Research Article
Bankruptcy Law Review of Patent Rights in Law No. 37 of 2004
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349147, author={Heri Subagyo and Evita Isretno Israhadi}, title={Bankruptcy Law Review of Patent Rights in Law No. 37 of 2004}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={bankruptcy law review patents law no 37 of 2004}, doi={10.4108/eai.25-5-2024.2349147} }
- Heri Subagyo
Evita Isretno Israhadi
Year: 2024
Bankruptcy Law Review of Patent Rights in Law No. 37 of 2004
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349147
Abstract
In Bankruptcy law, copyright protection also becomes a concern similar to patent protection. Moreover, Article 50 of the Criminal Code states that anyone who intentionally and without right creates, copies, disseminates, or uses the creations of others, knowing that those creations belong to others, is subject to imprisonment for a maximum of four years or a fine of up to nine hundred Indonesian Rupiah. It shows that copyright infringement in bankruptcy can also be subject to criminal sanctions according to applicable law. The research is Normative. The approach used is the statute approach and conceptual approach. Secondary data sources are utilized. Data analysis is conducted qualitatively and descriptively. Conclusions are drawn deductively, deriving conclusions from general to specific, especially related to the research topic: Examination of Bankruptcy Law Regarding Patents in Law No. 37 of 2004. This research finds that Article 42 of the Bankruptcy Law provides a clear legal basis regarding the treatment of patents in bankruptcy, where patents are included in company assets that can be managed for the benefit of creditors. However, there are complex implications to consider, such as the reduction of patent value, criminal penalties for patent infringement, and protection of patents from actions that harm creditors or third parties not involved in the bankruptcy process.