JURIDICAL REVIEW ABOUT COMPULSORY LICENSES OF PATENT IN AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS AND PATENT OF ANTIRETROVIRAL DRUGS IN INDONESIA

Putri, Adi Tiara (2008) JURIDICAL REVIEW ABOUT COMPULSORY LICENSES OF PATENT IN AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS AND PATENT OF ANTIRETROVIRAL DRUGS IN INDONESIA. Other thesis, Fakultas Hukum.

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Abstract

Pharmaceutical products are part of protection of patent, including antirehoviral drugs. Antiretroviral drugs are to help HIV/AIDS victims. The patent holders of antiretroviral drugs have rights to exploit, produce, sell or give license to another holder to exploit it. Hence, it cause that price of antiretroviral drugs is expensive. And not all community can access the drugs. Hence it is needed govemment policy to produce the drugs with cheap price or free. Hence, government issues policy, it is called compulsory license or the exploitation of patent by government. Problems identification which are discussed are how arrangements of compulsory licenses of patent on antiretroviral drugs based on international regulations, how arrangement of compulsory licenses of patent on antiretroviral drugs in national regulation which are based on international regulations, and also how is the exploitation of patent on antiretroviral drugs in Indonesia. Methodology this research is juridical-normative research. Based on research it is conclude that compulsory licenses of patent on antiretroviral drugs in Indonesia must be consistent with TRIPS agreement, Law of Patent Number 14 Year 2001, Government Regulation Number 27 Year 2004, Presidential Decree Number 83 Year 2004, and Presidential Decret Number 6 Year 2007.

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