CHAPTER IV
TRANSFER OF RIGHT AND LICENSE
Part One
Transfer of Right
Article 23
- The Right to Layout Design of Integrated Circuit may be transferred by :
- Inheritance;
- Donation;
- Testament;
- Written agreement; or
- Other reasons recognized by the Law.
- The transfer of Right to Layout Design of Integrated Circuit as referred to in paragraph (1) shall be furnished with the document regarding the transfer.
- All forms of transfer of Right to Layout Design of Integrated Circuit as referred to in paragraph (1) shall be recorded in the General Register of Industrial Design at the Directorate General with the payment of fee as regulated in this Law.
- The transfer of Right to Layout Design of Integrated Circuit that is not recorded in the General Register of Layout Design of Integrated Circuit shall not have any legal effects on any third parties.
- The transfer of Right to Layout Design of Integrated Circuit as referred to in paragraph (3) shall be announced in the Official Gazette of Layout Designs of Integrated Circuits.
Article 24
The transfer of Right to Layout Design of Integrated Circuit shall not nullify the right of the designer to have his/her name and identity included either in the Certificate of Layout Design of Integrated Circuit, in the Official Gazette of Layout Design of Integrated Circuit and in the General Register of Layout Design of Integrated Circuit.
Part Two
License
Article 25
The Right Holder shall be entitled to grant a license to other parties on the basis of a licensing agreement to conduct acts as referred to in Article 8, unless otherwise agreed.
Article 26
Without prejudice to the provisions as referred to in Article 25, the Right Holder may still personally exploit the Layout Design of Integrated Circuit or give a license to a third party to exploit acts as referred to in Article 8, unless agreed otherwise.
Article 27
- A licensing agreement shall be recorded in the General Register of Layout Designs of Integrated Circuits at the Directorate General with the payment of fee as regulated in this Law.
- A licensing agreement that is not recorded in the General Register of Layout Designs of Integrated Circuit shall not have any legal effects on any third party.
- (3) The licensing agreement as referred to in paragraph (1) shall be announced in the Official Gazette of Layout Designs of Integrated Circuits.
Article 28
- A Licensing agreement shall not contain provisions that damage the Indonesian economy or provisions that can create an unfair competition as regulated in the prevailing laws and regulations.
- The Directorate General must 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 recording of licensing agreements shall be regulated by Presidential Decree.