logo-ahplogo-ahplogo-ahplogo-ahp
  • Home
  • Firm
    • About Us
    • Careers
    • Linked Stream
  • Solutions
      • Anticorruption & Good Corporate Governance
      • Banking & Finance
      • Capital Markets
      • Competition Law
      • Debt & Corporate Restructuring
      • Dispute Resolution
      • Energy, Oil & Gas
      • Foreign Direct Investment
      • Fraud & Forensics Investigation
      • Intellectual Property
      • Islamic Finance
      • Labor Law
      • Mergers & Acquisitions
      • Projects & Natural Resources
      • Real Property
      • Shipping & Aviation
      • Tax & Customs Services
      • Telecommunications & Media
  • Members
  • Events
    • News & Insights
  • Rajah Tann Asia
✕
            No results See all results

            Government Cuts Red Tape to Pave the Way for Covid-19 Vaccine

            As seen from the many regulations issued since the declaration of COVID-19 as a public health emergency, the Indonesian government has been rolling out various measures to protect the country and its citizens. Most recently, the government issued Presidential Regulation No. 77 of 2020 on the Procedures to Implement Patents by the Government (“New Regulation“). This regulation is the implementing regulation of Law No. 13 of 2016 on Patents.

            In the past, the procedure to implement patents by the government was governed under Government Regulation No. 27 of 2004 as mandated by the old patent law (Law No. 14 of 2001 on Patent). Based on such regulation, the government then issued Presidential Regulation No. 76 of 2012 on the Implementation of Patent by the Government for Antiviral and Anti-Retroviral Medicines, which was enacted to meet the urgent demand and need for antiviral and anti-retroviral medicines to treat HIV/AIDS and Hepatitis B.

            In light of the current pandemic, the New Regulation is certainly a positive sign that the Indonesian government is taking active steps to eliminate bureaucratic red tapes to ensure that when a COVID-19 vaccine becomes available, the government can immediately implement the patent.

            Under the New Regulation, the government can implement a patent if the patent relates to Indonesia’s national defence and security or in the event of an urgent public needs, which includes the needs for pharmaceutical or biotechnological products that may potentially be expensive or necessary to treat diseases that can adversely affect the general rate of mortality. If the government cannot implement the patent, it can appoint a third party to implement the patent provided that such third party owns the necessary facilities and is able to implement the relevant patent, will not assign or transfer the implementation of the relevant patent to any other party, and has an adequate production, distribution and monitoring procedure and method.

            The New Regulation states that a minister or a head of a governmental agency/ministry must apply for the patent implementation to the Minister of Law and Human Rights (“MOLHR“). Such request must state the object of the patent, the details of the invention to be covered by the patent, and the needs for such patent in the country. The MOLHR will then examine whether the request and the patent itself meet the requirements. Upon approval of the request, the MOLHR will form a team to determine the amount of compensation that will be paid to the patent owner, which must be fair and reasonable.

            Despite the implementation of the patent by the government or a party appointed by it, the patent owner will still hold an exclusive right over the relevant patent. This means that the patent owner can still implement their patent in Indonesia, as well as being obliged to pay the relevant annuity fees for the patent.

             

            Contacts

             

            Chandra M. Hamzah
            Partner and Co-Founder

            D (62) 21 2555 9999
            F (62) 21 2555 7899
            chandra.hamzah@ahp.id

            Dewi Soeharto
            Partner

            D (62) 21 2555 7891
            F (62) 21 2555 7899
            dewi.soeharto@ahp.id

             

            ***

            AHP Client Alert is a publication of Assegaf Hamzah & Partners. It brings an overview of selected Indonesian laws and regulations to the attention of clients but is not intended to be viewed or relied upon as legal advice. Clients should seek advice of qualified Indonesian legal practitioners with respect to the precise effect of the laws and regulations referred to in AHP Client Alert. Whilst care has been taken in the preparation of  AHP  Client Alert, no warranty is given as to the accuracy of the information it contains and no liability is accepted for any statement, opinion, error or omission.

             

             

            More Articles

            • Regional Trade Highlights 2022
              January 30, 2023
            • Indonesia Expands Its Anti-Tax-Avoidance Measures: A Development to be Aware of in Tax Planning and Compliance
              January 27, 2023
            • Dissecting the Amendment to the Omnibus Law: Which Sectors are Affected and How?
              January 20, 2023
            • A New Rule Requires Importers of Software or Other Digital Products via Electronic Transmission to Fulfil Customs Obligations
              January 16, 2023
            • Rajah & Tann Asia Member Firms, Members of Lifesciences Asia-Pacific Network (LAN), Contribute to the Singapore and Indonesia Chapters of Comparative Study: Patent Linkage Systems in APAC
              January 13, 2023
            • Indonesia’s New Criminal Code Introduces Corporate Crime
              January 4, 2023
            • A Practical Guide to Getting Your Organisation PDP Law-Ready
              December 1, 2022
            • Shipping Law Updates
              November 16, 2022
            • Arb-Med-Arb: An Effort to Enhance Amicable Dispute Resolution
              September 30, 2022
            • Five Burning Questions about the Indonesian Personal Data Protection Bill
              September 27, 2022
            By Practice Area
            • Projects & Energy
            • Technology Media & Telecommunications
            • Intellectual Property
            • Real Property
            • Banking & Finance
            • Capital Markets
            • Competition
            • Mergers & Acquisitions
            • Dispute Resolution
            • Tax and Customs

            Jakarta Office

            Capital Place, Level 36 & 37
            Jalan Jenderal Gatot Subroto Kav. 18
            Jakarta 12710,
            Indonesia

            Phone: +62 21 2555 7800
            Fax: +62 21 2555 7899
            Email: info@ahp.id


            Subcribe

            Surabaya Office

            Pakuwon Center, Superblok Tunjungan City
            Lantai 11, Unit 08
            Jalan Embong Malang No. 1, 3, 5,
            Surabaya 60261
            Indonesia

            Phone: +62 31 5116 4550
            Fax: +62 31 5116 4560

            Assegaf Hamzah & Partners


            © 2001 - 2022 Assegaf Hamzah & Partners. All rights reserved.

            Rajah & Tann Asia is a network of legal practices based in Asia.

            Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

            This website is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this website.