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Ethics and Intellectual Property Rights in Genetic Therapy Raymond R. Tjandrawinata; Ina Heliany; Henry Soelistyo Budi
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.500

Abstract

Genetic technology, particularly CRISPR-Cas9, has transformed the paradigm of treating genetic diseases by offering new hope for more effective and precise therapies. However, this advancement also presents significant ethical and intellectual property rights (IPR) challenges. This article explores the impact of patents on the development and accessibility of genetic therapy, as well as the ethical issues arising from human genetic modification, especially at the germline level. Using a qualitative analytical approach that combines literature reviews and case studies, the article examines patent disputes that have emerged in the development of CRISPR and how applied patent policies can exacerbate inequities in access to critically needed medical therapies. Furthermore, the article discusses ethical concerns regarding the misuse of genetic technology and its potential impact on future generations. In conclusion, the article proposes the need for more inclusive and balanced policies that prioritize both innovation and accessibility, as well as strict regulations to ensure the safe and ethical application of genetic technology, while considering broader social and cultural impacts.
From Industrialization to Innovation Justice: The Evolution of Indonesia’s Patent Law (1989–2024) and the Quest for a Post-TRIPS Legal Order Raymond R. Tjandrawinata; Henry Soelistyo Budi; Ina Heliany
Glosains: Jurnal Sains Global Indonesia Vol. 7 No. 1 (2026): Glosains: Jurnal Sains Global Indonesia
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/glosains.v7i1.645

Abstract

Background: This study examines the evolution of Indonesia’s patent law through a philosophical, structural, and systemic lens, exploring why and how the national legal order has transformed from a state-controlled industrial tool to a plural innovation governance framework. It investigates six dimensions of legal evolution: the philosophical assumptions underlying each legislative phase; the structural redesign of the patent system; the historical and political causes driving reform; the normative implications for justice and inclusion; the epistemic method by which reform has been justified; and the prospective direction of post-TRIPS lawmaking.Objective: …Methods: Using a doctrinal-historical and hermeneutic approach, the analysis traces five major legislative stages: the industrial developmentalism of Law No. 6 of 1989; the liberal-international harmonization of Law No. 14 of 2001; the adaptive institutionalization of Law No. 13 of 2016; and the integrative, sustainability-oriented transformation of Law No. 65 of 2024. Each stage embodies a distinct worldview: from efficiency and control to equity and adaptability.Results: The study finds that Indonesia’s patent regime evolves dialectically rather than linearly—each reform emerging from contradictions between global market demands, constitutional values, and domestic innovation capacity.Conclusion: It concludes that the newest version marks a paradigmatic turn from TRIPS compliance to innovation justice. Yet it also introduces new paradoxes: digital complexity, regulatory overload, and unresolved distributive gaps. The paper proposes that future reforms should cultivate reflexive learning mechanisms within the legal system to sustain co-evolution with emerging technologies and social realities.
The Structured Innovation System: Optimizing Patent Filing and Obtaining Global Protection Raymond R. Tjandrawinata; Henry Soelistyo Budi
Journal of World Science Vol. 4 No. 3 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i3.1373

Abstract

Intellectual property (IP) is a key component of the global economy, and it is also a critical component of ensuring global competitiveness. It is essential for organizations and inventors seeking robust global intellectual property protection to maintain competitive advantage. This study examines the role of structured innovation in enhancing patent approval rates, mitigating legal risks, and accelerating market entry for technological innovations. The study employs a mixed-methods approach, integrating legal analysis, case study evaluations, empirical data collection, and AI-based predictive modeling to provide an in-depth understanding of the factors contributing to successful patent filings and long-term intellectual property sustainability. The research also examines emerging trends in artificial intelligence and predictive analytics that are reshaping the landscape of IP management. The findings derived from this study serve as a valuable resource for policymakers, legal practitioners, and industry stakeholders seeking to enhance their innovation strategies in an increasingly competitive and complex intellectual property landscape. Specifically, this study aims to provide a strategic roadmap for optimizing patent filing and securing global protection by evaluating real-world applications and examining cross-jurisdictional intellectual property frameworks. A comparative study of patent laws across key jurisdictions, including the United States, the European Union, and China, highlights critical differences in examination procedures, enforceability, and litigation risks, providing comparative insights essential for businesses operating in global markets. The empirical findings underscore that structured innovation methodologies contribute to higher patent success rates and reduce legal uncertainties, enforcement complexities, and post-grant challenges.
Transformation of Patent Policy in Indonesia: New Opportunities and Challenges for Pharmaceutical Innovation in the Digital Era Raymond R. Tjandrawinata; Henry Soelistyo Budi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 3 (2025): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i3.1415

Abstract

Indonesia is a developing country with an expanding healthcare market, which faces the enduring challenge of fostering a pharmaceutical patent system that incentivizes research and development while ensuring broad access to affordable medicines. This study aims to offer policy recommendations that balance the need for pharmaceutical innovation with the imperative of maintaining an accessible and competitive healthcare landscape. The study includes a review of pharmaceutical patent regulations in India, Brazil, the United States, and the European Union. It integrates empirical data analysis to assess patent application trends and market dynamics, utilizing a difference-in-differences econometric model to establish causality between policy reforms and sector changes. It highlights the necessity of public health safeguards, proposing mechanisms like conditional compulsory licensing as critical elements in the patent reform framework. The study emphasizes actionable policy recommendations while incorporating stakeholder perspectives from regulatory authorities, pharmaceutical firms, and public health organizations to understand the implications for investment, competition, and medicine accessibility. By implementing these strategic policy adjustments, Indonesia can maximize the benefits of Law No. 65 of 2024 while safeguarding public health and promoting domestic pharmaceutical innovation in a rapidly evolving global landscape.