Article 16
(1) A patent holder shall have the exclusive right to exploit his patent and prohibit any other party who without his consent:
a. in case of product-patent: makes, uses, sells, imports, rents out, delivers, or supplies for sale or rental or delivery of the patented product;
b. in the case of process-patent: uses the patented production process to make products and commits other activities as referred to in point a.
(2) In the event of process-patent; such prohibition against any other party who without his consent commits the import of products as referred to in paragraph (1) shall only apply to imported products solely produced from the use of the pertinent patent process.
(3) Exempted from the provisions as referred to in paragraphs (1) and (2) if the use of said patent is for the education, research, experiment, or analysis, as long as it does not harm the normal interest of the patent holder.
Article 17
(1) Without prejudice to the provisions in Article 16 paragraph (1), a patent holder shall be obliged to make products or to use the process that has been granted a patent in Indonesia.
(2) Exempted from the obligation as referred to in paragraph (1) if the making of the product or the use of the process is only suitable to be implemented in a regional scale.
(3) The exemption as referred to in paragraph (2) may only be approved by the Directorate General if the patent holder has submitted a written request that is accompanied by the reasons and evidence issued by the authorized agency.
(4) The requirements regarding the exemption and the procedure of submitting a written request as referred to in paragraph (3) shall be regulated further by a Government Regulation.
Article 18
For the management of the validity of a patent and the registration of licenses, the patent holder or license holder shall be obliged to pay the annual fees.
Part Five Legal Action against Infringement on Patent
Article 19
In the event that a product is imported into Indonesia and that the process to produce the relevant product has been protected by a patent based on this Law, the patent holder of the process shall have the right, based on the provisions of Article 16 paragraph (2) to bring a legal action against the imported product, if the product has already been made in Indonesia by using the patented process.
CHAPTER III PATENT APPLICATIONS
Part One General
Article 20
A patent shall be granted on the basis of an application.
Article 21
Each application may be filed for one invention only, or a number of inventions that constitute a unity of invention.
Article 22
A patent application shall be filed to the Directorate General with the payment of a fee.
Article 23
(1) If a patent application is filed by a person other than the inventor, such application must be accompanied with sufficient evidence that the patent applicant is entitled to the relevant invention.
第 16 条(1) 专利持有人应享有专属的权利来利用他的专利,并禁止其他任何一方未经其同意的人:a.在产品专利的情况下: 使、 使用、 销售、 进口、 创始人出来,提供或为出售或出租或交付的专利产品 ; 用品b.过程专利: 使用专利的生产工艺,使产品和提到的一点,即属其他活动。(2) 发生的过程 — — 专利 ;这种禁止犯未经其同意而进口的产品如第 (1) 款所提述的任何其他方只适用于仅用相关的专利工艺生产的进口产品。(3) 获豁免规定段所述 (1) 及 (2) 如果说专利的使用为教育、 研究、 实验或分析,只要不危害专利持有者的正常利息。第十七条(1) 在不损害第 16 条第 (1) 款的规定,专利持有人有义务使的产品,或使用该进程已被授予专利的印度尼西亚。(2) 就第 (1) 款中提到,如果产品的制造或使用过程仅适用于在区域范围内实施豁免的义务。(3) 第 (2) 款所述的哲学豁免可能才可获批准由总局专利持有人提交了伴随的原因和证据认可机构出具的书面的请求。(4) The requirements regarding the exemption and the procedure of submitting a written request as referred to in paragraph (3) shall be regulated further by a Government Regulation.Article 18For the management of the validity of a patent and the registration of licenses, the patent holder or license holder shall be obliged to pay the annual fees.Part Five Legal Action against Infringement on PatentArticle 19In the event that a product is imported into Indonesia and that the process to produce the relevant product has been protected by a patent based on this Law, the patent holder of the process shall have the right, based on the provisions of Article 16 paragraph (2) to bring a legal action against the imported product, if the product has already been made in Indonesia by using the patented process.CHAPTER III PATENT APPLICATIONSPart One GeneralArticle 20A patent shall be granted on the basis of an application.Article 21Each application may be filed for one invention only, or a number of inventions that constitute a unity of invention.Article 22A patent application shall be filed to the Directorate General with the payment of a fee.Article 23(1) If a patent application is filed by a person other than the inventor, such application must be accompanied with sufficient evidence that the patent applicant is entitled to the relevant invention.
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