Nurul Barizah (2013) Doha Declaration Sebagai Instrumen Hukum Internasional untuk meningkatkan Akses Obat-Obatan di Indonesia. jurnal Ilmu Hukum YUSTITIA, 7 (2). pp. 313-333. ISSN 1978-340x

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Abstract

This research aims to (1) analyse the provisions of the Doha Declaration related to Intellectual Property Rights and Public Health; and (2) the validity of the Declaration as international law instrument to increase the access of medicines in Indonesia and its problem. The type of this research is a normative legal research. The method and approaches used in this research are: statutory approach, conceptual approach, and case approach. These approaches are very important particularly to analyse some instruments, mechanisms and measures related to the implementation of Doha Declaration on TRIPs Agreement and Public Health. This research found that Doha Declaration provides legal instrument that can be used by developing and least developed nations to reduce the impact of patent protection on medicines as stipulated under the TRIPs Agreement. This Declaration suggests that Member nations should use the flexibility provided by the TRIPs Agreement, particularly compulsary license, govenment use and exhaustion regime. This research also found that this Declaration is legal and valid whether in the perspective of law or sociology, eventhough there are several problems in its implementation.

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