Comparison Between the Provision of Fair Compensation in the Implementation of Patents by the Government and Compensation for Procurement of Land for Public Interest

DOI

10.2991/assehr.k.211203.090How to use a DOI?

Keywords

Fair compensation; Government Patent Implementation; Patent; Land Acquisition; Public Interest; compensation

Abstract

Property rights such as land and intellectual property can be taken over in the public interest. There is an attempt to undertake conversations or debate that includes landowners in establishing the amount of compensation due to property purchase in the public interest, as governed by Act Number 2 of 2012 Governing Land Procurement for Development in the Public Interest. In implementing patents by the government for social or public interests as regulated in Act Number 13 of 2016 concerning Patents, there is no regulation regarding deliberation or negotiation in determining reasonable compensation if the government implements a patent. In determining compensation in the form of reasonable compensation for intellectual property, especially patents, the government is carried out without considering the opinion of the patent holder as the owner of the right. With the negotiation or deliberation process, it is hoped that justice will exist for all parties, both for the public interest and the patent holder as the owner of “equality before the law” property rights. Land as a tangible asset, which is the property of tangible objects and is private, also has a public aspect. Property rights to land have a hereditary nature, the strongest and the fullest, but they also have a social function, just like Intellectual Property. There are similarities between material ownership rights to intellectual property and land ownership rights; namely, both are individual property rights. However, it can be seen that the arrangement between the two property rights, when used for the public interest (social interest) by the Government, is unequal.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Putu Ayu Sriasih Wesna
PY  - 2021
DA  - 2021/12/03
TI  - Comparison Between the Provision of Fair Compensation in the Implementation of Patents by the Government and Compensation for Procurement of Land for Public Interest
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 408
EP  - 412
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.090
DO  - 10.2991/assehr.k.211203.090
ID  - Wesna2021
ER  -