Essential Facilities Doctrine and the Limitation of Exclusive Right on Patent

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