Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)

Invoking Compulsory Licensing Amidst the COVID-19 Pandemic

Increasing Accessibility of Vaccines in Indonesia

Authors
Dyah Ayu Saraswati1, *, Ghina Raihanah1, Amanda Normanita Siregar1
1Faculty of Law, Universitas Indonesia – Depok, Indonesia
*Corresponding author. Email: dyah.ayu83@ui.ac.id
Corresponding Author
Dyah Ayu Saraswati
Available Online 23 November 2021.
DOI
10.2991/assehr.k.211112.044How to use a DOI?
Keywords
COVID-19 pandemic; compulsory licensing; TRIPS Agreement; Indonesian Patent Law; COVID-19 vaccine; pharmaceutical patent
Abstract

A patent gives inventors exclusive rights to profit from their products as well as preventing other parties from claiming it as theirs, which is regulated by both international law and Indonesia’s national law. Patenting pharmaceutical products is controversial as companies can profit from the complex development of medicine, while at the same time, they are pressured to develop better and newer products. Furthermore, the world is facing the COVID-19 pandemic, which has caused the deaths of almost 3 million people worldwide and almost 40 thousand deaths in Indonesia alone. A working vaccine can stop this number from climbing as it can give enough immunity to the population. However, if pharmaceutical companies developing the vaccine amidst the COVID-19 pandemic want to gain profit from their development, they might be hindered by Article 31 of the TRIPS Agreement and Article 109 juncto 111 of the Indonesian Patent Law. In dire circumstances such as extreme urgency, national emergencies, and/or in the event of a widely-spread disease, the government can force compulsory licensing, which will allow for increased accessibility of the medicine but disabling companies from profiting off the medicine. COVID-19 fulfills the circumstances laid by both regulations. Pursuing compulsory licensing may provide better access to vaccines as part of their right to health. This study will discuss humans’ right to life and health, as defined in several international human rights instruments and the Indonesian Human Rights Law. Conclusively, the matter of patenting the COVID-19 vaccine needs to consider several factors, such as financial, regulatory, and human rights.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 November 2021
ISBN
978-94-6239-454-4
ISSN
2352-5398
DOI
10.2991/assehr.k.211112.044How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Dyah Ayu Saraswati
AU  - Ghina Raihanah
AU  - Amanda Normanita Siregar
PY  - 2021
DA  - 2021/11/23
TI  - Invoking Compulsory Licensing Amidst the COVID-19 Pandemic
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 343
EP  - 351
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.044
DO  - 10.2991/assehr.k.211112.044
ID  - Saraswati2021
ER  -