THE IMPACT OF COVID-19 ON INTELLECTUAL PROPERTY LEGAL SYSTEM RELATED TO PUBLIC HEALTH IN CONNECTION WITH TRIPS FLEXIBILITIES IN INDONESIA | Zendy

Andrieansjah Andrieansjah | Zendy

Open Access

THE 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

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 , patentability , public health , economic growth , covid-19 , international trade , law , political science , economics , infectious disease (medical specialty) , 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.

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