Abstract
Evaluating the consequences of the existing creator and inventor doctrine on access to information and technology (IT), this dissertation investigates the ways to find, particularly in Indonesia, the most adequate legal protection that may bridge public interest and private interest in this respect. For that reason, this dissertation aims to
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elaborate the existing intellectual property law protection in order to optimize the production, dissemination and utilization of information and technology (IT) for the greatest benefit of the people. This protection is meant to create broader public access to any essential product in the field of food, agriculture, health and education in order to maintain the sustainability of collective life. In doing so, this study wants to contribute to public and private debates with representatives of industry and academia, particularly in Indonesia. This dissertation argues that strategic concepts should be developed in order to answer to the dramatic recent expansion of corporate intellectual property protection in order to guarantee public access to essential products covered particularly by copyright and patent law. This effort is required in view of the threat that otherwise the flows of IT would be obstructed, which is detrimental to maintaining the sustainability of collective life. One of the strategic steps is to re-examine the applicability of the creator and inventor doctrine. For that aim, it is relevant to determine to what extent the private exploitation of exclusive intellectual property rights with regard to informational and technological products should be allowed, particularly if it involves public interest, social function, or fundamental rights issues. For that reason, this dissertation will not only re-examine the status of the exclusive intellectual property rights, but also the freedom of contractual exploitation and the implication thereof in Indonesia. In addition, it offers some strategic concepts at the pre- grant and post-grant levels. At the pre-grant level this dissertation elaborates a co- ordinated structure, promoting the concept of tailor-made intellectual property law and contract law regimes. The co-ordinated structure contains universal values (fundamental rights) as linked to the Indonesian Grand Norms formulated in the Pancasila doctrine. Finally, at the post-grant level, the study offers the notion of the constitutionalization of intellectual property law and contract law as a method for optimising the utilization of IT in Indonesia. This approach may be said to create an appropriate regulatory model with regard to creating, funding and controlling of a balanced system of exclusive intellectual property rights and fundamental rights.***
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