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All Journal Brawijaya Law Journal : Journal of Legal Studies Res Nullius Law Journal Indonesian Journal of International Law Transnational Business Law Journal Lex Scientia Law Review
Zaki, Muhammad Reza Syariffudin
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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COVID-19 VACCINE LEGAL PROTECTION THROUGH PATENT FOR PUBLIC INTEREST Zaki, Muhammad Reza Syariffudin; Akmal, Muhammad Farhan
Transnational Business Law Journal Vol. 2 No. 1 (2021): TRANSNATIONAL BUSINESS LAW JOURNAL, Volume 2, Number 1, February 2021
Publisher : Department of Transnational Business Law, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/transbuslj.v2i1.694

Abstract

Patents are rights granted by the state to inventors for their inventions in the field of technology for a certain period of time. However, a rigid patent protection can disrupt the public interest. Therefore, the undergraduate thesis research entitled Legal Protection of Covid-19 Vaccines through Patents for Public Interest was conducted. The research conducted by juridical normative legal research methods, statutory approaches, and conceptual approaches. TRIPs Agreement, Paris Convention, Indonesian Patent Law 2016 and President Regulation No. 77/20 are the main objects of study. This research aims to answer (1) how the legal protection of the Covid-19 vaccine for the public interest, and (2) how to resolve disputes against the Covid-19 patent rights holder in Indonesia. After conducting a study, it can be concluded that patents can be implemented by the government without the authority from the patent holder in an emergency situation. In the return, a worth compensation must be given to the patent holder. If a dispute arises, it can be resolved through litigation or alternative dispute resolution (ADR), but preferably through ADR at BAM HKI. This is in purpose to empower BAM HKI, as well as to support and promote the enforcement of intellectual property rights in Indonesia.
STATUS KEWARGANEGARAAN ANAK DARI HASIL IBU PENGGANTI (SURROGATE MOTHER) ANTARA AMERIKA SERIKAT DAN INDIA Zaki, Muhammad Reza Syariffudin; Ramadiani, Alma Dwi
Res Nullius Law Journal Vol 4 No 2 (2022): Volume 4 No 2 July 2022
Publisher : Fakultas Hukum Universitas Komputer Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34010/rnlj.v4i2.6660

Abstract

The purpose of this study is to find out how the issue of citizenship status for children of surrogacy is handled in the United States and India and how two of these countries regulate it. As we know most of the cases involving children of surrogacy are often stateless because the countries involved do not have clear regulation regarding the citizenship status. The research method used is judicial normative approach. By examining library materials or secondary data, which include primary and secondary legal materials Tujuan penelitian ini adalah untuk mengetahui bagaimana isu status kewarganegaraan bagi anak hasil sewa rahim ditangani di Amerika Serikat dan India dan bagaimana kedua negara ini mengaturnya. Sebagaimana yang kita tahu kebanyakan dari kasus anak hasil sewa rahim seringkali tidak memiliki kewarganegaraan karena negara-negara yang terlibat tidak memiliki aturan yang jelas terkaitnya. Adapun metode penelitian menggunakan metode penelitian normatif yuridis, dengan meneliti bahan pustaka atau data sekunder, yang mungkin mencakup bahan hukum primer dan sekunder.
A Discovery or a Misery? The Issuance of Anti-Suit Injunction before WTO Besar, Besar; Zaki, Muhammad Reza Syariffudin; Tanjaya, Steven; Koos, Stefan; Sabilil, Maria Nauli Salsabilah
Brawijaya Law Journal Vol. 10 No. 2 (2023): Current Challenges, Developments and Events in The International Law
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2023.010.02.03

Abstract

On 27 January 2023, the Dispute Settlement Body established a panel as requested by the European Union in document WT/DS611/5, pursuant to Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. In fact, the European Union has proposed the formation of a panel according to Article 6 of the Dispute Settlement Understanding (DSU) to respond to the Action against China's lawsuit against high technology in the European Union. China imposed a preservation measure, Anti-Suit Injunction (ASI), that prohibit patent holder for asserting their rights before non-Chinese courts. Such movement is inconsistent to international principles, namely National Treatment (NT) and Most-Favored-Nation (MFN). As the EU claimed China on the subject of patent use on high technology, this discussion will further dissect the WTO Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Specifically, Article 3 on National Treatment and Article 4 on Most-Favored-Nation Treatment. The issuance of ASI itself is not listed under Appendix 1 of the DSU that regulates laws that are applicable and recognized as WTO norms under a WTO panel. The WTO panel has never adjudicated any cases relating to the issuance of ASI. This questions whether a WTO norm will be formed before the WTO panel and whether or not China has violated the principles of the WTO and the TRIPS Agreement.
Agreement on Agriculture WTO: Discourse on Indonesia's Food Security in a Global Context Putra, Akbar Kurnia; Zaki, Muhammad Reza Syariffudin; Sipahutar, Bernard; Hefni, Hanna Adistyana; Cason, Christopher Michael
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14066

Abstract

This article evaluates Indonesia’s progress towards its national goal of food security. To meet the Indonesian population’s right to food by formulating national policies and supporting regulations on agriculture for food sovereignty while conducting economic diplomacy utilizing its membership in the WTO Agreement on Agriculture and the G33 coalition. Normative juridical research and comparative legal analysis examine provisions concerning agriculture in Indonesia’s national legal instruments and WTO’s Agreement on Agriculture. The article finds that Indonesia has failed to attain either food security or food sovereignty, postponed by international negotiations where developed countries object to the developing and least-developed countries’ Special Products and Special Safeguard Mechanism. The provisions are imperative for supporting Indonesia’s economic growth to attain food security and eradicate poverty, considering the significant gap between developed and developing economies. This article suggests that Indonesia strengthen its bilateral economic relations with influential, more economically developed members of the WTO agreement to garner international support to meet national food security and exercise Indonesia’s right to regulate within its jurisdiction, leading to food sovereignty.
Safeguarding Sovereignty: Indonesia's Solution to the Raw Materials Case in WTO Zaki, Muhammad Reza Syariffudin; Armanto, Muhammad Haykal; Albar, Rafsi Azzam Hibatullah; Koos, Stefan
Indonesian Journal of International Law Vol. 20, No. 4
Publisher : UI Scholars Hub

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Abstract

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw Materials. Although the Indonesian government has lost the case against the European Union, the Indonesian government is adamant on proceeding with this measure to further develop the downstream industry of raw minerals in Indonesia. Since then, Indonesia has filed the appeal for the panel report of the DS592 case and shows no sign of stopping the nationwide export ban on raw minerals, with bauxite, copper, and tin on the horizon. Therefore, the invocation of Article XXI GATT could be used as a strategy to avoid scrutiny from the international community, by invoking a national security exception to implement measures inconsistent to the principles of the WTO. Thus, the Indonesian government is able to protect and secure their nation’s fundamental principal as a sovereign nation with control over its raw materials.
Co-Authors Akbar Kurnia Putra Akmal, Muhammad Farhan Albar, Rafsi Azzam Hibatullah Armanto, Muhammad Haykal Besar, Besar Cason, Christopher Michael Hefni, Hanna Adistyana Koos, Stefan Ramadiani, Alma Dwi Sabilil, Maria Nauli Salsabilah Sipahutar, Bernard Tanjaya, Steven