Justice Aspects on the Rights to Protection of Plant Varieties

Plant variety protection, abbreviated as PVP, is special protection granted by the state, which in this case is represented by the Government, and the Office of Plant Variety Protection carries out its implementation for plant varieties produced by plant breeders through plant breeder activities. Law no.29 of 2000 concerning the Protection of Plant Varieties guarantees that Intellectual Property Rights (IPR) are granted to breeders or anyone who claims to have discovered or developed new plant varieties. Several problems occurred when many Indonesians did not know about the existence of the PVP Law, so violations were rife, including cases of resale of food seeds which should not be allowed. The company was harmed in this case because the turnover would decrease, and there was no legal protection for the rights of plant breeders who had already registered. It is necessary to look at the legal protection aspects of PVP rights violations in Law No.29 of 2000, as well as an analysis of the justice aspects of cases of PVP rights violations. The research method used in this paper is normative juridical. The result of the analysis of this case is that the violation of PVP rights occurs because the community does not know that the activity of intentionally selling or trading plant varieties without the approval of the PVP rights holder is against the law and can be punished. From the case that occurred, the legal considerations carried out by the judge only looked at the aspects that were fulfilled in the article on violation of PVP rights so that the violator was sentenced to imprisonment, but from the aspect of legal justice and humanity, it was not fulfilled because the person concerned should be able to get leniency.