URGENSI RATIFIKASI INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS TAHUN 1991 DALAM UPAYA MEMBERI PERLINDUNGAN VARIETAS TANAMAN DI INDONESIA

Abstract

ABSTRACT: Protection of plant varieties is the special protection provided by the state for plant varieties produced by plant breeders through plant breeding activities. Protection of plant varieties in Indonesia has been regulated in Law Number 29 of 2000 concerning Plant Variety Protection (PVP Law). But before that the protection of plant varieties was regulated in the Patent Law (UUP). The formation of this PVP law is inseparable from the implementation of international obligations that must be carried out by Indonesia, namely the United NationsConvention on Biological Diversity, International Convention for the Protection of New Varietas of Plants, and World Trade Organization/Trade Related Aspects of Intellectual Property rights (GATT/TRIPs). Which, among other things, requires member countries to implement regulations in the field of Intellectual Property Rights (IPR). What is meant by variety according to the UPOV Convention 1991 is a group of plants that can be defined by characteristics expressed from genotypes and can be distinguished from the same botanical taxonomy at least one visible characteristic. This means that even though they come from the same type, protected plant varieties must still have different physical characteristics, because different physical characteristics are expressions of different genotypic characters. Plant varieties have different types, including; Food and secondary crops, Horticultural Plants, Plantation Plants. In addition to ordinary plant varieties, transgenic varieties are also known, in the application for said variety the description must also include a description of the molecular explanation of the variety in question and the genetic stability of the proposed traits, the reproductive system of the parents, the presence of wild relatives, the content of compounds that may disturb the environment, and human health as well as the method of destroying it if deviations occur, and must also be accompanied by a statement letter of safety for the environment and human health from the competent authority. What is meant by transgenic varieties are varieties produced through genetic engineering techniques.

Keywords: Plant Variety, UPOV, PVP, and International Agreements