New Plant Varieties
– Law No. 29 of 2000 on Plant Variety Protection, effective since December 20, 2000.
– Government Regulation No. 14 of 2004 on the Requirements and Procedure of the Transfer of Protection of Plant Variety and the Use of Variety Protected by the Government.
– Government Regulation No. 13 of 2004 on the Naming, Registration and Use of Original Variety in the Making of Essential Hereditary Variety.
Membership in International Conventions
– WTO's TRIPS Agreement, by virtue of Law No. 7 of 1994.
– United Nations Convention on Biological Diversity, by virtue of Law No. 5 of 1994.
Applicant: genetic engineer in plant, corporation/legal entity or other party who receives the right from the previous right holder.
Foreigners: appointing a resident agent is compulsory. However, according to Law No. 29 of 2000 concerning Plant Variety Protection, which is supported by Ministerial Decree No. 446/Kpts/HK.310/7/2004 regarding the Requirement and Procedures for the Registration of Plant Variety Protection Consultant, plant variety protection consultants bear an important role in part because foreign-based applicant(s) must appoint an Indonesian consultant as official representative to deal with the PPVT. Moreover, plant variety protection consultants are highly expected to assist any applicant, either local or foreign, in filing their application particularly in administrative and legal aspects thereof.
Application: an application may only be filed for one plant variety.
Definition: plant variety (referred to as variety) means a group of plants from one type or species which are in the form of plants, growing plants, leaves, flowers, fruits, seeds and genotype characteristic expressions or genotype combinations which are differentiated from the same type or species by at least one determinate nature and are stable when reproduced.
Condition of protection: varieties of plant species, which are new, unique, uniform, stable and have a given name.
Novelty: any variety shall be deemed new if on the receiving of the application for plant variety protection rights, the reproductive material or harvest from such variety has not yet been used for commercial purposes in Indonesia or has been commercialized less than one year, or has been commercialized abroad for not more than four years for seasonal plants and six years for annual plants.
Distinctiveness: the variety shall be deemed to be unique, if such variety is clearly distinguishable from another variety whose existence is a matter of common knowledge at the time of filing the application.
Uniformity: the variety shall be deemed uniform if the prime or important characteristic of such variety is approved to be uniform although it varies as to effect of various ways of planting and environmental conditions.
Stability: the variety shall be deemed to be stable if the characteristics of such variety remain unchanged after repeated propagation in the case of the particular cycle of propagation, and are unchanging at the end of each such cycle.
Denomination: varieties shall be given a name that further will become the name of such variety with certain conditions: (a) the name of the variety shall be used continuously although the term of condition has expired; (b) the giving of a name shall not cause any confusion to the characteristic of such variety; (c) the naming of variety is conducted by the applicant and registered at the Plant Variety Protection (PVP) Office (a unit organization under the Department of Agriculture); (d) if the naming of the variety is inappropriate with point (b), the Office has the right to refuse such name and ask for a new name; (e) if the name of the variety has been used by another variety, then the applicant is obliged to change such name; (f) the name of the variety which has been filed could also be filed as a trademark according to prevailing laws and regulations.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. The application shall contain: the day, month, and year of application; the name and the complete address of the applicant; the name, complete address, and nationality of the genetic engineer and also the name of the inheritor who is appointed; the name of the varieties; varieties description which covers the origin of said variety, morphology identities and other important characteristics; drawing and/or photograph that is mentioned in the description which is needed to clarify the description;
3. In the event that the application for plant variety protection rights is submitted by: (a) a person or legal entity as the proxy of the applicant, a special power of attorney stating the complete name and address of the authorized party, must be attached to the application; (b) an inheritor, the application shall be furnished with evidence of the inheritance documents. In the matter of trans-genetic varieties, the description must also include an explanation concerning the clarification of the relevant molecular varieties and genetical stability of the proposed characteristics, the reproduction system of the mature plant, the existence of relatives in the wild, chemical compounds that could disturb the environment and human health, along with ways to destroy it if deviation occurs, accompanied by a statement from an authorized institution that it is safe for the environment and human health.
Publication: within a period of six months from the filing date, or twelve months for priority application.
Objection: any interested party may file an opposition during the publication period.
Rebuttal: the applicant has the right to file a written rebuttal.
Examination: formal and substantive examinations.
Decision: documents, opposition and rebuttal are considered by the PVP Office in the substantive examination stage. The PVP Office takes a decision within a period of twenty-four months from the date of expiry of the substantive examination stage.
Grant of right: if the application is in accordance with the provisions of the Plant Variety Protection Law, the PVP Office issues and grants a Certificate of PVP right.
Appeal: can be filed against the rejection of the application to the PVP Appeal Commission Board at the latest of three months commencing from the date of forwarding the rejection of PVP right with copy to the PVP Office. The decision of the PVP Appeal Commission Board is final.
Duration: (a) twenty years for seasonal plants; (b) twenty-five years for annual plants.
Beginning of protection: as of the granting date. With the condition that the application is received completely by the PVP Office, the applicant is given temporary protection from the filing date of the application up until the granting date.