COUNTRY : REPUBLIC OF INDONESIA
CAPITAL : JAKARTA
LANGUAGE : INDONESIAN
INTERNATIONAL TREATIES TO WHICH INDONESIA IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Indonesia are protected by:
Plant Variety Protection – Law No. 29 / 2000 – PVP Act
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PVP Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVP Act protects the following Plant Varieties:
- Essentially Derived Varieties
- Transgenic Varieties
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVP Act does not protect new varieties if the denomination given to such variety which:
- Conflicts with prevailing laws
- Social order, ethics, morality, religious norms
- Health and environment protectionParityPatents Law Firms through its Attorney and Law Firms in Indonesia is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Persons claiming to be Breeders
- Successors in title
- Plant Variety Protection consultants
- Persons or legal bodies commissioning the breeder
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PVP to contain the following requisites:
- Name, address, nationality of the plant breeder, successor in title
- Denomination of the variety
- Complete description of the variety including genealogy traits, morphology characteristics, other important features
- Pictures along with photos of the features mentioned in the description clearly illustrating the description
- Priority details if any
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites. The applicant is directed to comply with deficiencies if any found within the prescribed time period, else, application is deemed withdrawn.
- Upon application being compliant, it is published.
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration.
- Applicant to file an application for substantive examination along with applicable fees.
- Post substantive examination, the authorities to accept the plant variety protection application and grant registration and protection
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration:
- 25 years from the date of grant of registration – for annual plants.
- 20 years from the date of grant of registration – for seasonal plants.
Owners of the registered plant variety may:
- Conduct production and propagation of the plant variety
- Process the plant variety for the purposes of propagation
- Advertise the plant variety for sale
- Sell, Market and Trade the plant variety
- Export and Import the plant variety
- Stock the plant variety to carry out all of the above acts
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses in the following circumstances:
- The registered plant variety is not being exercised in Indonesia
- The registered plant variety is being exercised in a way that has not benefitted public interests
- The applicant for compulsory license is unable to obtain licenses from the PVP right holder
- Compulsory license to be used to meet the needs of the local marketParityPatents along with specialised Patent Lawyers and Patent Attorneys in Indonesia, can assist you comprehensively with PBR Compulsory Licence matters.