ESSENTIAL FACILITIES DOCTRINE AND THE LIMITATION OF EXCLUSIVE RIGHT ON PATENT

Abstract

The Patent Object includes the Patent holder who prohibits the others to control that prominent
facility. Thereby, the Patent holder has violated the Act No. 5 of 1999 regarding the prohibition
of monopolistic practice and unfair business competition. The aim of this study is to produce a
systematic explanation whether the law on the business competition can be one of the factors
limiting the exclusive patent right, and the systematic on the Essential Facilities Doctrine in the
business competition is able to limit the exclusive patent right. The method conducted in this
study is normative. The typology of this research is Doctrinal Research. Moreover, this studi also
uses the statute approach, conceptual approach, and case study. The result of the study reveals
that there is Patent object which categorized as the prominent facility or referred to as the
Essential Facilities Doctrine. The correlation with the intellectual property is the Patent exclusive
right and the licenses will lead to monopolistic practices. This matter in the perspective of
Business Competition Law is not justified, but in the perspective of Intellectual Property Law is
the contrary because of the existence of monopoly patent right. This study will benefit a group of
people who have registered their ideas regarding the process or product of their invention in the
technology field with a Patent will get exclusive right for a certain period of time. They will be
allowed to use it by themselves or give their consent to the other parties regarding the use of that
idea. That exclusive right contains a monopoly for the Patent holder, so that it will create an
unfair competition if the right limit is misused.