Implikasi Pasal-Pasal Pelindung (The Trips Safeguards) Dalam UU Paten Indonesia: Kritik, Evaluasi Dan Saran Dari Perspektif Akses Terhadap Obat Yang Murah Dan Terjangkau
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.
Keywords: the Trips
Safeguards, UU Paten, obat murah
Penulis: Tomi Suryo Utomo
Kode Jurnal: jphukumdd070016