KEBERADAAN DAN IMPLIKASI PRINSIP MFN DAN NT DALAM PENGATURAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA

Abstract

The WTO – TRIPs Agreement regulates the principle of non- discrimination which
must be complied by its member countries. There are two principle of non discrimination
namely the principle of National Treatment ( NT ) and Most Favoured Nations principle
(MFN).  This study focus to the adoption of MFN and NT principles into Intellectual
Property Rights  laws of Indonesia whether it harmony with the legal system in Indonesia.  
This study uses the normative legal research methods by using  conceptual approach
and statute approach . The  legal materials that studies in this research  consists of the
Primary Legal Materials : Act No.  19 of  2002 , Act No. No. . 15 of 2001, Act No. 14 of
2001,  as well as the TRIPs Agreement.  Secondary legal materials studied in this research are 
legal text books and law journals related to NT and MFN principle in the field of Intellectual
Property Rights.                                  .
The results showed that the Principle of Non Discrimination System in the form of the
principle of National Treatment (NT) expressly governed through  Article 3 TRIPs
Agreement and the principle of Most Favoured Nations (MFN) regulated  through  Article 4
TRIPS Agreement.  As a member of WTO-TRIPs Agreement, Indonesia should comply and
adopt the MFN and NT principles into IPR laws. Currently those principles exist implicitly
and explicitly such as in the Act No. 19 of 2002, the Act No. 14 of 2001, and the Act No. 15
of 2001.  Although the MFN and NT principles has already adopted, it is still need more
effort to implement the principle of non Discrimination, especially in the relationship
between Indonesia and other unequal size countries, between developing and developed
countries.