Open AccessTHE IMPACT OF COVID-19 ON INTELLECTUAL PROPERTY LEGAL SYSTEM RELATED TO PUBLIC HEALTH IN CONNECTION WITH TRIPS FLEXIBILITIES IN INDONESIA
Author(s) -
Andrieansjah Andrieansjah
Publication year - 2020
Publication title -
indonesian law journal (jakarta)/indonesian law journal
Language(s) - English
Resource type - Journals
eISSN - 2722-8568
pISSN - 1907-8463
DOI - 10.33331/ilj.v13i2.31
Subject(s) - intellectual property , license , trips architecture , trips agreement , pandemic , government (linguistics) , business , declaration , public health , patentability , covid-19 , economic growth , international trade , political science , law , infectious disease (medical specialty) , economics , medicine , engineering , disease , patent law , linguistics , philosophy , nursing , pathology , transport engineering
In early 2020, countries in the world was shocked by a new virus called Coronavirus Disease 2019 (COVID-19) including Indonesia. The COVID-19 pandemic gives impact to the legal system, including intellectual property (IP). Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities on public health in developing countries: Transition Periods, Compulsory License, Government Use, Parallel Imports, Exceptions to Patent Rights, Exemptions from Patentability, Limits on Data Protection, and Implementation of the Paragraph 6 of the Doha Declaration. Research problems: (1) what are the conditions for implementing the flexibilities of TRIPS in facing COVID-19 pandemic in Indonesia and (2) what are the issues that should be anticipated for future IP legal system relating to public health as a lesson from this COVID-19 Pandemic. Government Use is most effective to be used for encounter COVID-19 Pandemic, and voluntary license is recommended tobe promoted for future approach. The study is using a qualitative literature study.