Patent Vs Trade Secret: Considering the Legal Protection of Covid-19 Vaccine in Indonesia Related to the State Intervention
Muh Ali Masnun, Eny Sulistyowati, Hananto Widodo
Muh Ali Masnun
Available Online 15 October 2020.
- https://doi.org/10.2991/assehr.k.201014.075How to use a DOI?
- Patents, Trade Secrets, State Intervention
- The purpose of this study is to analyze how the legal protection of Covid-19 vaccine through an intellectual property rights protection approach. The protection is to weigh between patents and trade secrets by linking state intervention with the basis that the Covid-19 pandemic has become a global problem so there must be state interference in this matter. Research used normative juridical supported by both primary and secondary legal materials. The results of the study that the legal protection of Covid-19 can use patents or trade secrets. Patents and trade secrets as an IPR regime the inherent exclusive rights granted by the state, however, are unlimited. One form of limitation of exclusive patent rights is the rules regarding compulsory licenses, while limiting exclusive rights to trade secrets by allowing the disclosure of trade secrets on the grounds of public health and safety. State intervention in protecting the public of patent or trade secret exclusivity is by applying compulsory licenses to patents or disclosing information on trade secrets.
- Open Access
- This is an open access article distributed under the CC BY-NC license.
Cite this article
TY - CONF AU - Muh Ali Masnun AU - Eny Sulistyowati AU - Hananto Widodo PY - 2020 DA - 2020/10/15 TI - Patent Vs Trade Secret: Considering the Legal Protection of Covid-19 Vaccine in Indonesia Related to the State Intervention BT - Proceedings of the 3rd International Conference on Social Sciences (ICSS 2020) PB - Atlantis Press SP - 352 EP - 356 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201014.075 DO - https://doi.org/10.2991/assehr.k.201014.075 ID - Masnun2020 ER -