Bolar provision sebagai pembatasan hak paten di bidang farmasi ditinjau dari undang-undang nomor 13 tahun 2016 tentang paten = Bolar provision as a limitation to patent rights in pharmaceutical industry reviewed from legislation no. 13 year 2016 on patent
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Institusion
Universitas Pelita Harapan
Author
Hutabarat, Dewi Kurniasari
Subject
K Law (General)
Datestamp
2021-09-09 07:18:37
Abstract :
Intellectual Property Rights provide certain exclusive rights to the inventors or creators of the property. There are several types of intellectual property protection like patent, copyright and trademark. Patent confer the rights of the third party from making, using, offering for sale, selling, or importing the invention without the patentee?s consent. In pharmaceutical industry, there is a limited exception to the exclusive rights conferred by a patent which generally known as Bolar Provision. Bolar Provision allows the third party to take the necessary action during the term of patent protection to obtain approval from the health authority. This limited exception provided in Article 30 TRIPs Agreement which state that members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such an exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interest of the patent owner, taking the account of the legitimate interest of third parties. Legal research in this thesis using normative legal research methods, by conducting a literature study. This thesis will analyze the regulation about Bolar Provision in Indonesia under the Legislation No. 13 Year 2016 on Patent and also the impact to the patentee.
Intellectual Property Rights provide certain exclusive rights to the inventors or creators of the property. There are several types of intellectual property protection like patent, copyright and trademark. Patent confer the rights of the third party from making, using, offering for sale, selling, or importing the invention without the patentee?s consent. In pharmaceutical industry, there is a limited exception to the exclusive rights conferred by a patent which generally known as Bolar Provision. Bolar Provision allows the third party to take the necessary action during the term of patent protection to obtain approval from the health authority. This limited exception provided in Article 30 TRIPs Agreement which state that members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such an exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interest of the patent owner, taking the account of the legitimate interest of third parties. Legal research in this thesis using normative legal research methods, by conducting a literature study. This thesis will analyze the regulation about Bolar Provision in Indonesia under the Legislation No. 13 Year 2016 on Patent and also the impact to the patentee.
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