President Joko Widodo Signs Presidential Decree On The Implementation Of Remdesivir Drug Patents

President Joko Widodo (Photo: Twitter @jokowi)

JAKARTA - President Joko Widodo signed Presidential Regulation Number 100/2021 concerning the Implementation of Patents by the Government on Remdesivir Drugs, which regulates the policy on access to the drug Remdesivir which is currently still protected by patents. and quoted by Antara in Jakarta, Friday, November 26, it was stated that the consideration of the Presidential Regulation issued regarding the spread of COVID-19 had been declared by the WHO as a global pandemic, and Indonesia had also declared it a national disaster. Indonesia, it is necessary to establish a policy on access to the drug Remdesivir which is still protected by a patent.

Meanwhile, based on the provisions of Article 109 paragraph (3) of Law Number 13/2016 concerning Patents as amended by Law Number 11/2020 concerning Job Creation, the implementation of patents by the government is stipulated by a Presidential Regulation. enforce the patent for the drug Remdesivir. Article 1 paragraph (2) explains that the implementation of a patent by the government on the drug Remdesivir is intended to meet the availability and urgent need for the treatment of COVID-19. three years after the Presidential Regulation comes into force. While article 1 paragraph (4) is stated if after the three year period as referred to in paragraph (3) the pandemic has not ended, the government's implementation of patents is extended until the COVID-19 pandemic is determined to end by the government. Remdesivir drug contains the name of the active substance, the name of the patent holder, the patent application number/patent number, and the title of the invention.

Meanwhile, in Article 3 it is explained that the Minister of Health will appoint the pharmaceutical industry as the executor of the Remdesivir drug patent and on behalf of the government in accordance with the provisions of the legislation. and is non-commercial. The requirements for the appointed pharmaceutical industry are to have facilities and be able to implement patents; not transfer the implementation of the said patent to another party; and has good production, distribution, and supervision methods in accordance with the provisions of the legislation. Article 4 stipulates that the pharmaceutical industry shall provide a reward to the patent holder in the amount of one percent of the net selling value of the drug Remdesivir. And in Article 5 it is stated that the provision of compensation is carried out annually and carried out according to the period as referred to in Article 1 paragraph (3) and paragraph (4). The Presidential Regulation was signed by the President on November 10, 2021 and promulgated on the same date by the Minister of Law and Human Rights, Yasonna. Laoly.