Author(s): Rahmi Jened
The corona virus COVID 19 outbreak has an impact on 200 countries world wide both developed and developing countries. Concerns arise that this condition would create difficulties for people in developing countries in accessing drugs at a low cost, considering that most patent holders of pharmaceutical products are producers from developed countries. In 2001 there was WTO Ministerial Declaration on Intellectual Property and Public Health, so called DOHA Declaration that issued TRIPs Flexibilities that means in Intellectual Property (IP) system have built the flexibilities to allow member state to implement IP laws and policies that are most suited into national or regional circumstances. The corona virus COVID 19 outbreak has an impact on 200 countries world wide both developed and developing countries. If found corona virus vaccine, off course developed countries will put the national interest of their country first. On the other hand for developing countries, like Indonesia, the TRIPs Flexibilities can be used for the sake of their national interest in providing public health. The objective of the research was to analyze The Potential Use of GU mechanism as TRIPs Flexibilities under the provision of “use without authorization of the right holder “ that stipulated in Article 31 TRIPs to improve public health in combating Corona virus COVID 19 and research method was empirical juridical. The result of the research is that This provision covers 2 (two) different schema that government use (GU) and compulsory license (CL), however TRIPs does not provides certain definition and clear parameters. As a matter of fact the Ministerial of Law and Human Right No. 30/2018 concerning CL just issued and there has been no legal practice in CL. Whereas The GU had ever been used twice in combating diseases that” extremely urgent” for Indonesia , that HIV/ AID and bird flu but the two with different procedures. The GU have some advantages comparing to CLamong others, GU can be used either patented drugs or vaccine or non-patented product. The GU can be implemented anytime without awaiting 36 months commencing the filing date of the drug or vaccine concerned, So that the GU will be the most effective schema to exploit any corona virus vaccine from anywhere in the world without violating Indonesian commitment of the WTO/ TRIPs and WHO agenda.