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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Luqyana Agny Anisataqiyya
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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EVALUATING THE CONCEPT OF ESSENTIALLY DERIVED VARITIES TO PROTECT ECONOMIC INTEREST OF BREEDERS/RIGHTS HOLDER AND FOSTER DEVELOPMENT OF PLANT VARIETY INNOVATION IN INDONESIA Luqyana Agny Anisataqiyya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5848

Abstract

The development of modern biotechnology has introduced the concept of essentially derived variety (EDV) protection. However, its regulation in Indonesia led to ambiguity regarding the protected parties. Both EDV and initial variety breeders/holders perceive a lack of adequate protection, potentially causing economic losses. To analyze the legal gap, this study employs judicial-normative methods by examining Indonesian Positive Law and international instruments and proposing an ideal protection framework. The findings reveal moderate differences between national and international laws. There is a remuneration policy provided by EDV breeders/holders and/or reversed burden of proof mechanism in proving essential characteristics as stipulated in the 1991 UPOV Convention, neither of which are yet regulated under Indonesian legislation. Therefore, legislators must harmonize regulations and the PVP Office should take a more proactive approach to protecting breeders/holders, including the use of local varieties. As a result, the existing concept will be more optimal in ensuring interests of related parties.
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