Open AccessApplication of Parallel Importation and Voluntary License in the Covid-19 Vaccines Patent as a Strategy for Handling the Health Emergency Situations in Indonesia
Author(s) -
Kukuh Tejomurti,
Pujiyono Pujiyono,
Pranoto Pranoto,
Umi Khaerah Pati
Publication year - 2021
Publication title -
hang tuah law journal
Language(s) - English
Resource type - Journals
eISSN - 2549-2071
pISSN - 2549-2055
DOI - 10.30649/htlj.v4i2.13
Subject(s) - license , lawsuit , government (linguistics) , business , monopoly , statute , covid-19 , law , economics , political science , medicine , infectious disease (medical specialty) , philosophy , linguistics , disease , pathology , market economy
This article examines how the application of Parallel Importation and Voluntary License in the Application of the Covid-19 Vaccine Patent as a Strategy for Handling Health Emergency Situations in Indonesia. The problem of the Covid-19 vaccine happens in many countries around the world, including Indonesia whos trying to find a vaccine that can neutralize the Covid-19 Virus. As a consequence of the tremendous demand for vaccines, the world pharmaceutical industry is encouraged to provide Covid-19 vaccines for the needs of 7.8 billion. This article uses normative legal research with a statute, conceptual, and comparative law approach. The results showed that mechanisms such as parallel importation and voluntary licenses could be reached to procure the Covid-19 vaccine. If parallel importation and voluntary licenses are not successful, then the Government shall take a win-lose approach, such as Compulsory Licensing and Use of Patents by the Government, or initiate an anti-monopoly lawsuit.