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.
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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