Abstract

The objective of this research article is to analyze the existence of Indonesian Patent Law and policy on providing a compulsory license to use pharmaceutical patents without consent for patent holders to enhance public health in Indonesia. The focus of this research is to examine whether such law and policy adequate to support access to affordable medicines in Indonesia. The type of this research is normative legal research by using statute and conceptual approaches, while legal resources used in this research is primary and secondary legal resources. The statute approach was used in this research to examine all Indonesia legislation, regulations, and policies dealing with this compulsory license on pharmaceutical patents. This research found that normatively, Indonesian Patent Law and Policy dealing with compulsory license is adequate to secure people's access to affordable medicines. Unfortunately, this compulsory license has not been utilized by the Indonesian Government. The Ministry of Human Rights Regulation No. 39 of 2018 concerning Procedures for Granting of Compulsory License to implement the Patent Act of 2016 has issued to apply for such License. This research advises the Government should ensure that procedure and technical guideline to implement this compulsory license is transparent so that it can be understandable by the third party; thus, accessibility and affordability of medicines can be achieved.