scholarly journals AMENDING SECTION 84 PATENTS ACT 1983 TO ENCOMPASS THE HEALTH FLEXIBILITIES LEVERAGE ACCORDED BY ARTICLE 31bis TRIPS AGREEMENT

2020 ◽  
Vol 11 ◽  
pp. 1-26
Author(s):  
Mohsin Hingun ◽  
Rahamatthunnisa Mohamed Nizamuddin
Keyword(s):  
Public Health ◽  
Research Question ◽  
Compulsory License ◽  
Trips Agreement ◽  
Patent System ◽  
The Public ◽  
Secondary Sources ◽  
The Government ◽  
The Right ◽  
Paris Convention

The significance of this study lies in its proposal to insert an appropriate provision into the Patents Act 1983 to embody the provisions of Article 31bis TRIPS Agreement. The methodology adopted in this study is library-based, and relies extensively on primary sources such as the Paris Convention, TRIPS Agreement and Patents Act 1983. This is further supported through secondary sources such as articles, books, websites and newspaper reports. The research question posed in this study aims to identify the most appropriate provision that should be incorporated into the Patents Act 1983 in addressing the public health flexibilities provided under Article 31bis. The purpose of this study is to demonstrate that Article 31bis is best incorporated into the Patents Act 1983, under the right of the government mechanism rather than through the compulsory license mechanism. Furthermore, the scope of this study is limited to issues that address the abuse of monopoly, granted by the patent system, with respect to the dire needs of the public health. Hence, this paper discusses the mechanisms that address abuse of the patent system under Article 5(A) Paris Convention, Articles 31 and 31bis TRIPS Agreement, the relevant corresponding provisions under the Patents Act 1983, and subsequently formulates new proposed amendments to Section 84 Patents Act 1983 to buttress the public health flexibilities provided under Article 31bis. The outcome of this study proposes that the provisions of Article 31bis should be incorporated into the Patents Act 1983 under the right of the government mechanism, by replacing the current Section 84 Patents Act 1983 with a newly proposed Section 84.

scholarly journals INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA

2020 ◽  
Vol 16 ◽  
pp. 73-88
Author(s):  
Mohsin Hingun ◽  
Rahamatthunnisa Mohamed Nizamuddin
Keyword(s):  
Public Health ◽  
Research Question ◽  
Trips Agreement ◽  
Primary Sources ◽  
Main Research ◽  
The Public ◽  
Secondary Sources ◽  
Effective Strategies ◽  
Property Owners ◽  
Qualitative Research Methodology

The purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement, that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Patents Act 1983 to incorporate these flexibilities? Malaysia must develop effective strategies to implement policies, law and governance in managing the country’s public health system. This is to ensure a balance of rights between intellectual property owners and the public, at all times. This study employs a qualitative research methodology that is based on primary sources such as the TRIPS Agreement and the Patents Act 1983, and is further supported by secondary sources such as journals and the contents of authorities’ websites. This study is limited to the issues related to public health and patents. This study includes a discussion on the provisions related to patents and public health, proposed amendments to the Patents Act 1983 that should incorporate the provisions from Article 31bis, and a conclusion on the importance of immediately amending the Patent Act 1983 to incorporate these provisions, especially during the current Covid-19 pandemic. This study proposes that the amendments be made to Section 84 of the Patents Act 1983 in relation to Rights of Government, and not through the compulsory licence mechanism under Part X of the Patents Act 1983. Thus, this study concludes that currently, Malaysia is unable to implement the provisions under Article 31bis, unless the Patents Act 1983 is amended.

scholarly journals Study of Kenyan Optometrists View on Future of Optometry and Prospective Impact on Public Health

2020 ◽  
Author(s):  
Shadrack Muma ◽  
Stephen Obonyo
Keyword(s):  
Public Health ◽  
Public Awareness ◽  
Vision 2020 ◽  
Chi Square ◽  
Public Health Implication ◽  
The Public ◽  
Health Implication ◽  
The Government ◽  
The Right ◽  
Structured Questionnaire

Abstract Background: VISION 2020: The Right to Sight, was to ensure that by the year 2020, a great reduction in the incidences of avoidable blindness be recorded. This was achivable by training optometrists. Kenya has a population of 47 million, with 56 registered optometrists who are not regulated by the government. However there is no data on optometrists view on the future of optometry in Kenya and the public health implication. Methods: A semi-structured questionnaire was emailed to 56 registered optometrists. The questionnaire contained broad areas such as demographics of participants, their view on status of optometry in kenya, challenges faced by the optometrists, availability of lecturers, their concerns on the way forward and how these issues impacts on public health. A chi-square was used to look at associations and odds ratio was computed.Results: A vast majority (90%) of the respondents suggested that regulating optometry will be the only solution to their problems. Most respondents 91.7% agreed that the situation has impacted negatively on the public health. General public awareness on what is optometry should be enhanced 79%. The qualitative analysis produced four broad themes: (1) regulation; (2) unity; (3) public health implication and (4) creating public awareness. Conclusion: The key recommendations was to lobby for regulation of optometry practise and there is need for public awareness on what is optometry and their role in the eye care. Adequate lecturers should be recruited to ensure quality among graduates in delivery to the public.

scholarly journals The COVID States Project #13: Public trust in institutions and vaccine acceptance

2021 ◽  
Author(s):  
Matthew Baum ◽  
Jennifer Lin ◽  
Katherine Ognyanova ◽  
Hanyu Chwe ◽  
Alexi Quintana ◽  
...  
Keyword(s):  
Public Health ◽  
Public Trust ◽  
Political Debate ◽  
Vaccine Acceptance ◽  
The Public ◽  
Flu Vaccination ◽  
Public Health Professionals ◽  
Trust In Institutions ◽  
The Government ◽  
The Right

Controversy has erupted over the possible release of a COVID-19 vaccine prior to the November 3rd election, with President Trump hinting that a vaccine may be ready by October, while the CDC has instructed states to be prepared to distribute a vaccine at that time. These assertions have prompted a backlash from some public health experts, countering that this timeline is extremely improbable.Concerns over the possible politicization of emergency use authorization by the Food and Drug Administration (FDA) of a COVID-19 vaccine prior to the completion of phase 3 trials, in turn, has prompted the various pharmaceutical companies currently working on vaccines to prepare an unprecedented joint public statement that they will not submit a vaccine to the FDA for approval until they have compelling scientific proof that it is safe and effective. The political debate occurring against the backdrop of a presidential election raises concerns that many Americans may be unwilling to accept a vaccine because they do not trust the government or its agencies to prioritize safety and efficacy over politics.Meanwhile, Democratic vice presidential candidate Kamala Harris commented during a CNN interview on getting a COVID-19 vaccine prior to the election: “I would not trust Donald Trump.” She subsequently amended her statement, saying in part, "I would trust a vaccine if the public health professionals and the scientists told us that we can trust it." In this report, we explore the issue of public trust regarding the handling of COVID-19 across 15 institutions and individual leaders and its link to public willingness to be vaccinated if a vaccine becomes available.Specifically, we ask: “How much do you trust the following people and organizations to do the right thing to best handle the current coronavirus (COVID-19) outbreak?” For this analysis, we assess the likelihood that a respondent reports trusting an institution or individual leader “somewhat” or “a lot.” We then consider how partisanship and race influence trust in these institutions as well as the extent to which trust is associated with self-reported intent to be vaccinated for COVID-19 or to have received a flu vaccination this past season. We address both the state of trust and vaccine acceptance in August, as well as trends over time.

scholarly journals COVID-19 measures and the Japanese Constitution

F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 230
Author(s):  
Hajime Akiyama
Keyword(s):  
Public Health ◽  
Research Question ◽  
Public Welfare ◽  
Individual Freedom ◽  
Right To Life ◽  
Freedom Of Establishment ◽  
Welfare Rights ◽  
The Government ◽  
The Right ◽  
At Home

Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests and orders for business suspension and shortened business hours, as well as stay-at-home requests. Although there have been no penalties as of January 2021, these requests and orders limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests and orders for business suspension and shortened business hours, and stay-at-home requests?” It also asks: “Are measures with penalties allowed by the Constitution?” This paper introduces constitutional concepts that guarantee or limit individual freedom. Concepts that guarantee individual freedoms include freedom of establishment and movement. These freedoms derive from the constitutional values of freedom to choose one’s occupation and choose and change one’s residence (Art. 22) and the right to own or hold property (Art. 29). Concepts that limit individual freedom include the right to life (Art. 13), welfare rights and public health (Art. 25), and public welfare (Art. 13). Individual freedom that threatens right to life, welfare rights and public health, and public welfare may not be guaranteed. This paper argues that since measures against COVID-19 are considered public welfare, the Constitution allows the limiting of freedom of establishment and movement. Furthermore, from the perspectives of the right to life, welfare rights, and public health, the government is responsible for reducing the risk to life from COVID-19. It also argues that the Constitution permits measures with penalties, while proportionality needs to be considered.

scholarly journals COVID-19 measures and human rights guaranteed by the Japanese Constitution

F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 230
Author(s):  
Hajime Akiyama
Keyword(s):  
Public Health ◽  
Research Question ◽  
Public Welfare ◽  
Individual Freedom ◽  
Right To Life ◽  
Freedom Of Establishment ◽  
Welfare Rights ◽  
The Government ◽  
The Right ◽  
At Home

Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests, instructions and orders for business suspension and shortened business hours, as well as stay-at-home requests. These measures limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests, instructions and orders for business suspension and shortened business hours, and stay-at-home requests?” It also asks: “Are measures with penalties allowed by the Constitution?” given the fact that the penalties were introduced in February 2021. This paper introduces constitutional concepts that guarantee or limit individual freedom. Concepts that guarantee individual freedoms include freedom of establishment and movement. These freedoms derive from the constitutional values of freedom to choose one’s occupation and choose and change one’s residence (Art. 22) and the right to own or hold property (Art. 29). Concepts that limit individual freedom include the right to life (Art. 13), welfare rights and public health (Art. 25), and public welfare (Art. 13). Individual freedom that threatens right to life, welfare rights and public health, and public welfare may not be guaranteed. This paper argues that the Constitution allows the measures against COVID-19 limiting freedom of establishment and movement from the perspectives of the right to life, welfare rights, public health, and public welfare, and the government is responsible for reducing the risk to life from COVID-19. It also argues that the Constitution permits measures with penalties, while proportionality needs to be considered.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

Corrupt Practices in the Public Health Sector: A Focus on Metropolitan Local Government Areas of Kano State, Nigeria

2020 ◽  
Vol 18 (2) ◽  
pp. 149
Author(s):  
Mohammed Mustapha Namadi
Keyword(s):  
Public Health ◽  
Local Government ◽  
Health Sector ◽  
Sampling Technique ◽  
Healthcare Services ◽  
Healthcare Sector ◽  
Healthcare Provision ◽  
The Public ◽  
Public Health Sector ◽  
The Government

Corruption is pervasive in Nigeria at all levels. Thus, despite recent gains in healthcare provision, the health sector faces numerous corruption related challenges. This study aims at examining areas of corruption in the health sector with specific focus on its types and nature. A sample size of 480 respondents aged 18 years and above was drawn from the eight Metropolitan Local Government Areas of Kano State, using the multistage sampling technique. The results revealed evidence of corrupt practices including those related to unnecessary-absenteeism, diversion of patients from the public health facilities to the private sector, diverting money meant for the purchase of equipment, fuel and diesel, bribery, stealing of medications, fraud, misappropriation of medications and unjustifiable reimbursement claims. In order to resolve the problem of corrupt practices in the healthcare sector, the study recommended the need for enforcement of appropriate code of ethics guiding the conduct of the health professionals, adoption of anti-corruption strategies, and strengthening the government monitoring system to check corruption in public health sector in order to ensure equitable access to healthcare services among the under-privileged people in the society.

RETHINKING MODEL BISNIS PEMERINTAH DESA: KASUS PADA BADAN USAHA MILIK DESA DI KABUPATEN BANYUMAS, INDONESIA

2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih
Keyword(s):  
Public Administration ◽  
Rural Community ◽  
Fundamental Difference ◽  
Public Enterprise ◽  
Business Sector ◽  
Social Business ◽  
The Public ◽  
Sector Model ◽  
The Government ◽  
The Right

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

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