Jurnal Akta Yudisia
Vol 7, No 2 (2022): Akta Yudisia

IMPLEMENTASI LISENSI WAJIB TRIPs AGREEMENT DALAM PRODUK FARMASI DI AMERIKA SERIKAT

Razaq, Dian Fahrinda (Unknown)



Article Info

Publish Date
26 Jan 2024

Abstract

ABSTRACT The TRIPS Agreement provides a comprehensive legal framework to protect andregulate intellectual property rights in the pharmaceutical sector, including in theUnited States, which has implemented this agreement into its national law. Oneimportant aspect of implementing the TRIPS Agreement in the pharmaceutical sector is patent protection. The agreement establishes minimum standards regarding theduration and patent requirements. In this study, a qualitative research method is usedto systematically analyze literature in order to gather and analyze relevant informationregarding compulsory licensing in the TRIPS Agreement. The implementation of theTRIPS Agreement in the US involves various aspects, including the legal system andpharmaceutical regulations, the process of implementation in national laws, and therole of the Food and Drug Administration (FDA) in granting marketing authorizationfor drugs while considering patent protection. Article 31 of the TRIPS Agreement, which pertains to compulsory licensing, plays a crucial role in protecting IPRs in thepharmaceutical sector. This article provides flexibility for TRIPS member countries togrant the use of patents without the patent holder's consent in certain situations thatprotect the public interest. Keywords: Amerika Serikat, Compulsory License, TRIPs Agreement

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Journal Info

Abbrev

aktayudisia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and ...