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PREAMBLE

PERMEN_KUMHAM_14_2021_EN

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REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA

NUMBER 14 OF 2021

ON

AMENDMENT TO REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF

INDONESIA NUMBER 30 OF 2019 ON PROCEDURES FOR THE GRANTING OF COMPULSORY PATENT

LICENSING

BY THE GRACE OF GOD ALMIGHTY

THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,

Considering:

  • that in order to support efforts to amend regulations that are related to ease of doing business, protection, and improvement of the investment ecosystem, it has been deemed necessary to have a legal breakthrough to accelerate the settlement process of applications in the simple patent sector;

  • that in order to implement provisions of Article 107 of Law Number 11 of 2020 on Job Creation, Regulation of the Minister of Law and Human Rights Number 30 of 2019 on Procedures for the Granting of Compulsory Patent Licensing has to be amended;

  • that based on the considerations as referred to in letter a and letter b, it has been deemed necessary to establish Regulation of the Minister of Law and Human Rights on Amendment to Regulation of the Minister of Law and Human Rights Number 30 of 2019 on Procedures for the Granting of Compulsory Patent Licensing;

Observing:

  1. Article 17 paragraph (3) of the 1945 Constitution of the Republic of Indonesia;

  2. Law Number 39 of 2008 on State Ministry (State Gazette of the Republic of Indonesia of 2008 Number 166, Supplement to the State Gazette of the Republic of Indonesia Number 4916);

  3. Law Number 13 of 2016 on Patent (State Gazette of the Republic of Indonesia of 2016 Number 176, Supplement to the State Gazette of the Republic of Indonesia Number 5922);

  4. Law Number 11 of 2020 on Job Creation (State Gazette of the Republic of Indonesia of 2020 Number 245, Supplement to the State Gazette of the Republic of Indonesia Number 6573);

  5. Regulation of the President Number 44 of 2015 on the Ministry of Law and Human Rights (State Gazette of the Republic of Indonesia of 2015 Number 84);

  6. Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 29 of 2015 on Organization and Work Procedures at the Ministry of Law and Human Rights of the Republic of Indonesia (Official Gazette of the Republic of Indonesia of 2015 Number 1473) as amended several times, most recently by Regulation of the Minister of Law and Human Rights Number 24 of 2018 on Third Amendment to Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 29 of 2015 on Organization and Work Procedures at the Ministry of Law and Human Rights of the Republic of Indonesia (Official Gazette of the Republic of Indonesia of 2018 Number 1135);

  7. Regulation of the Minister of Law and Human Rights Number 30 of 2019 on Procedures for the Granting

DIVA | DIUNDUH PADA 05 NOVEMBER 2023 1 / 3

of Compulsory Patent Licensing (Official Gazette of the Republic of Indonesia of 2019 Number 1570);

HAS DECIDED:

To establish:

REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS ON AMENDMENT TO REGULATION OF

THE MINISTER OF LAW AND HUMAN RIGHTS NUMBER 30 OF 2019 ON PROCEDURES FOR THE

GRANTING OF COMPULSORY PATENT LICENSING.

Article I

Several provisions in Regulation of the Minister of Law and Human Rights Number 30 of 2019 on Procedures for the Granting of Compulsory Patent Licensing (Official Gazette of the Republic of Indonesia of 2019 Number 1570), have been amended, as follows:

  1. Provisions of letter a of Article 8 have been amended, therefore read as follows:

“Article 8

The Minister may grant Compulsory-licensing based on an application with the following reasons:

  • The Patent Holder fails to implement the obligation as referred to in Article 107 number 2 of Law Number 11 of 2020 on Job Creation within 36 (thirty-six) months after the Patent is granted;

  • The Patent which has been implemented by the Patent Holder or licensee in the form of and in a way which is detrimental to the public interest; or

  • Patent resulting from the development of Patent which has been granted previously is unable to be implemented without utilizing other parties’ Patent which is still in protection.”

  1. Provisions of paragraph (1) and paragraph (3) of Article 10 have been amended, therefore read as follows:

“Article 10

(1) In the event that the granting of Compulsory-licensing for the reason as referred to in Article 8 letter

a, the Minister through the Director-General may send a notification letter to the Patent Holder that the obligation to implement the Patent in Indonesia has passed the 36 (thirty-six) months period after the Patent is granted.

**(2) The noti