TY - JOUR
T1 - State Responsibility for Access and Availability of Patented Drugs for Public Health
AU - Muis, Lidya Shery
AU - Jened, Rahmi
AU - Barizah, Nurul
AU - Tjwan, Go Chin
N1 - Publisher Copyright:
© 2023 Lidya Shery Muis, Rahmi Jened, Nurul Barizah and Go Chin Tjwan.
PY - 2023/5
Y1 - 2023/5
N2 - Article 28H and Article 34 of the 1945 Constitution of the Republic of Indonesia stipulate that fulfilling the health rights of Indonesian citizens is the responsibility of the state. Human rights require that individuals have access to the availability of medicines in society. The high price of medicines, especially patent medicines, results in limited access and availability of essential medicines. This study uses normative legal research methods, with a statutory approach, and a conceptual approach. The purpose of this study is to examine and analyze the state's goals in fulfilling the right to health as a human right by the state as well as access and availability of patented drugs to fulfill the right to health. In addition to ensuring the availability of complete medicines in sufficient quantity, quality, affordable and easily accessible to the public, the government is also responsible for protecting the rights of inventors as long as the drugs are still under patent protection. To balance these two rights, the government plays the role of provider, regulator, entrepreneur and umpire.
AB - Article 28H and Article 34 of the 1945 Constitution of the Republic of Indonesia stipulate that fulfilling the health rights of Indonesian citizens is the responsibility of the state. Human rights require that individuals have access to the availability of medicines in society. The high price of medicines, especially patent medicines, results in limited access and availability of essential medicines. This study uses normative legal research methods, with a statutory approach, and a conceptual approach. The purpose of this study is to examine and analyze the state's goals in fulfilling the right to health as a human right by the state as well as access and availability of patented drugs to fulfill the right to health. In addition to ensuring the availability of complete medicines in sufficient quantity, quality, affordable and easily accessible to the public, the government is also responsible for protecting the rights of inventors as long as the drugs are still under patent protection. To balance these two rights, the government plays the role of provider, regulator, entrepreneur and umpire.
KW - Access and Availability of Drugs
KW - Health Rights
KW - Patent
KW - State Responsibility
UR - http://www.scopus.com/inward/record.url?scp=85168091607&partnerID=8YFLogxK
U2 - 10.20473/ydk.v38i2.43007
DO - 10.20473/ydk.v38i2.43007
M3 - Article
AN - SCOPUS:85168091607
SN - 0215-840X
VL - 38
SP - 219
EP - 242
JO - Yuridika
JF - Yuridika
IS - 2
ER -