Implementasi Lisensi Wajib Terhadap Produk Obat yang Dipatenkan Pasca Deklarasi Doha

Abstract

The existence of the Doha Declaration provides developing and least developed countries with potential strategies (safeguards) to reduce the impact of pharmaceutical protection on public health. This declaration offers several policies that are derived from the TRIPS Agreement. One of these is compulsory license. A key question for implementing compulsory licensing after the Doha Declaration is how to implement it in developing and least developed countries which have no or insufficient domestic capacity to produce pharmaceutical products. This becomes a serious problem because according to Article 31 (f) of the TRIPS Agreement, the adoption of compulsory licenses in the WTO members is for the domestic market only. As a consequence, countries with little or no domestic capacity to produce pharmaceuticals cannot import pharmaceuticals products produced under compulsory licenses from other countries