Zhao, Hu , et al). The initial incident reportedly originated in the market in December 2019

and involved around 66% of the staff there. The market was then closed on January 1, 2020,

following the announcement of an epidemiological warning by local health authorities on

December 31, 2019. However, the following month (January) thousands of people in

China, including other provinces such as Hubei, Zhejiang, Guangdong, Henan, Hunan and

Beijing and Shanghai was attacked with similar symptoms that are increasingly rampant.

The pathogen of the outbreak was later identified as a new beta-coronavirus, named 2019

civilization. This then prompted the World Health Organization (WHO) to designate the

virus as a global pandemic on March 11, 2020 after successfully spreading to 114 countries.

Meanwhile, the virus was then temporarily named by WHO as a severe acute respiratory

disease 2019-nCov. Until finally, WHO, as stated by Director General Tedros Adhanom

Ghebreyesus at a press conference in Geneva, Switzerland, then replaced it with a new

term, namely Covid-19. In this case, the term "co" itself refers to the name Corona, "vi"

means virus, "d" is disease (disease) and 2019 is the year when the virus began to appear

for the first time.

unclear, many believe that the virus is zoonotic and that bats may be the culprits because

contact with an infected person through the air inhaled from coughing or sneezing. Because

the coronavirus is so small, it is difficult to detect its spread in the first place. Fever, chills,

cough, fatigue, and shortness of breath are the first symptoms shown by COVID-19. The

virus then targets the lungs, resulting in moderate or acute pneumonia, lung pneumonia,

respiratory damage or failure, and ultimately death.

continues to spread massively and uncontrollably. The COVID-19 outbreak has spread to

other countries, such as Thailand, Japan, the Republic of Korea, Vietnam, Germany, the

United States, and Singapore and even almost every country on the planet, and on March

11, 2020, Dr. Tedros Adhanom Ghebreyesus in his speech, determined that COVID-19 was

government urges its citizens to wear masks, enforce social distancing, prohibits its citizens

from gathering and partying, to closing schools and other public facilities. Indonesia has

also implemented similar policies, ranging from implementing social and physical

distancing, implementing Large-Scale Social Restrictions (PSBB) to issuing policies to

carry out activities online.

this problem and also discuss preventing similar things from happening in the future. The

option to create an effective COVID-19 vaccine is a priority when that. In addition, there

is also a priority to ensure that the vaccine is given fairly and equitably to everyone.

Vaccines have been proven to save millions of people from infectious diseases. Vaccines

work naturally to train and prepare the immune system to fight and kill viruses, bacteria,

and germs that infect the body and prevent disease (World Health Organization, 2020).

race for ownership rights to the invention, also known as a "patent". Patent is the protection

of Intellectual Property Rights (IPR) which is given to inventors for their processes or

findings as a form of appreciation for intellectuality for creating a new work or invention.

It is natural that the inventor or inventor of the COVID-19 vaccine is given protection

against the results and process of finding a COVID-19 vaccine. This is done to encourage

inventors to continue to innovate and make new findings. With the current state of the

COVID-19 pandemic sweeping the world, the reality of the world's patent system, both

registration and patent protection, has not set boundaries for emergency situations,

especially for vaccines and medical devices. Thus, if a vaccine or medical device meets the

basic criteria, which are novelty, contains an inventive step and can be applied in the

inventor or patent holder and urgent needs on behalf of global public health. The motivation

to make as much profit as possible is an important variable for the availability of a COVID-

19 vaccine in the future, considering that the research, development and clinical trials

process costs money, time and energy from researchers. Developed countries will be at the

forefront to continue to conduct research and development of COVID-19 vaccines, invest

and lobby to ensure vaccine availability for their citizens, including entering into vaccine

pre-production agreements with leading pharmaceutical companies. Therefore, the priority

to ensure the availability of vaccines for all people from developed, developing and least

developed countries (LDCs) is important. This means that the COVID-19 vaccine must be

mass-available and the price must be affordable. This conflict of interest must be carefully

meaning of reality occurs through a language because it is considered to regulate and

produce the social world (Bryman, 2016). The analyzed discourse is obtained from existing

sources or data obtained without direct research. The data studied are secondary data,

namely data obtained from existing sources or data obtained not through direct research.

Secondary data that will be examined are documents, policy statements, press conferences,

related newspaper articles.

Furthermore, discourse itself can be understood as a social construction in which

relational, and never absolute. Meanwhile, Laclau and Mouffe explain three concepts in

discourse theory: subject position and political subjectivity, antagonism, and hegemony.

Subject position is the placement of the subject in the discursive arena. In this case, for

example, there are groups that are for and against the implementation of the PSBB policy.

Meanwhile, political subjectivity places great emphasis on how the subject acts. Laclau

argues that the subject's actions arise due to a discursive arena that has uncertainty in it

(there is room for debate) (Howarth, 1998).

In addition, Laclau and Mouffe (in Howarth, 1998).explain that antagonism is

represented as a dispute between social agents/subjects who have a clear identity.

Antagonism further refers to two opposing parties with an interest in killing each other

Subjects/agents who are antagonistic to each other in the discursive arena will

compete to achieve hegemony. According to Laclau and Mouffe, hegemony is a form of

political articulation that involves connecting various identities into one and then forming

a social order from various divided elements. The practice of achieving hegemony requires

two further possible conditions, namely the existence of antagonistic forces and the

instability of the political boundaries that divide them. The main goal of achieving

hegemony is to establish and stabilize what Laclau and Mouffe call a nodal point (Howarth,

1998). In this case, nodal point is defined as a special marker or reference point in a

discourse that ties together a particular system of meaning or in other words a chain of

significance (Howarth, Norval, & Stavrakakis, 2000: 8).

The COVID-19 vaccine, on the one hand is an economic commodity that needs

protection from legal instruments, but on the other hand it is also a human right. It is

important to examine the legal protection of the COVID-19 vaccine as intellectual property

(IP) which is the work of human thought. Legal protection, as stated by Roscoe Pound, is

that the law functions as a tool of social engineering which can be divided into three types

of interests, namely: first, the interest of the state as a legal entity for the public interest.

view from Robert M. Sherwood who thinks that providing incentives to inventors will

encourage the desire to produce other KI (incentive theory); appreciation of the effort, cost,

time and thought that have been devoted to making inventions (recovery theory); and

awarding inventors for their hard work (reward theory) (Sherwood, 2018). This theory can

be used as the basis for protecting IPR against COVID-19 vaccine inventions.

Covid-19 vaccination is closely related to two ideas of legal protection as a means

of protecting human rights in the public, social and private spheres. At the global level,

inventions that are unique, innovative, and can be used in industry. In this case, the COVID-

19 vaccine is an invention in the pharmaceutical sector that allows the protection of

ownership rights.

Furthermore, the patent itself actually results in the emergence of exclusive rights,

which also contain economic rights and moral rights for the owner. Article 28 paragraph

(1) of the TRIPs Agreement states the exclusive rights granted to patent holders, namely:

right holder from the actions of third parties who make, use, offer for sale, sell, or

import the product without the consent of the rights holder.

b. If the object being patented is a process, then the patent provides protection for the

specified period of time. If the patent rights are not implemented in accordance with

applicable regulations, the patent can be revoked, so that other parties or the general public

can freely enjoy this invention without the consent of the rights holder. In Indonesia, the

regulation of patent rights is regulated in Law Number 3 of 2016 concerning Patents (Patent

Law). Article 1 point 1 of the Patent Law stipulates the definition of a patent, which is an

exclusive right granted by the state to an inventor for his invention in the field of technology

for a certain period of time to carry out the invention himself or to give approval to other

parties to implement it. This definition is also in line with the understanding provided for

others from certain actions in relation to explaining new inventions for a limited time and

vaccine invention differs from the previously disclosed technology; can be used in the

industrial world (industrial applicability), that the COVID-19 vaccine is similar to other

vaccines that can be mass-produced to meet demand; and the last one involves a new stage

(inventive step), which shows that this is something virologists have never seen before.

Taking this into account, as a result, the COVID-19 vaccine has met substantive

requirements and can be protected by the patent regime.

Almost every country, including Indonesia, has been hit by the COVID-19

pandemic. On this basis, Indonesia bears the responsibility to implement various initiatives,

efforts and programs to address these problems. According to Peter Salim, legal science

uses three terms to describe responsibilities, namely: liability, responsibility, and

accountability. First, liability as a form of legal responsibility in the form of civil liability.

Republic of Indonesia, the Government is responsible for protecting the entire Indonesian

nation and the entire homeland of Indonesia, promoting public welfare, educating the

nation's life, and participating in carrying out world order based on independence, eternal

peace and justice. social justice. It is the task of the Government of the Republic of

Indonesia to become difficult to meet the domestic COVID-19 vaccine needs, if the

COVID-19 vaccine has been protected by IPR because IPR gives exclusive rights to rights

holders. These exclusive rights will result in other people/parties who will make, use, sell,

import, rent, deliver, or give for sale, must first obtain permission from the rights holder.

IPR does not regulate exclusive rights indefinitely. In general, the exclusivity of IPR can

be excluded in certain circumstances. The presence of the state in fulfilling these needs can

State intervention as a form of government responsibility in terms of patent

protection, is through the application of compulsory licenses. A license is a power of

attorney granted to a licensee by the right holder or patent owner as the licensor, where a

license is a kind of written agreement that transfers the right to use a patent that is still

protected for a certain period of time and is subject to certain limitations. There are two

types of licenses, namely exclusive licenses which are granted to one licensee in one

particular region, and non-exclusive licenses which are granted to several licensees in

several different regions. Although in reality, the license is made and agreed by the parties

which is carried out on a civil and cooperative relationship. This is different from a

mandatory license, which is obtained by application of a third party to the authorized

Article 5 Paragraph (2) of the Paris Convention states that a compulsory license

needs to be regulated, as a form of prevention in case of abuse of the implementation of

exclusive rights by patent holders. However, the Paris Convention only recognizes

This is also regulated in Article 81 of the Patent Law which states that a compulsory

license is a mandatory non-exclusive license. Article 7 of TRIPs and considering paragraph

4 of the Preamble of TRIPs, states that a balance between rights and obligations cannot be

achieved by reducing the rights of patent holders without adding an element of public

interest. This means that the individual rights of the patent holder cannot be limited for the

benefit of other individuals and only on the basis of the public interest, the application of a

compulsory license can be justified. Mandatory licensing only a can be given to the

that is detrimental to the public interest; as an effort to produce pharmaceutical goods that

obtain patents in Indonesia for the treatment of diseases in humans; and as an effort to

import pharmaceutical goods that are patented in Indonesia for the treatment of diseases in

humans but cannot be produced in Indonesia. The reasons mentioned above can of course

be used to justify state intervention in carrying out state responsibilities as a form of state

presence in fighting COVID-19 through the use of mandatory licenses. In such cases, the

responsibility of the state to fulfill state objectives through state actions is non-negotiable,

especially as a compulsory license applicant if Indonesia is the recipient of the license. This

is in accordance with Article 8 of TRIPs, which stipulates that member states may adopt or

amend their laws and regulations to determine the necessary public health protection

In addition to the mandatory patent license, to make exceptions to patent rights, the

government can also apply for patents (government use). The Government use clause

allows WTO member countries that are automatically subject to the TRIPs Agreement to

use patents without permission from the patent holder, for reasons of certain circumstances

such as protection of the public interest. Although there are similarities between the concept

of compulsory licensing and government use, which aims to apply exceptions to exclusive

patent rights, government use requires fair payments of royalties to patent holders. So far,

government use is usually carried out in terms of drugs, namely to produce generic drugs.

Where the main goal is to reduce production costs. So that drug distribution becomes easier

and accessible to all circles of society.

countries, which are limited in the production and development of COVID-19 vaccines due

to inadequate technology and funding sources.

WHO targets 70% of the global population to be vaccinated against COVID-19 by

September 2022.The G20 Forum also supports achieving this target. In March 2021, the

Organization for Economic Co-operation and Development (OECD) estimated that high-