Patent holders are rewarded with one percent of the net sales value of Remdesivir.
REPUBLIKA.CO.ID, JAKARTA – President Joko Widodo (Jokowi) signed Presidential Regulation (Perpres) number 100/2021 regarding the implementation of government patents on the drug Remdesivir, which governs the policy of access to the drug Remdesivir which is currently still protected by patents. In the presidential regulations posted on the page jdih.setneg.go.id, and quoted in Jakarta on Friday (11/26), it was stated that the review of the published presidential regulations regarding the spread of Covid-19 had been declared by the WHO as a global pandemic, and Indonesia the had also declared a national disaster.
In connection with the urgent need for efforts to defeat Covid-19 in Indonesia, it is necessary to establish a policy of access to the patent-protected drug Remdesivir. At the same time, on the basis of the provisions of Article 109 paragraph (3) of Law No. 13/2016 on Patents as amended by Law No. 11/2020 on Job Creation, the implementation of patents by the government is stipulated by presidential regulations.
In article 1 paragraph (1) of the presidential decree, it was decided that the government would file a patent for the drug Remdesivir. Article 1 paragraph (2) explains that the establishment of patents by the government for the drug Remdesivir is intended to meet the availability and urgent need for treatment of the Covid-19 disease.
Article 1 paragraph (3) states that the implementation of patents by the government on the drug Remdesivir is carried out for a period of three years after the entry into force of the presidential regulations. In the meantime, article 1 paragraph (4) is indicated if, after the period of three years referred to in paragraph (3), the pandemic has not yet occurred
expires, government patent enforcement is extended until the government decides to end the Covid-19 pandemic.
Article 2 states that the implementation of a patent by the government on the drug Remdesivir contains the name of the active substance, the name of the patent holder, the patent application number / patent number and the title of invention. At the same time, Article 3 explains that the Minister of Health will appoint the pharmaceutical industry as the executor of the patent for the drug Remdesivir and on behalf of the government in accordance with the provisions of the legislation.
The pharmaceutical industry, as expected, performs functions as the patent executor of the drug Remdesivir on a limited basis, to meet national needs, and is not commercial. not assign the implementation of said patent to a third party; and have good production, distribution and supervision methods in accordance with the provisions of the law.
Article 4 states that the pharmaceutical industry will reward patent holders 1% of the net sales 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 referred to in Article 1 paragraph (3) and paragraph (4).
The presidential decree 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.
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