Control Measures

Government Cuts Red Tape to Pave the Way for Covid-19 Vaccine

As seen from the many regulations issued since the declaration of COVID-19 as a public health emergency, the Indonesian government has been rolling out various measures to protect the country and its citizens. Most recently, the government issued Presidential Regulation No. 77 of 2020 on the Procedures to Implement Patents by the Government ("New Regulation"), which is the implementing regulation of Law No. 13 of 2016 on Patents.

In the past, the procedure to implement patents by the government was governed by Government Regulation No. 27 of 2004 (“Regulation No. 27 of 2004”) as mandated by the old patent law (Law No. 14 of 2001 on Patent). Pursuant to Regulation No. 27 of 2004, the government then issued Presidential Regulation No. 76 of 2012 on the Implementation of Patent by the Government for Antiviral and Anti-Retroviral Medicines, which was enacted to meet the urgent demand and need for antiviral and anti-retroviral medicines to treat HIV/AIDS and Hepatitis B.

In light of the current pandemic, the New Regulation aims to eliminate bureaucratic red tapes to ensure that when a COVID-19 vaccine becomes available, the government can immediately implement the patent.  Under the New Regulation, the government can implement a patent if the patent relates to Indonesia's national defence and security or in the event of an urgent public needs, which includes the need for pharmaceutical or biotechnological products that may potentially be expensive or necessary to treat diseases that can adversely affect the general rate of mortality.