Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Legal Protection of Breeder Rights and Farmer Rights concerning Protection of Plant Varieties

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303342,
        author={Elsya Lucia Gracella and Budi  Santoso and Edy  Sismarwoto},
        title={Legal Protection of Breeder Rights and Farmer Rights  concerning Protection of Plant Varieties},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={breeder's rights farmer's rights},
        doi={10.4108/eai.17-7-2019.2303342}
    }
    
  • Elsya Lucia Gracella
    Budi Santoso
    Edy Sismarwoto
    Year: 2021
    Legal Protection of Breeder Rights and Farmer Rights concerning Protection of Plant Varieties
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303342
Elsya Lucia Gracella1,*, Budi Santoso1, Edy Sismarwoto1
  • 1: Fakultas Hukum, Universitas Diponegoro, Jl. Prof. H. Soedarto, S.H., Semarang, Indonesia 50275
*Contact email: elsyalucia08@gmail.com

Abstract

Plant Variety Protection (PVT) is a part of Intellectual Property Rights (IPR) which is highly needed in agriculture in Indonesia. Regulations on the Protection of Plant Varieties are contained in Law No. 29 of 2000 concerning Protection of Plant Varieties. The drafting of the PVP Act should protect the rights of breeders (Breeder’s Rights) and may not damage the farmers' privileges (Farmer's Privilege). However, there are still cases regarding the Protection of Plant Varieties which in their settlement do not use the PVP Law. This study uses normative juridical methods with qualitative analysis. The data in this study are secondary data obtained from primary, secondary and tertiary legal entities. Furthermore, these data are analyzed using qualitative data analysis methods. The results showed that the regulation of PVP in the PVP Law in Indonesia is still unclear and balanced in regulating between Breeder’s Rights and Farmer Rights. It is also known that there are still many plant breeders who have not yet registered plant varieties for their breeding, due to the complexity and high cost of PVP registration.