文章基本信息

标题：KEBERADAAN DAN IMPLIKASI PRINSIP MFN DAN NT DALAM PENGATURAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA
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作者：Ni Ketut Supasti Dharmawan ; Wayan Wiryawan
期刊名称：Jurnal Magister Hukum Udayana
印刷版ISSN：2302-528X
出版年度：2014
卷号：3
期号：2
页码：259-274
DOI：10.24843/JMHU.2014.v03.i02.p03
语种：Indonesian
出版社：Universitas Udayana
摘要：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 Intellectual Property 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.
关键词：Intellectual Property Rights;MFN;NT;TRIPS Agreement