PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS
The PVP Act protects the following Plant Varieties:
Essentially Derived 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 INDONESIA
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is directed to comply with deficiencies if any found within the prescribed time period, else, application is deemed withdrawn.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
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS
The PVP Act protects New Plant Varieties which are:
Designated by proper denominations
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.