scholarly journals Compulsory license to utilize the patent in accordance with UAE law and in light of the TRIPS Agreement

2020 ◽  
Vol 10 ◽  
pp. 621-636
Author(s):  
Abdallah Hameed Al Ghuwairi
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Compulsory License ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
Legal Texts ◽  
The Right

The study deals with legal texts dealing with compulsory licensing to exploit an invention, covered by legal protection in accordance with UAE law and TRIPS, the researcher follows the curriculum. Descriptive analysis and comparison of texts dealing with compulsory licensing in UAE Law. In the light of the TRIPS Agreement, the study focused on determining what is meant by compulsory licensing The right to grant a compulsory license in the event that they are available to the judiciary or cases where the UAE law permits the Minister to grant the license Compulsory with the conditions to be granted for the granting of compulsory license in each case of Cases in which UAE law and the TRIPS Agreement permit the compulsory licensing of third parties.The study examines the conditions for granting a license Compulsory and its legal effects, the study was divided into two subjects, and the section of each topic to two requirements, in addition to a conclusion containing the most important findings and recommendations.

Product Patent in Pharmaceuticals and Compulsory Licensing

2017 ◽  
pp. 108-123
Author(s):  
Jatinder Maan ◽  
Dinesh Kumar
Keyword(s):  
Intellectual Property ◽  
Compulsory License ◽  
Developed Countries ◽  
Developing Nations ◽  
Trips Agreement ◽  
Intellectual Property Protection ◽  
Political Pressure ◽  
Compulsory Licensing ◽  
Contentious Issue ◽  
History Of

The issue of patenting is a contentious issue. Different stakeholders hold opposite views. The pharmaceutical giants demand for stricter and longer Intellectual Property Protection for the promotion of research and development. They contend IP protection to be the “bedrock of their business”. While the health activists and governments of developing nations want greater flexibility in intellectual property protection and shorter patent period protection. Article 31 of the TRIPs agreement provides certain flexibilities to cater to certain situations. The countries are free to determine the grounds to issue provisions like compulsory licensing. But despite the provisions very few countries have used them. Pharmaceuticals giants with the backing of developed countries always try to denounce the practice of compulsory licensing with economic and political pressure. This chapter explains the concept and significance of Intellectual Property with reference to Pharmaceuticals. It also traces the little history of TRIPs agreement and explains the concept of Compulsory Licensing with trends in its use. It also discusses the few instances where compulsory License has been issued in different countries and tries to find the reasons of non issuance of Compulsory License.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals Evaluative Review of Government Obligations in Protecting the Right to Work for Persons with Disabilities through National and Regional Regulations (Ambon City) After the Ratification of the Convention on the Rights of Persons with Disabilities

2021 ◽  
Vol 1 (2) ◽  
pp. 57
Author(s):  
Siska Giofana Mapusa
Keyword(s):  
Human Rights ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Regional Level ◽  
Persons With Disabilities ◽  
Right To Work ◽  
Protection Of Human Rights ◽  
The Right ◽  
The City

Introductioan: Indonesia is a country that upholds the protection of human rights . One of the human rights pillars of concern for Indonesia is legal protection for Persons with Disabilities.Purposes of the Research: The study aims to determine whether the national regulations in Indonesia have accommodated the implementation of the Right to Work in accordance with Article 27 of the Convention on the Rights of Persons with Disabilities (CRPD) and the availability of regulation at the regional level, especially in Ambon as a form of protection for the Disability Right to Work.Methods of the Research: This research was conducted using normative methods. The results of this study were presented in a descriptive analysis report.Results of the Research: The results showed that the Act and regulations in Indonesia have not been maximal in providing protection for workers with disabilities because not all rights in Article 27 of the CRPD were regulated in national regulations. Relating to the protection of the right to work for persons with disabilities in the city of Ambon, there was no district regulations.

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 Legal Protection Against Children Being Victims Of Crimes Prosecution Stage In Kudus

2018 ◽  
Vol 1 (2) ◽  
pp. 405
Author(s):  
Dedy Nurjatmiko
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Analysis Data ◽  
Empirical Method ◽  
Public Prosecutor ◽  
Child Victims ◽  
The Public ◽  
Survey Results ◽  
The Right ◽  
Depth Interviews

Protection of child victims in law enforcement process is essential to ensure the fairness of the essentials, in addition to criminal punishment to the perpetrators of the crime. This study aims to determine and analyze the consideration Requisitor prosecutors of the State Prosecutor of the case the defendant Child in Kudus of the rights of child victims. The method used in this research is juridical empirical method. Specifications research the authors use the descriptive analysis. Data collected in-depth interviews with the parties involved in research, direct observation and recording of documents. The survey results revealed the consideration of the Public Prosecutor in Requisitor yet fully protect the rights, rights of the victim, such as notifying the right to restitution.Keywords: Protection of Child Victims; Consideration Requisitor Public Prosecutor; �Restitution

Product Patent in Pharmaceuticals and Compulsory Licensing

2019 ◽  
pp. 135-147
Author(s):  
Jatinder Maan ◽  
Dinesh Kumar
Keyword(s):  
Intellectual Property ◽  
Compulsory License ◽  
Developed Countries ◽  
Developing Nations ◽  
Trips Agreement ◽  
Intellectual Property Protection ◽  
Political Pressure ◽  
Compulsory Licensing ◽  
Contentious Issue ◽  
History Of

The issue of patenting is a contentious issue. Different stakeholders hold opposite views. The pharmaceutical giants demand for stricter and longer Intellectual Property Protection for the promotion of research and development. They contend IP protection to be the “bedrock of their business”. While the health activists and governments of developing nations want greater flexibility in intellectual property protection and shorter patent period protection. Article 31 of the TRIPs agreement provides certain flexibilities to cater to certain situations. The countries are free to determine the grounds to issue provisions like compulsory licensing. But despite the provisions very few countries have used them. Pharmaceuticals giants with the backing of developed countries always try to denounce the practice of compulsory licensing with economic and political pressure. This chapter explains the concept and significance of Intellectual Property with reference to Pharmaceuticals. It also traces the little history of TRIPs agreement and explains the concept of Compulsory Licensing with trends in its use. It also discusses the few instances where compulsory License has been issued in different countries and tries to find the reasons of non issuance of Compulsory License.

scholarly journals Perlindungan Hukum dan Hak Waris Istri Kedua dalam Perkawian Poligami Tanpa Izin

2020 ◽  
Vol 2 (3) ◽  
pp. 633-643
Author(s):  
Misda Deni ◽  
Asmuni Asmuni ◽  
Tengku Erwinsyahbana
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Legal Problem ◽  
Positive Law ◽  
The Right ◽  
Research Type

Polygamy marriage must be done with the consent or permission of the wife so that this creates a new legal problem regarding the position of the second wife, both in terms of rights and obligations, children, assets in the marriage as well as problems in the distribution of inheritance. The purpose of this paper is to determine the legal protection of a second wife to their legal status in polygamy marriage and to find out the rights of wife's inheritance in polygamy marriage according to Islamic fiqh and positive law. This research method is normative juridical with descriptive analysis research type. Legal protection for the second wife to get the rights and recognition must legalize marriage (isbat nikah) in the Religious Court. The second inheritance right of the wife to the polygamy marriage without permission is the right to inheritance with her husband since the marriage took place and all wives have the same rights to the inheritance within 1/8 if they have children and ¼ if they do not have children.

scholarly journals LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 39-44
Author(s):  
Dmytro Ivanenko ◽  
◽  
Nataliia Hlushchenko ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Access To Medicines ◽  
Legal Aspects ◽  
Trips Agreement ◽  
The European Union ◽  
Association Agreement ◽  
Compulsory Licensing ◽  
The Right ◽  
The Impact

The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.

scholarly journals Compulsory licensing in favor of patentholders of dependent pharmaceutical inventions

2021 ◽  
Vol 12 (1) ◽  
pp. 73-98
Author(s):  
Arina S. Vorozhevich ◽  
Keyword(s):  
Compulsory License ◽  
Pharmaceutical Market ◽  
New Drugs ◽  
Clear Understanding ◽  
Negative Consequences ◽  
Compulsory Licensing ◽  
Essential Patent ◽  
The Right ◽  
Standard Essential Patent ◽  
Improved Characteristics

The article analyzes the conditions for issuing a compulsory license in favor of the patent holders of dependent pharmaceutical inventions on the basis of Paragraph 2, Article 1362 of the Russian Civil Code. The criteria for the relevance of a dependent invention to important technical advancements with significant economic advantages are disclosed. An analysis of the emerging Russian court practice on the issuance of compulsory licenses in the pharmaceutical market, meanwhile, showed that Russian courts lack a clear understanding of when a patent holder can and cannot apply for a compulsory license. The author proves that compulsory licensing is an effective mechanism to prevent abuse of the right (first of all, to standard-essential patent) in the markets of complex innovations (IT, electronics and telecommunications). At the same time, its implementation on the pharmaceutical market can lead to negative consequences: discourage pharmaceutical companies to invest in the development of new drugs, register breakthrough drugs in Russia; reduce foreign investment in the pharmaceutical sector. In this case, the provision of compulsory licenses should be interpreted as an exceptional tool. The issuance of a compulsory license in favor of the owner of the dependent invention can be justified only if such an invention represents a genuine innovation, an important step in the development of pharmaceuticals. The licensee must offer the market a new drug with improved characteristics: increased therapeutic efficacy and (or) safety, which has no available alternatives.

PERLINDUNGAN HUKUM TERHADAP HAK KONSUMEN DALAM INDUSTRI PERUMAHAN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2017 ◽  
Vol 2 (2) ◽  
pp. 141-156
Author(s):  
Eka Supriatiningsih
Keyword(s):  
Consumer Protection ◽  
Direct Relationship ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Consumer Rights ◽  
Research Problems ◽  
Human Need ◽  
Housing Industry ◽  
The Government ◽  
The Right

Housing is a basic human need. But for the majority of the Indonesian people, the word "home" became the term that is very expensive, but the house is a building basic, fundamental and also a prerequisite for everyone to survive and live and enjoy life dignified, peaceful, safe and comfortable. Many problems regarding housing draw made this issue to be studied. Identification of research problems are 1) How is the role and perspectives of Law No. 8, 1999 (BFL) for violation of consumer rights in the housing industry?; 2) The extent to which the responsibility of the developer or developer to default or negligence in carrying out obligations, and how the reality faced by consumers?; 3) what legal action can be taken if a dispute arises consumers with businesses?. This study is a descriptive analysis is intended to provide a detailed overview of the rights of consumers in the housing industry, to see the problems that exist in the present and perspective of research that its analysis leads to the future in order to find the right policy to consumer protection housing. From these results it can be concluded that: 1) the implementation of Law No. 8 of 1999 on Consumer Protection (BFL), especially regarding the implementation of consumer rights cannot be realized as a whole, particularly with regard to the behavior for the rights, such as rights advocacy, the right to obtain redress. 2) On the issue of consumer protection, based on the findings directly in the field indicates that Act No. 8, 1999 do not yet play as expected at the time of enactment. 3) Control the government to businesses in the housing industry or developers so far only limited to licensing only, while the interactions or direct relationship between developers and consumers, the government does not intervene. On the advice of the above conclusions are: 1) There needs to be a social movement about empowering consumers so considered important encouragement for socialization activities; 2) Establishment of an independent body specialized dispute resolution field of housing or property in Indonesia is quite urgent, given the weak position of the consumer; 3) For a more integrative and comprehensive reach the target of legal protection to consumers, Act No. 8 of 1999 on Consumer Protection in the implementation must be accompanied by implementing regulations.

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