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Critical Legal Analysis on Medicine or Vaccine License for Strengthening Access to Justice in Indonesia: A Case of Corona Vaccine Licensing Agung Sujatmiko; Ghansham Anand; Mochamad Kevin Romadhona
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1759

This study examines the issue of voluntary licensing for COVID-19 vaccines as a case study to understand the interaction between patent protection, contractual obligations, and accountability mechanisms during a public health emergency. Although the debate on vaccine import and export is no longer central in 2025, analyzing voluntary licensing practices from the pandemic period remains relevant for evaluating the legal and governance frameworks applied at that time. The research focuses on the licensing agreement between PT Bio Farma (Persero) and Sinovac Biotech Co., which played a crucial role in Indonesia’s vaccine procurement and production. The analysis explores how the patent regime regulated under Law Number 13 of 2016 on Patents structured the rights and obligations of the parties, including risk allocation, liability provisions, and the licensor’s responsibilities regarding the safety and performance of the vaccine. Using a statutory and conceptual approach, this study argues that voluntary licensing during the pandemic was not merely a technical mechanism for transferring patent rights, but also a process intertwined with transparency requirements, risk mitigation, and legal protection for the state and end-users. The findings aim to contribute to the body of knowledge on health governance, patent licensing in emergency situations, and the development of more accountable vaccine procurement models for future health crises.

The Legal Reform of Trademark Protection and Dispute Mitigation: Lessons From Licensing Well-Established Brands in Indonesia Agung Sujatmiko; Mochamad Kevin Romadhona; Patrick Keizer; Christoph Antons
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.3467

This paper explores the intricate landscape of trademark protection within the realm of Intellectual Property Rights (IPRs). Trademarks, emblematic of brand identity and consumer trust, wield significant economic value and reputation. However, they are increasingly vulnerable to infringement, posing challenges to both proprietors and regulatory bodies. Against this backdrop, the efficacy of license agreements as a mechanism for mitigating trademark infringement is examined. Through a comprehensive analysis of contract law principles, including freedom of contract and good faith, this study elucidates strategies for bolstering trademark protection. Drawing upon legislative frameworks, contextual analysis, and case law, the paper proposes a nuanced approach to navigating trademark-related disputes. By fostering transparent and mutually beneficial relationships between brand owners and licensees, this framework seeks to uphold the integrity of trademarks while safeguarding market integrity. Ultimately, the paper advocates for a collaborative effort among stakeholders to ensure equitable practices and uphold the sanctity of trademarked goods and services in the global marketplace.

Jamu and the Protection of Traditional Knowledge in Indonesia Legal Perspective Agung Sujatmiko
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 4 (2025): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/43ded358

The protection of traditional medicines such as jamu presents a complex legal challenge in Indonesia, where the Patent Law (Law No. 13/2016) requires novelty, inventive steps, and industrial applicability, criteria that often exclude community-based traditional knowledge. This creates tension with the objectives of the TRIPS Agreement, particularly Article 7, which seeks to balance innovation with the transfer and dissemination of knowledge for social and economic welfare. The objective of this study is to analyze the adequacy of Indonesia’s current patent regime in safeguarding traditional medicines and to assess the necessity of a sui generis legal framework. The research adopts a normative juridical method, examining international instruments such as TRIPS and the Convention on Biological Diversity (CBD), alongside national regulations, including the Patent Law and the draft Bill on the Protection of Traditional Knowledge and Traditional Cultural Expressions (PTEBT). Results The results reveal that patents, being individualistic and profit-oriented, are structurally incompatible with traditional knowledge, which is communal, intergenerational, and tied to cultural identity. Comparative insig hts from the Philippines and other jurisdictions further demonstrate that alternative mechanisms such as traditional knowledge registries and sui generis protection are more effective in preventing biopiracy and ensuring equitable benefit-sharing. The study concludes that while the patent system contributes to innovation, it cannot adequately safeguard traditional medicines. Therefore, Indonesia must accelerate the establishment of a sui generis regime that harmonizes with TRIPS flexibilities while recognizing local wisdom as a vital national asset.

Legal Issues in Trademark Licensing Agreements: Disputes And Enforcement Challenges: Legal Issues in Trademark Licensing Agreements: Disputes And Enforcement Challenges Agung Sujatmiko
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 2 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/keznnb63

This paper will elaborate the problems of trademark license agreement. The goal of this research is to search what is the real problem in the contract agreement between licensor and licensee. To analyze this substantive, this work will apply normative legal research. At the end, this work offers some substantive and pragmatic approaches. The substantive approach will discuss and examine some theories, norms, and policies. The freedom of contract principle is the main principle of contract to legalize a trademark license agreement. Freedom of contract is applied in the manufacture of a trademark license agreement. According to the freedom of contract, the parties are free to formulate the license agreement including but not limited to royalty payment, dispute resolution, and the end of the license agreement. The other basic principle of contract covering a trademark license agreement is mutual benefit. This principle requires that the parties must obtain economic value (profit) on the agreement. Licensor is willing to obtain royalty payments from the licensee. To sump up the royalty belongs to economic rights which is transferable in order to maximize benefit of the trademark to the licensor. In addition, another principle is the principle of equality. Equality does not mean only the licensor who has a right to terminate the license agreement but also the licensee does.

Legal Protection Of Well-Known Trademarks: Reasons Why Famous Trademarks Have Their Protection Expanded: Legal Protection Of Well-Known Trademarks: Reasons Why Famous Trademarks Have Their Protection Expanded Agung Sujatmiko
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/zn4zrh20

A trademark constitutes one of the key forms of Intellectual Property Rights (IPR) and plays a strategic role in the trade of goods and services. Among the various categories of trademarks, well-known trademarks possess significant economic value due to their reputation, quality, and widespread public recognition. However, this high economic value also makes well-known trademarks particularly vulnerable to infringement, including imitation, counterfeiting, and unauthorized use by irresponsible parties. This study aims to analyze the criteria of well-known trademarks within the trademark law system in Indonesia and to examine the rationale for granting broader legal protection to well-known trademarks compared to ordinary trademarks. This research employs a normative legal research method using both conceptual and statutory approaches. The analysis focuses on the concepts of well-known trademarks and the legal provisions governing their protection under Indonesian legislation. The findings reveal that well-known trademarks receive special protection under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Such protection extends beyond the use of similar goods and/or services and may also apply to dissimilar goods and/or services under certain conditions. The expansion of protection is justified by the substantial investments made by trademark owners in building brand reputation, conducting promotional activities, and registering their trademarks across multiple jurisdictions. Accordingly, this study recommends strengthening the legal criteria for determining well-known trademark status and enhancing the effectiveness of law enforcement mechanisms to provide greater legal certainty and prevent infringements against well-known trademarks.

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