Patent Vs Trade Secret: Considering the Legal Protection of Covid-19 Vaccine in Indonesia Related to the State Intervention

DOI

10.2991/assehr.k.201014.075How to use a DOI?

Keywords

Patents, Trade Secrets, State Intervention

Abstract

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.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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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  - 10.2991/assehr.k.201014.075
ID  - Masnun2020
ER  -