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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Law and Legal Reform
Agung Sujatmiko
Faculty of Law, Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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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

Abstract

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

Abstract

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.
Co-Authors Christoph Antons Ghansham Anand Patrick Keizer Romadhona, Mochamad Kevin