Kamis, 26 Desember 2013

PLANT VARIETY PROTECTION


According to Article 1, paragraph 1 of Law No. 29 of 2000 on the Protection of Plant Varieties, plant variety protection (PVP) is a special protection granted by the state, which in this case is represented by the Government, and the implementation is done by the Plant Variety Protection Office, the varieties of plants produced by plant breeders through plant breeding.
Protection of plant varieties specifically stipulated in Law No. 29 of 2000 on the Protection of Plant Variety hereinafter referred UUPVT. In contrast to other areas of intellectual property rights which are under the Ministry of Justice and Human Rights, Plant Variety Protection under the Ministry of Agriculture.
The requirements to be met by breeders to obtain rights to new plant varieties, according to Article 6 of the Convention UPOV 1961 and 178 require the same thing, namely:
1.    The new varieties have to have different properties to the existing crop varieties.
2.    The new varieties should be homogeneous or similar processes related to sexual breeding or breeding vegetatively.
3.    The new varieties have properties that remain on pembiakannya repetition.
Here are some articles in the UPOV 1991 which explains the requirements of the protection of plant varieties:
1.    Requirements to obtain protection, new plant varieties be new, distinct, uniform, and is still (Article 5).
2.    A variety is considered new if on the date of receipt of the petition rights, tanamn crop varieties has not been traded or given to another person with knowledge of the breeders of less than one year in state breeders or four years in another member state (Article 6).A variety is considered distinct if it can actually be distinguished from other varieties of pre-existing understanding by the public at the time of the filing of the petition (Article 7). Different sense in this case can be equated with the notion of novelty in the patent.
3.    Uniformity requirements, a uniform crop varieties can be said, if the variation produced relatively similar in nature (Article 8).
4.    The existence of a fixed nature, the acknowledged varieties have stable properties, if the existing properties on the varieties did not change after going through the process of breeding (Article 9).
Plant variety protection requirements are also mentioned in Article 2 UUPVT who explains that the PVP protection requirements include terms of material and formal requirements.
Material terms that must be met to varieties that will be filed to obtain protection of PVP , namely the variety must be new , distinct, uniform and stable as according to Article 2 of Law No. 2-5. 29 Year 2000 on PVP . Next to the formal requirements of PVP protection is to be given a name. In principle varieties of naming is intended to provide the identity of the characteristics present in these varieties and varieties will be attached as long as it's still there . Terms planting varieties set in Article 2, paragraph 6 UUPVT . PVP is a breeder rights holder or person or legal entity , or other party receives more than PVP PVP previous rights holder . If a variety is produced by labor , then the party that gives the holder the right job it is PVP , unless otherwise agreed between both parties without prejudice to the right breeder . If a variety is produced by order , then the party who gave the order that the holder of PVP , unless otherwise agreed between both parties without prejudice to the right breeder.
The law gives special rights to holders of PVP . The rights listed in Article 6 , namely:
1 . The right to use varieties that include :
a.    Produce or reproduce seeds
b.    Preparing for the purpose of propagation (multiplication)
c.    Advertise
d.   Offer
e.    Sell ​​or trade
f.     Export
g.    Import
h.    Backing for the purposes referred to in points a, b , c , d , e , f and g .
2.    The right to consent to any person or other legal entity to use a variety of seeds and crops that are used for propagation.
PVP protection is specific , unlike other industrial property rights . PVP protection grant privileges to farmers . It is set in the chapter “exclusion offense” (Article 10) which explains:
a.    The use of some of the crops from the protected variety , as long as not for commercial purposes.
b.    The use of protected varieties for research , plant breeding and new varieties.
c.    The use by government on protected varieties in order policies of food and medicine by taking into account the economic rights of the holders of PVP.
In addition there are also owned rights obligations to be performed by the holder of PVP , namely:
1.    Implement its PVP in Indonesia
2.    Pay an annual fee of PVP
3.    Provide and show examples of seed varieties that have earned the right PVP in Indonesia .
PVP rights application filed with the Office of PVP in writing in Indonesian which includes:
1.    Date, month, and year of application;
2.    The name and complete address of the applicant.
3.    Name, full address , and citizenship breeders , as well as the name of the designated heir ;
4.    Name of varieties;
5.    Description varieties include the origin or pedigree, morphological characteristics, and other important properties. Morphological characteristics among other plant traits apparent in the form of shapes, sizes, and colors of the parts of plants, as well as
6.    Images and / or photos that are mentioned in the description , which is needed to clarify the description.
If the PVP rights application filed by a person or legal entity as the authorized applicant, it must be accompanied by special letter with the name and full address rightful power. However, if the PVP rights application filed by the heirs , it must be accompanied by proof documents heirs.
Each PVP rights application may be filed for one variety . PVP rights application can be submitted by the breeder , the person or legal entity that employs or breeders who ordered varieties from breeders, heirs, or consultant PVP. PVP rights application with priority right must meet the following requirements :
1.    Filed within 12 months from the date of receipt of application for the first time PVP outside Indonesia;
2.    Equipped valid documents PVP rights application first overseas;and
3.    Equipped with a copy of the rejection of PVP , the PVP if ever rejected .
When being applied are transgenic varieties, then the description should also include a description of the relevant molecular explanation varieties and genetic stability of the proposed nature, the parent of the reproductive system, the presence of wild relatives, contains compounds that can interfere with the environment, and human health as well as how their destruction if terjad deviation; accompanied by an affidavit safe for the environment and human health from the competent authority . Transgenic varieties are varieties produced through genetic engineering techniques.
PVP rights application is considered filed on the date of receipt of a written request by the Office PVP where the petition has met the requirements in full . If it turns out there is a shortage of compliance requirements, PVP office requested that the shortfall be met within 3 months from the date of the deficiency letter requesting compliance by the PVP office. Duration can be extended for a maximum of 3 months at the request of the applicant PVP . In this case, the date of receipt of the request PVP is the last date of receipt of complete fulfillment by the Office of PVP . If the lack of completeness can not be met, then the PVP office shall notify the applicant that the PVP PVP rights application is deemed withdrawn. If for one variety with the same properties turns over sati petition filed PVP, only a complete application has been filed in advance is acceptable. If the PVP rights application filed at the same time, the PVP office with a letter to the applicant requesting to negotiate to decide which application is filed and the decision to submit the results of the PVP Office not later than 6 months from the date of dispatch of the letter. If no agreement is reached or the negotiation results are not submitted to the office of PVP, the PVP rights application was rejected and PVP notify the office in writing.
When presented with a variety of priority rights, it is considered as the filing date is the date of receipt of PVP rights application was first filed abroad. PVP rights application can be changed before and during the inspection period. Letters PVP rights application may be withdrawn by submitting a written application to the PVP office.

Khoirul Hidayah. Hukum HKI (Hak Kekayaan Intelektual) di Indonesia. 2013. Malang: UIN-Maliki Press.
Much.Nurrachmad. Segala tentang HAKI di Indonesia. 2012. Jogjakarta.

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