Clause in Patent License Contract that Inhibits Technology Transfer Programs in Indonesia

摘要

The issue of technology transfer is a problem that has always been faced by developing countries since the country directed its economic development by focusing on the industrial sector. However, to carry out this development most developing countries face several major obstacles in technology transfer such as funds, experts and technology itself. The main obstacle is in the patent licensing clause that requires the licensee to buy other products or services from the licensor. Actually this clause does not cause problems as long as the products and services of the licensor are indeed really needed for the interests of production from the licensee in Indonesia. The problem that might arise is if the licensee is required to buy other products or services from the licensor that are not actually needed by the licensee. So that it is not only detrimental to the licensee but also harms the state.