Jurnal Hukum IUS QUIA IUSTUM
Vol. 14 No. 2 (2007)

Implikasi Pasal-Pasal Pelindung (The Trips Safeguards) dalam UU Paten Indonesia: Kritik, Evaluasi dan Saran dari Perspektif Akses terhadap Obat yang Murah dan Terjangkau

Tomi Suryo Utomo (Unknown)



Article Info

Publish Date
25 Aug 2009

Abstract

The discussion about access to essential medicine issues nowadays cannot be separated from the TRIPS Agreement. The TRIPS Agreement is important because one of its provisions (Article 27) deals with the protection of pharmaceutical patent which has a great relevance to access to essential medicine issues, such as affordability of drugs. The TRIPS Agreement also regulates a series of policies called the TRIPS safeguards, such as parallel imports, bolar provision, compulsory license and government use that can minimize and manage the impact of pharmaceutical patent protection on access to essential medicines. Indonesia’s patent law includes the safeguards provided by the TRIPS Agreement, such as parallel importation, bolar provisions, compulsory licenses and government use. However, several areas need to be improved so that the safeguards can be effectively used to manage the impact of pharmaceutical patent protection on access to medicines.  Indonesia should seek a balance between pharmaceutical patent protection and use of policies and strategies that are essential for its public welfare.

Copyrights © 2007






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...