PROSEDUR DAN MEKANISME PERLINDUNGAN HUKUM TERHADAP PENEMUAN VARIETAS TANAMAN BARU MENURUT UNDANG-UNDANG NOMOR 29 TAHUN 2000

KUSWARA, KARTIKA ANGGA and Robijanto, Antonius Suhadi Agus and Novera, Arfianna (2010) PROSEDUR DAN MEKANISME PERLINDUNGAN HUKUM TERHADAP PENEMUAN VARIETAS TANAMAN BARU MENURUT UNDANG-UNDANG NOMOR 29 TAHUN 2000. Undergraduate thesis, Sriwijaya University.

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Abstract

To support plant breeding activities and provide a situation conducive to the development of the national seed industry, then on December 23, 2000 was approved and enacted Law No. 29, 2000 about Plant Variety Protection (PVP Act). Lawmaking is a lot to adopt the International Conventional for the Protection of New Varieties of Plants (hereinafter its called UPOV Convention), which is an intemationaJ regulation which specifically provides protection for new varieties of plants which are established to protect the rights of breeders (breeder's rights). Issues raised in this paper is how the procedure to obtain the protection of plant variety rights according to Law No. 29, 2000 about Plant Variety Protection, as well as legal protection to what got the holders of plant variety rights protection in case of violation of his rights and that Any-thing that may cause termination of legal protection of the rights of Plant Variety Protection. The study used is the type of normative legal research using a descriptive qualitative method. Source material from the library materials (secondary data), that is, legislation, literature books, joumals, reports, Internet archives and other documents. After the material was obtained and then performed a qualitative analysis of materials with non-statistical analysis. Based on the results of research and analysis of materials that could be identified that the procedure to get the rights Plant Variety protection against according to Law number 29, 2000 about Plant Variety Protection is once application submissions must meet the requirements of plant variety protection rights followed by a stage to get plant varieties protection rights of the petition stage, stage announcements, examination stage, and stages of plant variety protection rights. Furthermore, the protection of plant variety rights holder will get legal protection from the provisions of applicable law (Law number 29 year 2000) in terms of both civil and criminal, that is granting the right to claim damages and criminal sanctions to the parties that breach law against their rights. The termination of legal protection of the rights of plant variety protection might be due to expiry of legal protection of plant varieties are given, other than that due to the cancellation of the rights granted plant variety protection, and also due to the revocation of the right of protection of plant varieties that have been given them.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Legal Protection, Varieties of Plants.
Subjects: T Technology > T Technology (General) > T1-995 Technology (General) > T212 Inventors and inventions. How to invent
Divisions: 02-Faculty of Law > 74201-Law (S1)
Depositing User: Mr. Muhammad Irwan
Date Deposited: 24 Nov 2021 03:46
Last Modified: 24 Nov 2021 03:46
URI: http://repository.unsri.ac.id/id/eprint/57051

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