CHAPTER IV
TRANSFER OF RIGHTS AND LICENSE
Part One
Transfer of Rights
Article 5
- The Right to Trade Secret may be transferred by :
- Inheritance;
- Donation;
- Testament;
- Written agreement;
- Other reasons recognized by the Law.
- The transfer of Right to Trade Secret as referred to in paragraph (1) shall be furnished with the documents on the transfer.
- All forms of transfer of Right to Trade Secret as referred to in paragraph (1) shall be recorded at the Directorate General with the payment of fee as regulated in this Law.
- A transfer of Right to Trade Secret that is not recorded at the Directorate General shall have not any legal effects on any third party.
- The transfer of Right to Trade Secret as referred to in paragraph (3) shall be announced in the Official Gazette of Trade Secret.
Part Two
License
Article 6
The Right Holder to Trade Secret shall be entitled to grant a license to a third party on the basis of a licensing agreement to conduct acts as referred to in Article 4, unless agreed otherwise.
Article 7
Without prejudice to the provisions as referred to in Article 6, the Right Holder to Trade Secret may still personally exploit or to grant a license to a third party to conduct acts as referred to in Article 4, unless agreed otherwise.
Article 8
- A licensing agreement shall be recorded at the Directorate General with the payment of fee as regulated in this Law.
- A licensing agreement that is not recorded at the Directorate General shall not have any legal effects on any third party.
- The licensing agreement as referred to in paragraph (1) shall be announced in the Official Gazette of Trade Secret.
Article 9
- A licensing agreement shall not contain any provisions that may directly or indirectly damage the Indonesian economy or provisions that can create an unfair competition as regulated in the prevailing laws and regulations.
- The Directorate General shall refuse any request for the recording of a licensing agreement that contains the provisions as referred to in paragraph (1).
- The provisions regarding the requirements and procedure of licensing agreement shall be further regulated by Presidential Decree.