ASLI Working Paper Series

Publication Title National Drug Policies Through The Mechanism Of The Government Use Of Patents
Publisher Asian Law Institute
Series WPS046
Publication Date Jan 2021
Author/Speaker Catharina Ria Budiningsih
Article 25 of the Universal Declaration of Human Rights is a moral foundation concerning the right to public health. Easy access to medicines is one way of enforcing human rights in public health fields. Indonesia has policies to maintain public health by ensuring that essential medicines are widely available and affordable. One mechanism that can be used is by giving a compulsory licence or government use of patents. The latter can be applied in case of a national emergency. The actual interpretation of using patents without permission of the patent holders and its implementation is not easy. Several countries, including India and Thailand, experienced various obstacles before they finally succeeded in implementing a compulsory licence, significantly reducing the drug price in question.

Indonesia has gained experience in conducting government use of patents as well, these policies have been implemented only for antiretroviral drugs. Both countries were said to have issued compulsory licences for other drugs apart from the drugs mentioned before. Indonesia already has government use of patent regulations in line with the provision in the TRIPS Agreement. These rules can be implemented when public health finds itself in an emergency. Even the government needs to be firm and show enough courage to carry out government use of patents other than antiretroviral drugs if people need it. Even so, to obtain essential medicines at affordable prices, it should not be easy to resort to emergency reasons as a precondition for implementing government use of patents. It is hoped that Indonesia will carry out its policies and show determination to be more self-sufficent in the supply of drugs in Indonesia, specifically when it comes to the supply of cheap drugs.
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