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All Journal Jurnal Hukum IUS QUIA IUSTUM Civil Officium: Journal of Empirical Studies on Social Science
Hendra Tanu Atmadja
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Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Dampak Special 301 terhadap Industri Rekaman Indonesia Hendra Tanu Atmadja
Jurnal Hukum IUS QUIA IUSTUM Vol. 10 No. 22: Januari 2003
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol10.iss22.art12

Abstract

The United States'strong commitment to global protection of intellectual property rights is rooted in its goal to preserve or regain the competitiveness and dominance of United States exports. In recent years, the United States has been experiencing significant and growing trade imbalances with its trading partners. The development of the Section301 provisions in the Omnibus Trade and Competitiveness Act of 1988 ("Trade Act") over the past twenty years reflects the United States'commitment toward international intellectual property protection. Reacting to GATTs inability to ensureprompt action on complaintsfroth the United States involving proliferating bilateral and free trade agreements. Congress created Section 301 as part of the 1974 Trade Act Subsequently in 1984, recognizing the lack of intellectual property protection in other countries and the billions dollars lost by the United States intellectual property rights holders, Congress amended Section 301 to specifically address these issues. The 1984 Trade Act authorized the president to impose trade sanctions against any country that did not provide adequate intellectual property protection and engaged in "unreasonable and unjustifiable'' trade practices. The 1988Trade Act further amended Section 301 by creating Special 301 provisions, and by granting the United States Trade Representative ("USTR") authority to act on behalf of the interests of the United States intellectual property rights holders.
Pemberian Hak Paten Vaksin Covid-19 Menurut Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Calvin Giovanni, Ericko; Atmadja, Hendra Tanu
Civil Officium: Journal of Empirical Studies on Social Science Vol. 2 No. 2 (2022)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/civilofficium.v1i2.380

Abstract

Intellectual Property Rights, abbreviated as KI (Intellectual Property), has developed from time to time. This development was increasingly seen with the establishment of Trade Related Aspects of Intellectual Property Rights (TRIPs) in 1994 in the Uruguay Round. In TRIPs various IP issues are regulated, one of which is Patents. As a form of intellectual property rights, the granting of a patent by the state to a work or invention in the field of technology is an award to the inventor. These ideas can be realized in the form of processes or objects that are known and used in everyday life. All patent registrations must refer to the TRIPs that have been agreed upon by the participating countries. In 2019, a deadly virus was detected from the city of Wuhan, China, which was initially categorized as a form of pneumonia that attacks local residents. The World Health Organization (WHO) identified the virus as a new type of Corona Virus in January 2020, and gave it an official name as Corona Viruses Disease 2019 (Covid-19). Various countries have made efforts to overcome the malignancy of Covid-19, one of the efforts made is to try to find a drug or vaccine as a solution to the pandemic which is a world problem. Here, the author discusses whether the Covid-19 vaccine can be granted a patent under TRIPs and whether the patent granted is valid for the entire region or is territorial. The research method used is normative by reviewing the literature or secondary data. The conclusion from the above discussion shows that the Covid-19 vaccine can be granted a patent with a territorial application based on TRIPs.
Co-Authors Calvin Giovanni, Ericko Nachrawi, Gunawan Wahyono Wahyono