Strengthening the Position of Farmers in the Regime of Plant Variety Protection Laws: A Case of Indonesia

The present-day concept of Intellectual Property Right (IPR) which initially emerged in Europe and North
America was extended world-wide in process of harmonization of international trade rules through World
Trade Organization (WTO). Besides its geographical extension, the concept of IPR has also developed its
domain to include innovation in plant genetic resources, which makes it a highly debated issue particularly
in respect to the developing countries, where agriculture continues to be an important source of livelihood
for majority of people. The Plant Variety Protection (PVP) Act was enacted in Indonesia in response to
Article 27.3(b) of the TRIPS Agreement, which requires Members to provide an effective sui generis law
for the protection of plant varieties if not protected by patents. Few years before, there had been several
cases in Indonesia prosecuting farmers under the issues of plant breeding and intellectual property. A study
was carried out in two villages of Indonesia in order to explore the issues that the farmers have been facing
in relation to Intellectual Property Rights (IPR), particularly the plant breeders’ rights. The qualitative
study involved consultation and discussions with individual farmers, representatives from farmers’
association, activists, local experts in the study site. The study found out change in farmers’ perception of
PVP law and the prevalence of strong mechanisms to protect the plant breeders’ rights, such that the
farmers are frequently under surveillance by the concerned authorities; several farmers have been fined in
the past, and farmers still receive threats of prosecution by the seed companies, which has intensified
unnecessary fear among them disrupting their freedom to breed and exchange seeds freely. This paper
presents the major findings of the study and pinpoints the legal notions of current based Indonesian law
which hinders farmers ability to exchange and breed seeds. Building upon the analysis, the paper suggests
that some modifications in the prevalent law can secure the position of farmers to breed and exchange
seeds.