Contract Law : A Brief Overview of IPR (Intellectual Property Rights) Agreement Malpractice

Abstract

This study aims to critically examine malpractice in intellectual property rights (IPR) agreements as part of the dynamics of contract law in the modern era. The primary focus is on how deviations in the implementation of IPR contracts can result in legal, economic, and reputational losses for the parties involved. The method used is library research, involving the analysis of scientific literature, legislation, and the thoughts of legal experts such as John Salmond, W. Friedmann, and R. Subekti. The discussion reveals that malpractice in IPR agreements is often caused by inconsistent contract clauses, license violations, misuse of confidential information, and power imbalances between parties. Preventing such malpractice heavily depends on the clarity of the agreement, the principle of good faith, and the existence of effective dispute resolution mechanisms. Therefore, the drafting of IPR agreements must consider legal clarity, protection of the interests of the weaker party, and compliance with applicable regulations. These findings underscore the need for a progressive contractual legal approach to address the complexities of intellectual property-based legal relationships in the era of globalization