Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development

Abstract

Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
 
 Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
 
 Findings: Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
 
 Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
 
 Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.