KEBERADAAN DAN IMPLIKASI PRINSIP MFN DAN NT DALAM PENGATURAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA
Abstract: The WTO – TRIPs
Agreement regulates the principle of non- discrimination which must be complied by its member countries.
There are two principle of non discrimination namely the principle of National
Treatment ( NT ) and Most Favoured Nations principle (MFN).
This study focus to the adoption of MFN and NT principles into
Intellectual Property Rights laws of
Indonesia whether it harmony with the legal system in Indonesia. This
study uses the normative legal research methods by using conceptual approach and statute approach .
The legal materials that studies in this
research consists of the Primary Legal
Materials : Act No. 19 of 2002 , Act No. No. . 15 of 2001, Act No. 14
of 2001, as well as the TRIPs
Agreement. Secondary legal materials
studied in this research are legal text books and law journals related to
NT and MFN principle in the field of IntellectualProperty Rights.
The results showed that the Principle of Non Discrimination System in the
form of the principle of National Treatment (NT) expressly governed
through Article 3 TRIPs Agreement and
the principle of Most Favoured Nations (MFN) regulated through
Article 4 TRIPS Agreement. As a
member of WTO-TRIPs Agreement, Indonesia should comply and adopt the MFN and NT
principles into IPR laws. Currently those principles exist implicitly and
explicitly such as in the Act No. 19 of 2002, the Act No. 14 of 2001, and the
Act No. 15 of 2001. Although the MFN and
NT principles has already adopted, it is still need more effort to implement
the principle of non Discrimination, especially in the relationship between
Indonesia and other unequal size countries, between developing and developed countries.
Penulis: Ni Ketut Supasti
Dharmawan
Kode Jurnal: jphukumdd140295
