Nurul Barizah (2012) International Intellectual Property Rights on Agriculture and Its Implementation Under Indonesia National Law. In: Law: An Asian Identity ? 9th Asian Law Institute Conference, 31 Mei-1 Juni 2012, Singapura. (Unpublished)

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Abstract

Since the ratification of TRIPs Agreement in 1994, Intellectual Property (IP) has been the fastest growing field of law in Indonesia and the Government has launched a substantial reform in this area. This reform has tried to bring Indonesian IP Laws to meet International standard in all subjects of protection including agricultural innovation of new plant varieties. To complete this reform, the Government enacted Plant Varieties Protection Act (PVP Act) in 2000. The main substance of the PVP Act has borrowed mainly to International Convention on Plant Varieties (1991 UPOV), although there is no international law obligation for Indonesia to fully comliance with 1991 UPOV, except under Indonesia-Japan Economic Partnership Agreement (IJEPA). In fact, Indonesia has not been member to and does not ratify the 1991 UPOV yet. Firstly, this paper examines the historical background of the international intellectual property rights on agriculture, particularly 1991 UPOV and the significance for Indonesia to provide such protection under its national law. Secondly, it compares the 1978 UPOV and 1991 UPOV, and its substantial provisions particularly in the context of breeder’s rights and farmer’s rights. Thirdly, this paper also examines whether the adoption of such Convention into Indonesian PVP Act does easily match with Indonesian stage of agricultural research and development as well as the nature of traditional agricultural system in this country. Lastly, it also explores the substantiak provisions of the Act, particularly in the context of farmer’s rights and the protection of local varieties. Apart from that, it further examines whether the PVP Act is adequate to protect prevailing tradional agricultural system of knowledge in Indonesia.

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