Implementation the Tripss Safeguards on Develop Country in Dealing with the H HIV/AID Epidemic

Abstract

The regulation of patent rights in TRIPSs is considered to be the cause of expensive drug prices due to its nature which gives exclusive rights to inventors or patent license holders to manufacture, use, offer and sell both products and processes. Nonetheless, TRIPSs actually regulates several models of flexibility over patents to protect the interests of developing countries. The provisions of the flexibility model in general actually aim to provide protection for public health in developing countries and can be used in the case of medicine. Indonesia as a TRIPSS participating country has the opportunity to take advantage of the flexibility model in drug-related patents. The author uses doctoral legal research or literature research with the issues discussed are how to implement the TRIPSs Safeguards in developing countries in overcoming the HIV/AIDS epidemic and how the TRIPSs provisions make use of cheap drugs in overcoming the HIV/AIDS epidemic in Indonesia. The result of the research is that the implementation of protective articles (The TRIPSs Safeguards) often leads to legal disputes among WTO members and issues of regulations in order to gain access to cheap drugs to overcome the HIV/AIDS epidemic.