EKSISTENSI “THE TRIPS SAFEGUARDS” DI DALAM PERJAN-JIAN TRIPS: DALAM PERSPEKTIF KESEHATAN MASYARAKAT
Abstract: Developing countries
believe that the TRIPS Agreement gives more benefi ts to pharmaceutical
companies of developed countries and prevents access to cheaper and affordable drugs.
A reduction of drug prices has occurred when developing countries applied
safeguards, such as parallel imports and compulsory license. The effort to
enact safeguard legislation has resulted in US legal action, such as the
dispute between the US government and the Brazilian government when Brazil
considered the adoption of compulsory license. Another example was a dispute
between big pharmaceutical companies and the South African government in its
plans for adoption of parallel imports and compulsory license. These disputes
demonstrate that the TRIPS safeguard articles are weak and meaningless because
the interpretation of those articles has favored the developed countries’
perspectives.
Kata kunci: TRIPS, kesehatan
masyarakat, perjanjian
Penulis: Tomi Suryo Utomo
Kode Jurnal: jphukumdd080072
