Monday, 17 May 2010

Indonesia - How has the USTR rated Indonesia, in relation to the IPR of pharmaceuticals, in their latest Special 301 report?

In 2010, Indonesia will remain on the Priority Watch List, due the prevalence of counterfeit pharmaceutical products, a weak IPR enforcement system, and barriers that affect pharmaceutical products.

The current state of the IPR protection of pharmaceuticals in Indonesia has not changed since 2009. This is why the country remains on the Priority Watch List in 2010. Indonesia was placed on the Priority Watch List in 2009 due to the deterioration of the IPR protection and lack of enforcement. Further concerns include an unreliable judicial system for IPR cases, a low number of criminal prosecutions, and non-deterrent penalties.

The USTR is worried about the protection against unfair commercial use, as well as unauthorised disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products. In addition, market access barriers remain, including a law that restricts the importation of drugs by foreign pharmaceutical companies.

Further reading - An in-depth analysis of the Indonesian pharmaceutical market is available from Espicom: The Pharmaceutical Market: Indonesia (published May 2010)

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