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Overview


Original Research

THE ROLE OF DEVELOPING COUNTRIES ON CONTRADICTION OF INTELLECTUAL PROPERTY PROVISION UNDER WTO - TRIPS AGREEMENT IN IMPLEMENTATION OF THE GOVERNMENT'S USE PATENT POLICY ON VACCINE AND MEDICINES PRODUCTS

Dr. SUYUD MARGONO

Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/NA3RB   |   Author Affiliation: Lecturer, Mpu Tantular University, Jakarta.   |   Licensing: CC 4.0   |   Pg no: 152-166   |   Published on: 10-07-2023

Abstract

The contradiction of Intellectual Property Protection with the Government's use of Patent Implementation Policy for Pharmaceutical Products, Medicines and Vaccines occurs in addition to the increasing need for Medicines and vaccines in the Covid-19 pandemic situation, in the other hand developing countries in unequal positioning pharmaceutical drugs and vaccines industries due to the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement in International trade has become a legal instrument that makes intellectual property exclusively. Identification of the research problem, among others: 1). what is the Intellectual Property Rights (IPR) protection system for inventions of the Covid - 19 Vaccine Patent product within the scope of international trade provisions? 2). what should be the Exploitation and Protection Policies for Inventions of Vaccine Patent Products so that there are no contradictions in the Intellectual Property Rights (IPR) System? The research method is adjusted to the research topic, especially for the Intellectual Property Rights (IPR) protection system for Invention of Medicines and Vaccine product within the scope of international trade. Research results show that the Intellectual Property System does not only guarantee protection for inventions but includes efforts to adequately exploit patented drug and vaccine inventions, so that state intervention is needed not only during the Covid-19 pandemic but also for sustainability and conditions of community needs or public interest. Developing countries with lack of facilities continues to fight for equal access to pharmaceutical drugs and vaccines for all countries. International Cooperation (both bilateral and multilateral) within the scope of international relations is aimed in strengthening cooperation to solve common problems.


Keywords

Developing Countries, Government Use of Patents, Ownership Rights of Intellectual Property, International Trade