IMPLEMENTASI THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PEMERINTAH INDIA DALAM MELEGITIMASI PRODUKSI ARV GENERIK GLOBAL

Abstract

This research aims to explain the efforts of the Government of India in implementing TRIPS so as to produce generic ARV drugs under the TRIPS regime. The idea of regulating patent protection on the health aspects of TRIPS has fueled cynical responses from developing countries that view TRIPS as a form of knowledge commodification and feudalization of information. This research is based on concerns about developing countries access to Antiretroviral (ARV) due to price increases as a consequence of TRIPS. In response to this problem, India as the world's largest generic ARV producer has become the most massive state opposing patent regulation on health aspects. This research sees India's efforts in implementing TRIPS in order to achieve its interests through the pattern of health diplomacy with the principle that health is the aspect that is interpreted as common goods. Periodically, India is advocating the importance of generic ARV accessibility that is used as an antidote to the HIV / AIDS epidemic in developing countries. Using the Critical Theory approach, India is able to encourage emancipation and succeed in protecting the interests of developing countries with serious problems in the HIV / AIDS epidemic.