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Legal Protection of Invention in The Field of Bioinformatics in Indonesia and Singapore

Authors :
Abdul Atsar
Source :
Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017).
Publication Year :
2018
Publisher :
Atlantis Press, 2018.

Abstract

The positive impact of globalization, the increasing progress of science and technology, such as biological science and information technology. The advancement of science and technology will give birth to creative people who can produce innovative products, such as in the field of bioinformatics so they need legal protection for their work or invention through legal protection system of Intellectual Property Rights. The method of writing this research is normative juridical. The approach of this research is the approach of legislation, conceptual, and comparative. This research includes descriptive research. In this research, used primary data source and secondary data source. Data analysis technique is qualitative normative analysis technique. Software, databases, methodologies and bioinformatics products can only be protected through the copyright regime, this is based on the provisions of Law no. 28 of 2014 on Copyright, Article 40 paragraph (1). A software (software) can still be protected by a Patent mechanism if the software related to the computer program can solve technical problems and related to technology and there is already patent protection from the country of origin. Law no. 13 of 2016, Article 4. Only bioinformatics hardware, patented. In addition, bioinformatics (information) methodologies and products (information) can be protected through a trade secret regime. It is stipulated in the provisions of Article 1 number 1 and Article 2 of Law no. 30 Year 2000. Singapore governing Patents is a Patent Act (Chapters 221, Sections 42, 110 and 115) may be given for the discovery of a product or process. The invention shall meet the following conditions: 1) new; 2) inventive step; 3) Applicable in industry; 4) The publication or exploitation of the invention is generally not expected to encourage violent, immoral or anti-social behavior; Bioinformatics may be protected by Patents if they meet these four conditions. The law governing patent protection in Singapore when compared to Law no. 13 of 2016, has similarities regarding its patentability and protection terms, patent subjects, legal remedies and other types of patents.

Details

Database :
OpenAIRE
Journal :
Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
Accession number :
edsair.doi...........b95ec895ce78d11e0cc832950e7acc70
Full Text :
https://doi.org/10.2991/iclgg-17.2018.1