Kebijakan Pasal 3(D) Patent(Amendment) Act 2005 India dalam Merespon Pemberlakuan Aturan Trade Related Aspects of Intelectual Property Rights(Trips)

Frederick Marcurius , Usmar Salam

2015 | Tesis | Ilmu Hubungan Internasional

ABSTRAK This study aims to explain the reason of Article 3(d) in a patent (amendmnet) act 2005 facing the implementation of TRIPS. trips are part of the WTO. India joining the WTO, automatically india must comply with the TRIPS regime. during the period 1970 to 1995, India did not use the rules of patents for pharmaceuticals, agriculture and chemicals. so that it becomes a challenge for India when joining the WTO and must implement patent. Using the theory of protectionism and patents, it will be found the reason why India inserting Article 3(d) in the patent (amendment) act 2005. The research was conducted through literature study, the exposure is deskristif. The results of this study indicate the reasons article 3(d) in a patent (amendment) act, 2005. The first, the protection of the Indian industry. Indian industry is growing well, after the non-enforcement of rules for pharmaceutical patents. India is able to increase the capacity of the Indian pharmaceutical industry. second, to protect the national interests of international trade. implementation of patent rules, many MNCs use evergreening, to obtain a patent. however, the patent monopoly by using evergreening will adversely affect India. any decision taken must meet domestic needs. so it will obtain benefits in line with expectations. Keywords: Evergreening, India, MNC, TRIPS, Paten, WTO

Kata Kunci : Paten