling products/processes without the permission of the Patent Holder.
- Importing products without the permission of the Patent Holder.
- Leasing products/processes without the permission of the Patent Holder.
- Transferring products/processes without the permission of the Patent Holder.
- Providing for sale products/processes without the permission of the Patent Holder.
- Providing for lease products/processes without the permission of the Patent Holder.
- Providing for transfer products/processes without the permission of the Patent Holder.
By understanding the various types of patent infringement, you can at least avoid the legal consequences that can arise as a result of Patent Infringement. There are also very serious legal consequences. For example, Article 161 of the Patent Law states that anyone who deliberately and without rights commits an act as referred to in Article 160, shall be subject to imprisonment for a maximum of 4 (four) years and/or a fine of up to Rp. 1,000,000,000 (one billion rupiah). Meanwhile, criminal sanctions as stipulated in Article 162 of the Patent Law for violations of Simple Patents are imprisonment for a maximum of 2 (two) years and/or a fine of up to Rp. 500,000,000 (five hundred million rupiah).
If you need further information about Patent Protection and Patent Registration in Indonesia or abroad, please get in touch with us via [email protected].
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