Analisis Hukum terhadap Sengketa Hak Paten antara Nokia dan PT Bright Mobile Telecommunication dalam Perspektif UU No. 13 Tahun 2016 tentang Paten

Abstract

The purpose of this study is to find out about the Chronology and Facts of the Case Between Nokia VS PT Bright Mobile Telecommunication, Analysis of the Legal Basis of the Disputed Patent Rights, Legal Position and Arguments of the Parties, Assessment of the Decision or Settlement of the Case, and Legal Implications and Its Impact on Patent Protection in Indonesia. The methodology of this study is library research. The findings of this study are: First, The case of PT Bright Mobile Telecommunication and Nokia began when Nokia, the holder of the IDP000031184 cellular technology patent, accused PT Bright of using its patent technology without permission on Oppo and Realme phones. Second, In the case of Nokia and PT Bright Mobile Telecommunication, the legal basis for patent rights is based on Law Number 13 of 2016 concerning Patents. Third, The legal position and arguments of the parties in patent guarantee cases are generally based on the exclusive rights of patent holders regulated in national laws and international standards. Fourth, The assessment of the decision or ruling in the Nokia vs. PT Bright Mobile Telecommunication case shows that the Indonesian patent protection system still faces many problems. Fifth, The legal impact of patent protection in Indonesia and the pressure that Law No. 13 of 2016 encourages innovation and provides legal security for patent holders.