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Andrieansjah Andrieansjah
Ministry of Law and Human Rights of the Republic of Indonesia
Keywords:
Compulsory License, Government Use, COVID-19, Intellectual Property, Public Health
Abstract
In early 2020, countries in the world was shocked by a new virus called Coronavirus Disease 2019 (COVID-19) including Indonesia. The COVID-19 pandemic gives impact to the legal system, including intellectual property (IP). Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities on public health in developing countries: Transition Periods, Compulsory License, Government Use, Parallel Imports, Exceptions to Patent Rights, Exemptions from Patentability, Limits on Data Protection, and Implementation of the Paragraph 6 of the Doha Declaration. Research problems: (1) what are the conditions for implementing the flexibilities of TRIPS in facing COVID-19 pandemic in Indonesia and (2) what are the issues that should be anticipated for future IP legal system relating to public health as a lesson from this COVID-19 Pandemic. Government Use is most effective to be used for encounter COVID-19 Pandemic, and voluntary license is recommended to
be promoted for future approach. The study is using a qualitative literature study.
Author Biography
Andrieansjah Andrieansjah, Ministry of Law and Human Rights of the Republic of Indonesia
Dr. Andrieansjah, S.T., S.H., M.M. graduated from formal education: Bachelor of Architectural Engineering (1994), Bachelor of Law (2010), Masters in Economic Management (2004) and Doctor of Law (2013); non-formal education: IASTP-II Intellectual Property Training at the UTS Australia (2002), Industrial Property Examination Training (Japan Patent Office-2003); Result Based Management of IP Office Training (APIC Tokyo 2010), International IP Negotiation Training-TWN/ South Center (Kuala Lumpur-2017), and IP Mediation Training at the European Union Intellectual Property Office (Alicante-2019). IP international negotiations and cooperation: Indonesia- EFTA CEPA, Indonesia-Japan EPA, Indonesia-EU CEPA, Indonesia-Chile CEPA, Indonesia-Korean CEPA; ASEAN WGIP Cooperation, APEC, RCEP (ASEAN + 6 Countries); WIPO and WTO. Books: Industrial Design Examination Manual (UTS Sydney, Australia, 2002); Protecting Industrial Design Rights in Indonesia (2009); Industrial Design Rights in Intellectual Property Rights Regime: An Overview (2010); Training Modules for Industrial Design Examiner Candidates (2011); Teaching Module for Course on Industrial Design - Indonesia Open University (2012); Module for Basic Training on IPR: Protection and Development of Design and IC Topography (2012); Industrial Design Right based on the Novelty Assessment for Industrial Design (PT Alumni: 2013); Aspects of IP in International Treaties and Cooperation (2020); Protection and Novelty of Industrial Design in Indonesia and Several Countries (2020). Articles: Protecting Architectural Works with IPR (2007); Types of Application, Assessment of Novelty and the Utilization of Industrial Design Rights in Indonesia (Media HKI, 2007); Overview of Civil Case on Cancellation of Industrial Design Right, Precision Tooling vs Andreas STIHL (Media IPR; 2007); Partial Protection on Industrial Design (Media HKI 2009); Industrial Designs International Registration System (Media HKI 2010); Overlap Protection of Industrial Designs and Copyright (Media HKI 2010); Interpretation of the Word ”Not Same” in Article 2, Paragraph (2) of the Law No. 31/2000 (Media HKI 2010); The Object of Protection in Industrial Design Right (2012); Comparative Study on Industrial Design Novelty Assessment System in the UK, USA, Japan, Australia and the European Union (IPR Journal AKHKI 2012); The Contribution of IPR Law in Achieving the Goal of Continuous Development (2017); IP and Economic Development (Media HKI 2018).
