Disclosure of Origin of Plant Genetic Resources: Challenges for Supporting Food Security in Indonesia

• Main Author: Mas Rahmah
• Format: Article PeerReviewed
• Language: English; Indonesian; English; English
• Published: Universitas Serawak Malaysia 2020
• Subjects: K Law; K1100-1109 Secured transactions
• Online Access: http://repository.unair.ac.id/98869/1/3%20Disclosure%20of%20Origin%20of%20Plant%20Genetic%20Resources%20%20Challenges....pdf; http://repository.unair.ac.id/98869/2/3%20PG%20kadep.pdf; http://repository.unair.ac.id/98869/6/3t%20DISCLOSURE%20OF%20ORIGIN%20OF%20PLANT%20GENETIC%20RESOURCES_%20CHALLENGES%20FOR%20SUPPORTING%20FOOD%20SECURITY%20IN%20INDONESIA.pdf; http://repository.unair.ac.id/98869/8/Disclosure%20of%20origin%20of%20plant%20genetic%20resources.pdf; http://repository.unair.ac.id/98869/; http://www.ijbs.unimas.my/images/repository/pdf/Vol21-S1-paper7.pdf
• Institution: Universitas Airlangga

Protecting plant genetic resources is crucial because they are a key element in supporting food security for Indonesia’s growing population. An important element in the protection of plant genetic resources is the disclosure of origin of genetic resources. In line with international standards and commitments, Indonesia has enacted a Patents Act that seeks to protect its plant genetic resources by requiring disclosure of origin. However it is one thing to enact legislation and quite a different thing to effectively implement the legislation to achieve its aims. This paper critically analyses the Indonesian Patent Act and highlights some key issues that undermine the effectiveness of the Act. The paper identifies the problems of implementing provisions of the Act at the normative and practical levels. At the normative, the Act lacks clarity with concepts undefined. This is compounded at the practical level by a lack of a regulatory framework and inadequate human resources. The paper suggests that given the importance of disclosure of origin in protecting plant genetic resources for Indonesia’s food security, developing further legislative and institutional framework on disclosure of origin is an essential strategic solution for the country.