PERLINDUNGAN HUKUM TERHADAP HAK PEMULIA TANAMAN ATAS PRODUK TANAMAN HIBRIDA SEBAGAI BAGIAN DARI HAK KEBENDAAN
Abstract: The law protection
towards plant breeder upon plant hybird product aims to shove the spirit and
creativity in plant breeder field, with the result that the society needs of
high yielding variety can be fulfilled. IPR related to the right of goods which
its proprietary can be shifted. IPR as the incorporeal moving things which
immaterially or intangible refers that this right of goods gives pleasure or
can be a guarantee, either in a pawning regulates in Civil Law book or
fiduciary regulates in Law Number 42 Year 1999 concerning Fiduciary Security. According
to Law Number 29 Year 2000 concerning The Law Varity Protection, there are 3
(three) form of law protection that can be achieved by the plant hybrid
breeder. First, the temporary law protection is given until the right has given
since the plea submission is completed and accepted by the Head Office of Plant
Variety Protection. Second, if the inquiry result of that variety is
appropriate to the law regulation, the right would be given through the
approval of the Plant Variety Protection conferral. It is given in the form of
certificate. Third, having the certificate of Plant Variety Protection right
shows that the protection of plant variety includes in Intellectual Property
Right. IPR is incorporeal moving things related to the property rights adhered
to its proprietor. The consequence is the proprietor of the plant variety
protection has the right to make use of the production of its plants or to give
an agreement to other party or corporation to make use of it. The research
result also shows that the obstacle in the implementation of the plant breeder
protection comprises normative, political, economical, and psychological
obstacles. IPR as incorporeal moving things contain substantive characteristic
which can be in care of material guarantee. Therefore, the material guarantee can
be in care of IPR is fiduciary guarantee and pawning.
Kata Kunci: perlindungan
hukum, hak pemulia tanaman, tanaman hibrida, hak kebendaan
Penulis: Hariyanto
Kode Jurnal: jphukumdd080087
