NATIONAL SOVEREIGNTY ON INTERNATIONAL PATENT APPLICATION: GOVERNMENT'S USE OR COMPULSORY LICENCE POLICY
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Abstract
National Sovereignty is very important because the Intellectual Property System provides limitations on the application of the Government's use of Patents and Compulsory Licenses, particularly implementing policies on Pharmaceutical Products and Vaccines. Learning from the reality of the needs caused by the pandemic situation, national sovereignty (especially developing countries) is in unequal positioning because of the arguments of developed countries with large industries due to the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement. In the other hand Compulsory License as standard instrument that makes intellectual property exclusively but confront with International trade as a legal instrument. Identification of the research problem, is: What is the Exclusivity of Patent Licensing for Inventions for Pharmaceutical Products in the Intellectual Property Rights (IPR) Protection System? 2. How is the Mechanism of Compulsory Licenses of Patents for Public and Social Interests in the sector of Health and pharmaceutical Products? 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 There is validity of the Exclusivity of Patent Licensing for Inventions for Pharmaceutical Products in the Intellectual Property Rights (IPR) Protection System and Compulsory Licenses of Patents is an option that the mechanism can be applied for Public and Social Interests in the sector of Health and pharmaceutical Products. Developing countries with lack of facilities continues to fight for equal access before International Cooperation (both bilateral and multilateral) within the scope of international relations is aimed in strengthening cooperation to solve common problems.
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