Implementasi Lisensi Wajib Terhadap Produk Obat yang Dipatenkan Pasca Deklarasi Doha
Abstract: The existence of the
Doha Declaration provides developing and least developed countries with
potential strategies (safeguards) to reduce the impact of pharmaceutical
protection on public health. This declaration offers several policies that are
derived from the TRIPS Agreement. One of these is compulsory license. A key
question for implementing compulsory licensing after the Doha Declaration is
how to implement it in developing and least developed countries which have no
or insufficient domestic capacity to produce pharmaceutical products. This
becomes a serious problem because according to Article 31 (f) of the TRIPS
Agreement, the adoption of compulsory licenses in the WTO members is for the
domestic market only. As a consequence, countries with little or no domestic
capacity to produce pharmaceuticals cannot import pharmaceuticals products
produced under compulsory licenses from other countries.
Keywords: Doha
Declaration; Safeguard; Pharmaceuticals Products; Compulsory Licenses
Penulis: Utomo, Tomi Suryo
Kode Jurnal: jphukumdd090089
