Compulsory Licensing for Access to Affordable Essential Medicine (Hepatitis C) AN INDONESIAN PERSPECTIVE

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Zulfa Zahara Imtiyaz

Abstract

Hepatitis C is one of the viral diseases that require special medication. As a viral disease, it means that it requires essential medicine for the treatment. In intellectual property, this becomes one of the issues because of the pricing of essential medicine. The inventor(s) that find this drug is entitled to have an exclusive right to their invention. The exclusive right that given to the inventor(s) is patent. In order to access medicine, it requires the regulations that regulate how to make the patented medicine become accessible especially for Indonesia as a developing country. Under TRIPs Agreement and Indonesian Law, regulates about compulsory licensing. Compulsory licensing is the way to make the patented medicine accessible for patients. However, even though Indonesia has been implemented, this still becomes a problem for poor patients. However, the regulations concerning compulsory licensing remain lack in Indonesia. On the other hand, the determination of royalty for the inventor(s) must proportional.


Keywords: Hepatitis C, Compulsory licensing, Pricing, Regulation, Royalty.

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