PELINDUNGAN HUKUM TERHADAP PATEN PRODUK FARMASI ATAS PELAKSANAAN PATEN OLEH PEMERINTAH (GOVERNMENT USE)

Abstract

Each patent holder has the exclusive right to implement the invention oneselfor give approval to other parties to implement the invention. In a very urgent necessity for public health interest, the government may use the patent of pharmaceutical products (government use). This research aims to analyze the patent implementation of pharmaceutical products by the government and the legal protection for patent holder of pharmaceutical products. The research method is normative juridical approach with legal materials source through library research. The patent implementation of pharmaceutical products by the government can be carried out without permission of the patent holder. The patent holder of pharmaceutical products obtains legal protection to guarantee the exlusive right and compensation payment based on the law.