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Full-Text Articles in Comparative and Foreign Law
Eksistensi Perlindungan Paten Atas Vaksin Covid-19, Adzhani Tharifah, Agus Sardjono
Eksistensi Perlindungan Paten Atas Vaksin Covid-19, Adzhani Tharifah, Agus Sardjono
Jurnal Hukum & Pembangunan
The Covid-19 vaccine is expected to be a solution to return to normal life. However, the need for vaccines that are global in nature raises several questions in the community, especially regarding the existence of patent protection. For this reason, this paper will answer these questions by discussing the patentability of the Covid-19 vaccine as well as how to implement patent protection in the midst of a pandemic and public concerns about limited access to vaccines. The research method used in the writing of this thesis is normative juridical with a qualitative approach where the data comes from literature studies …
Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd
Keberlakuan Klausula Security Exceptions Dalam Perjanjian Trade-Related Aspects Of Intellectual Property Rights (Trips) Di Masa Pandemi Covid-19, Daniel Nicholas Putra, Yetty Komalasari Dewi Ykd
Jurnal Hukum & Pembangunan
WTO commitments, particularly related to intellectual property rights in the TRIPS Agreement, could potentially hinder efforts to increase access to medicines and vaccines during the Covid-19 pandemic. In time of emergency, these commitments can be overridden using the WTO security exceptions clause. This article compares the WTO security exceptions to general exceptions in Article XX of the GATT 1994 and non-precluded measures in the Argentina-US BIT, India-Germany BIT, and India-Mauritius BIT, and analyses how the Covid-19 pandemic can be a valid reason to waive the obligations under the TRIPS Agreement using the security exceptions clause. In particular, this article discusses …