Research Article
Local Working Requirement on Patens Policy for Pharmaceutical Products and Its Relation to Right in Public Health
@INPROCEEDINGS{10.4108/eai.29-6-2021.2312624, author={Kholis Roisah and Rahayu Rahayu and Darminto Darminto and Leony Sondang Suryani}, title={Local Working Requirement on Patens Policy for Pharmaceutical Products and Its Relation to Right in Public Health}, proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICOLEG}, year={2021}, month={10}, keywords={patents local working requirements public health}, doi={10.4108/eai.29-6-2021.2312624} }- Kholis Roisah
Rahayu Rahayu
Darminto Darminto
Leony Sondang Suryani
Year: 2021
Local Working Requirement on Patens Policy for Pharmaceutical Products and Its Relation to Right in Public Health
ICOLEG
EAI
DOI: 10.4108/eai.29-6-2021.2312624
Abstract
Local Working Requirements (LWR) regulation in the 2016 Patent Law amended through Article 107 of Job Creation Law by elimination a requirements of technology transfer, absorption of investment, and employment. Besides that, it also adds provisions that are categorized as LWR, namely importing or implementing product or patent process licenses which can give an impact specially in the access of public health rights because it can cause medicine price high. The type of legal research used is non-doctrinal and the approach method used in this research normative juridical method by reviewing legal principles and doctrine of intellectual property rights and the provisions of national and international law regulations in the field of intellectual property rights law and health law that are enforced in Indonesia. This research found that the change of LWR regulation will have an impact on the abuse of patent rights in the form of patent blocking, which the registration of pharmaceutical patents whose purpose is only to prevent others from trading products whose technology is requested for protection and in the end can obstructing public access to cheap drugs and further hampering the independence of the pharmaceutical industry.