LAWS OF REPUBLIC OF INDONESIA
NO. 29 OF 2000
ON
PLANT VARIETY PROTECTION
WITH THE BLESSING OF GOD THE ALMIGHTY
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering: - a.
- that the Republic of Indonesia is an agricultural country, whereby a developed, efficient and strong agriculture plays an important role in the national development objectives;
- b.
- that in order to develop a progressive, efficient and strong agriculture, it must be supported by, among others, the ready supply of distinct crops and plants;
- c.
- that germplasm resources which are the main plant materials, must be preserved and optimized as much as possible in the plan to obtain a superior crop or plant without any loss to the parties that are involved in the seedling industries;
- d.
- that in order to further increase the interest and role of an individual or corporate body to conduct cultivation activities in producing new and superior varieties, plant breeders or the Plant Variety Protection rights owner are given certain rights and legal protection;
- e.
- that in accordance with the international convention, plant protection act has to be legalized;
- f.
- that based on the considerations of sub-paragraphs a,b,c,d, and e, it is deemed necessary to establish laws on the protection of plant varieties within the legal constitution.
In view of: - Article 5 Paragraph (1), Article 20 Paragraph (1), and Article 33 of the National Constitution Republic of Indonesia of 1945;
- Law No. 6 of 1989 concerning Patent (Official Gazette of 1989 No. 39, Additional Official Gazette No. 3398) as amended by Law No. 13 of 1997 (Official Gazette of 1997 No. 30, Additional Official Gazette No. 3680);
- Law No. 12 of 1992 concerning Plant Cultivation System (Official Gazette of 1992 No. 46, Additional Official Gazette No. 3478);
- Law No. 5 of 1994 concerning Confirmation of United Nations Convention on Biological Diversity (Official Gazette of 1994 No. 41, Additional Official Gazette No. 3556);
- Law No. 7 of 1994 concerning Confirmation of the Agreement of Establishing the World Trade Organization (Official Gazette of 1994 No. 57, Additional Official Gazette No. 3564);
- Law No. 23 of 1997 concerning the Management of Living Environment (Official Gazette of 1997 No. 68, Additional Official Gazette No. 3699);
- Law No. 41 of 1999 concerning Forestry (Official Gazette 1999 No. 169, Additional Official Gazette No. 3888).
With the joint agreement between
THE HOUSE OF REPRESENTATIVES REPUBLIC OF INDONESIA
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
HEREBY RESOLVE:
To enact:
LAW ON PLANT VARIETY PROTECTION
CHAPTER 1 GENERAL PROVISIONS
Article 1
The terminology used in this Act shall have the following meanings: - Plant Variety Protection, hereinafter abbreviated as PVP, is a specific protection, provided by the country, in this case represented by the Government and implemented by the Plant Variety Protection Office towards the variety of crops and plants produced by plant breeders through agricultural activities.
- Plant Variety Protection Rights are specific rights given by the country to plant breeders and/or Plant Variety Protection rights holder to exercise his given rights or give his consent to any parties or corporate bodies to use it for a specified period of time.
- Plant varieties, hereinafter referred to as varieties, refer to a group of crops/plants from one type or species that is denoted by its shape, growth, leaves, flowers, fruits, seed and its genetic characteristics or genetic combination that can be differentiated from similar types or species by at least one determining attribute and when reproduced do not experience any change.
- Plant breeding is a series of research activities and experiments or the discovery and development of a particular variety, in accordance with, standard methods for the production of new varieties while protecting the purity of the new seed that is produced.
- Plant breeders, hereinafter referred to as breeders, are those who carry out breeding activities.
- The PVP Consultant is a person or legal body which is listed in the Plant Variety Protection Consultant List at the Plant Variety Protection Office.
- Seeds of plants, hereinafter referred to as seeds, are plants and/or sections of which are used to multiply and/or propagate plants.
- The Plant Variety Protection Inspector is an officer appointed by the Minister to conduct substantial inspection and provide recommendation for Plant Protection Variety rights applications.
- The Plant Variety Protection Office is an organizational unit within the department that implements and has the authority in the field of Plant Variety Protection.
- Minister refers to the Minister of Agriculture.
- Department refers to the Department of Agriculture.
- Priority right is the right given to an individual or legal body that submits a Plant Variety Protection rights application in Indonesia after submitting the application for the same plant in another country.
- License is the permission given by the Plant Variety Protection rights holder to a party or another legal body to exercise the full or partial rights of the Plant Variety Protection.
- Compulsory Licence is a licence given by Plant Variety Protection rights holder to the applicant based on decisions made by State Court
- Royalty is compensation with economic value given to the Plant Variety Protection rights holder in the issuance of the license.
- Public Register of Plant Variety Protection is the official register that records all the decisions and activities relating to Plant Variety Protection.
- The Plant Variety Protection Official Bulletin is the official communication medium for any activities relating to Plant Variety Protection and is published periodically by the Plant Variety Protection Office for the benefit of the general public.
CHAPTER II SCOPE OF THE PLANT VARIETY PROTECTION
Part One Plant Varieties That May Be Issued Plant Variety Protection
Article 2 - (1)
- Varieties that may be issued Plant Variety Protection include those plants or species that are new, distinct, uniform and stable and given a denomination.
- (2)
- A variety is deemed as new when at the point of approval of the Plant Variety Protection rights application, the propagation material or the harvested products have not been traded in Indonesia or may have been traded for less than a year, or have been traded overseas for no more than four years for a seasonal plant and six years for annual plant.
- (3)
- A variety is regarded as distinct when it may be differentiated clearly from other varieties which existence is already publicly known at the time of the approval of the Plant Variety Protection rights application.
- (4)
- A variety is deemed as uniform when its main or important features are proven uniform although varied as a result of changes in planting method and environment.
- (5)
- A variety is regarded as stable when its characteristics do not experience any changes after repeated cultivation or when multiplied in large quantities through specific reproduction cycles do not undergo change at the end of each reproduction cycle.
- (6)
- Varieties that may be given Plant Variety Protection should be given a denomination based on the following provisions:
- a.
- The denomination of the variety can still be used despite the expiry of the protection period;
- b.
- The denomination should not cause any confusion about the characteristics of the variety;
- c.
- The denomination is given by the applicant of the Plant Variety Protection rights and is registered at the Plant Variety Protection office;
- d.
- If the denomination is not suitable in relation to sub-paragraph (b), the Plant Variety Protection office has the right to reject the denomination and request for another;
- e.
- If the denomination of the variety has been used for other varieties, the applicant must replace it with another denomination;
- f.
- The denomination of the proposed variety may be submitted as a trademark is in accordance with prevailing laws.
Part Two Plant Varieties That Cannot Be Issued Plant Variety Protection
Article 3
Varieties that cannot be given Plant Variety Protection are those that are used for purposes which conflict with prevailing laws, social order, ethics/morality, religious norms, health and the conservation of the environment.
Part Three Duration of Plant Variety Protection
Article 4 - (1)
- The duration of Plant Variety Protection shall be:
- a.
- 20 (twenty) years for seasonal plants;
- b.
- 25 (twenty-five) years for annual plants.
- (2)
- The duration of Plant Variety Protection referred to in paragraph (1) begins from the date of the issuance of the Plant Variety Protection rights.
- (3)
- An applicant is given temporary protection from the time the Plant Variety Protection Office receives a complete application until the application is approved.
Part Four Owner of Plant Variety Protection
Article 5 - (1)
- A Plant Variety Protection rights owner is a breeder, or any person or legal body or other parties that receive further rights from the previous rights holder.
- (2)
- If a variety is produced based on a contract of employment, the employer is the Plant Variety Protection rights holder, unless it is agreed otherwise by both parties so long as the rights of the plant breeder is not compromised.
- (3)
- If the variety is produced as a result of a commissioned work, the party commissioning the work becomes the Plant Variety Protection rights holder unless it is agreed otherwise by both parties so long as the rights of the plant breeder is not compromised.
Part Five Rights and Responsibilities of Plant Variety Protection Rights Holder
Article 6 - (1)
- A Plant Variety Protection rights holder has the right to use and exercise the rights and give consent to any party or other legal body to use the varieties in the form of seeds and harvested products for the purpose of propagation.
- (2)
- The provision referred to in paragraph (1) also applies to the following:
- a.
- An essentially derived variety that originates from a protected variety or has been registered and given a denomination;
- b.
- A variety that cannot be clearly distinguished from a protected variety as stipulated in Article 2 Paragraph (1);
- c.
- A variety that is produced by repeatedly using a protected variety.
- (3)
- The rights to use a variety as stipulated in Paragraph (1) include the following activities:
- a.
- Production and multiplication of seeds;
- b.
- Preparation for propagation purposes
- c.
- Advertisement;
- d.
- Offering;
- e.
- Selling or trading;
- f.
- Exporting;
- g.
- Importing;
- h.
- Preparation for any of the activities stipulated in sub-paragraphs (a), (b), (c), (d), (e), (f), and (g).
- (4)
- The use of the harvested products for propagation purposes referred to in paragraph (1), which originates from a protected variety, must be with the consent of the Plant Variety Protection rights holder.
- (5)
- The use of the essentially derived variety referred to in paragraph (2), must be with the consent of the Plant Variety Protection rights holder and/or the original owner of the variety provided:
- a.
- the essentially derived variety originates from a variety that has received PVP rights or has been given a denomination according to prevailing regulations and is itself previously an essentially derived variety;
- b.
- the variety basically maintains the essential features of the original variety but may be clearly distinguished from the original variety based on new characteristics that appear as a result of the reproduction process;
- c.
- the essentially derived variety as indicated in sub-paragraphs (a) and (b) can be obtained through natural or induced mutation, somaclonal variation, individual crop selection, backcrossing and transformation from the original variety through genetic engineering.
- (6)
- An original variety that is used to produce an essentially derived variety shall be given a denomination and registered by the Government.
- (7)
- Provisions relating to the naming, registration and the use of the variety as the original variety for an essentially derived variety referred to in paragraph (5) and paragraph (6), as well as the agency that is given the task of implementation, shall be further regulated by the Government.
Article 7 - (1)
- Local varieties owned by the community shall be under the control of the State.
- (2)
- The control of the State referred to in paragraph (1) shall be implemented by the Government.
- (3)
- The Government is responsible for giving a denomination to the local varieties referred to in paragraph (1).
- (4)
- Provisions relating to the denomination of the variety, registration, and the use of local variety referred to in paragraph (1), paragraph (2), and paragraph (3) as well as the agency that is given the implementation task shall be further regulated by the Government.
Article 8 - (1)
- The breeder who produces the varieties referred to in Article 5 Paragraph (2) and Paragraph (3) has the right to a fair compensation in consideration of the economic benefits that may be obtained from the said variety.
- (2)
- The payment referred in paragraph (1) may be disbursed in the following manner:
- a.
- In a specified amount and in one payment;
- b.
- Based on a percentage;
- c.
- A combination of a specified amount, in one payment with a gift or bonus; or
- d.
- a combination of percentage plus a gift or bonus, the value of which is determined by the relevant parties themselves.
- (3)
- The provisions referred to in paragraph (1) shall not affect the rights of the breeders to include his/her name in the Plant Variety Protection rights certificate.
Article 9 - (1)
- The Plant Variety Protection rights holder is responsible for:
- a.
- implementation of his PVP rights in Indonesia;
- b.
- payment of the annual PVP fee;
- c.
- preparation and presentation of sample seeds of the variety that has been given the PVP rights in Indonesia.
- (2)
- The owner is exempted from the responsibility referred to in paragraph (1) subparagraph (a), when the implementation of the said PVP is technically and/or economically not feasible in Indonesia.
- (3)
- The exemption referred to in paragraph (2), may only be agreed by the PVP office once the written application from the PVP rights owner is forwarded together with grounds and evidence provided by an authorized agency.
Part Six Exceptions to Plant Variety Protection Rights
Article 10 - (1)
- It shall not constitute a contravention or violation of the PVP rights when:
- a.
- Part of the harvested crop of a protected variety is used for noncommercial purposes.
- b.
- The protected variety is used for research activities, plant breeding and for constituting new variety.
- c.
- The protected variety is used by the Government in the framework of the policy for the supply of food and medicines without infringing the economic rights of the PVP rights owner.
- (2)
- Provisions for the use of the protected variety by the Government referred to in paragraph (1) sub-paragraph (c) shall be further regulated the Government.
CHAPTER III PLANT VARIETY PROTECTION RIGHTS APPLICATION
Part One General
Article 11 - (1)
- A PVP rights application must be submitted to the PVP office in writing in the Indonesian language with the payment of specific costs as determined by the Minister.
- (2)
- The PVP rights application letter has to include:
- a.
- Date, month and year of the application;
- b.
- Complete name and address of the applicant;
- c.
- Complete name, address, and nationality of the plant breeders and their successor in title;
- d.
- Denomination of the variety;
- e.
- Full description of the variety, including the genealogy traits, morphology characteristics, and other important features;
- f.
- Picture and/or photo of the features mentioned in the description to clearly illustrate the description.
- (3)
- The PVP rights application is submitted by:
- a.
- Any person or legal body, accompanied by a letter of authorization from the applicant, with the name and complete address of the authorized person;
- b.
- the successor in title has to be proven through the proper documentation.
- (4)
- In the case of a transgenic variety, the description shall include details of the variety’s molecular description and genetic stability of the proposed traits, the reproductive system of the original parent, existence of its wild relatives, compound content that can affect the environment and human health and the destruction methods in the event of any deviations; together with a declaration on the safety for human health and the environment from an authorized agency.
- (5)
- The provisions pertaining to the PVP rights application shall be further regulated by the Government.
Article 12 - (1)
- Each PVP rights application may be submitted for only one variety.
- (2)
- A PVP rights application may be submitted by the:
- a.
- Breeder;
- b.
- Any person or legal body that employs or commissions the breeder;
- c.
- Successor in title; or
- d.
- PVP consultant.
- (3)
- A PVP rights application that is submitted by the applicant referred to in paragraph (2) sub-paragraphs (a), (b), or (c) who is not domiciled or has a permanent residence in Indonesia, shall be submitted through a PVP Consultant in Indonesia acting as the authorized agent.
Article 13 - (1)
- The PVP Consultant as referred to in Article12 Paragraph (2) sub-paragraph (d), shall be:
- a.
- Registered at the PVP Office;
- b.
- Safeguard the confidentiality of the variety and the entire PVP rights application document, until the date that the application is announced.
- (2)
- Provisions on the conditions for the registration of a PVP consultant shall be further regulated by the Government.
Article 14 - (1)
- In addition to the terms and conditions of the PVP rights application referred to in Article 11, an application for priority rights shall fulfill the following criteria:
- a.
- Submission within 12 (twelve) months from the receipt of the first submission of a PVP rights application made outside of Indonesia;
- b.
- Accompanied by a copy of the first PVP rights application endorsed by an authorized party in the country in relation to sub-paragraph (a) no later than three months;
- c.
- Supplemented by a certified copy of the documents for the first PVP rights application submitted abroad;
- d.
- Supplemented by a certified copy of the rejection of the application in the event that the PVP rights had been previously rejected
- (2)
- Provisions for the PVP rights application for priority rights shall be further regulated by the Government.
Part Two Acceptance of Plant Variety Protection Rights Application
Article 15 - (1)
- A PVP rights application is deemed to be submitted on the date that the PVP office receives the application letter and all fees referred to in Article 11 paragraph (1) have been duly paid.
- (2)
- The acceptance date of the PVP rights application letter referred to in paragraph
(1) refers to the date the PVP office receives the said application letter and has complied fully with all the conditions stipulated in Article 11 and/or Article 14 paragraph (1).
- (3)
- The date that a PVP rights application letter is accepted is recorded in the PVP Public Register at the PVP office.
Article 16 - (1)
- When any of the conditions are unfulfilled as stipulated in Article 11 and/or Article 14, the PVP office shall inform the applicant to comply within three months from the date that the PVP office sends out the notification letter to the applicant.
- (2)
- Based on grounds agreed by the PVP office, the time period stipulated in paragraph (1) may be further extended to a maximum of three months at the request of the PVP rights applicant.
Article 17
In the event that there are deficiencies as referred to in Article 16 paragraph (1), the acceptance date of the PVP rights application referred to in Article 16 paragraph (2) shall refer to the date when the PVP office finally receives a revised and complete application.
Article 18
If the deficiencies of the application are not corrected within the specified time period provided in Article 16 paragraphs (1) and (2), the PVP office shall inform the applicant in writing that the PVP rights application is deemed withdrawn.
Article 19 - (1)
- When there is more than one PVP rights application received for the same variety with identical traits, only the first and complete application received shall be accepted.
- (2)
- Where there is more than one PVP application as referred to in paragraph (1) submitted simultaneously, the PVP office shall issue a written letter notifying the applicants to hold a negotiation and thereafter decide which is to be submitted. The decision then needs to be made known to the PVP office no later than six months from the date of the said letter is sent from the PVP office.
- (3)
- In the event there is no agreement or decision from the applicants or the negotiation cannot be held or if the decision is not made known to the PVP office within the stipulated time period indicated in paragraph (2), the PVP rights application is rejected and the PVP office shall then inform the applicant in writing accordingly.
- (4)
- When a variety referred to in paragraph (1) relates to a variety that is submitted for priority rights, the date deemed as the acceptance date shall be the date of acceptance when the PVP rights application was first submitted abroad.
Part Three Amendments to Plant Variety Protection Rights Application
Article 20 - (1)
- A PVP rights application may be amended before and during the time of inspection.
- (2)
- Amendments referred to in Paragraph (1) may mean more or less explanation/clarification on the traits of the variety applied.
- (3)
- Amendments in the application as stated in Paragraph (1) are deemed submitted on the date of the re-application.
Part Four Withdrawal of Plant Variety Protection Rights Application
Article 21 - An application for PVP rights may be withdrawn by submitting a written letter to the PVP office.
- Provisions relating to the withdrawal letter shall be further regulated by the Government.
Part Five Prohibitions On Filing of Plant Variety Protection Rights Application and Obligation to Maintain Confidentiality
Article 22
While still bound officially on government duty a year after retirement or non-employment for any reason, the PVP officer or any authorized individual carrying out the task for and on behalf of the PVP office is prohibited from applying or obtaining PVP rights or any rights related to it through any manner except for PVP rights ownership that is obtained as a successor in title.
Article 23
From the date the PVP application letter is received, all staff of the PVP office are obligated to safeguard the confidentiality of the variety and the PVP rights application documents until the date the PVP rights application is announced.
CHAPTER IV INSPECTION
Part One Announcement of Plant Variety Protection Rights Application
Article 24 - (1)
- The PVP office shall make an announcement that a PVP application has fulfilled the provisions of Article 11 and/or Article 14 and has not been withdrawn.
- (2)
- The announcement referred to in paragraph (1) shall be made at the latest:
- a.
- 6 (six) months from the acceptance of a PVP rights application;
- b.
- 12 (twelve) months from the acceptance of PVP rights applications for priority rights.
Article 25 - (1)
- The announcement referred to in Article 24 paragraph (2) is valid for six months and is carried out by:
- a.
- using notification facilities that are convenient and clearly understood by the general public;
- b.
- publication in the PVP Official Bulletin.
- (2)
- The date of the first announcement shall be recorded by the PVP office in the PVP Public Register.
Article 26
The announcement referred to in Article 24 paragraph (2) shall include the following: - a.
- Complete name and address of the PVP rights applicant or the authorized agent;
- b.
- Complete name and address of the breeder;
- c.
- Date of the PVP application submission or the date, number and country where the PVP rights application was first submitted in the case of an application for priority rights;
- d.
- Denomination of the variety;
e. | Description of variety; |
f. | Description | that | includes the information | stipulated | in | Article | 11 |
| paragraph (4) for a transgenic variety. | | | | |
Article 27
The PVP office shall provide a designated space for interested members of the public the opportunity to examine the documents of the PVP rights application that have been announced.
Article 28 - (1)
- During the announcement period, any person or legal body may forward in writing any comments or objections towards the PVP rights application together with the grounds for objection.
- (2)
- In the event that there are comments or objections referred to in paragraph (1), the PVP office shall promptly provide a copy of the said comments or objections to the applicant.
- (3)
- The applicant has the right to file a response and provide further clarification regarding the objections or comments with the PVP office.
- (4)
- The PVP office shall use the comments, objections, response, and clarification referred to in paragraph (1) and paragraph (2) as additional factors in the decision making process of the PVP rights application.
Part Two Inspection
Article 29 - (1)
- An application for a substantive inspection on the PVP rights application shall be submitted to the PVP office in writing together with the fees payable, no later than a month after the announcement period expires.
- (2)
- The fees for the substantive inspection shall be determined by the Minister
Article 30 - (1)
- A substantive inspection is conducted by a PVP Inspector and shall investigate whether variety is new, distinct, uniform and stable.
- (2)
- In conducting the inspection, the PVP office may request for assistance from experts and/or facilities that may be required including information from other institutions from within the country or abroad.
- (3)
- The PVP Inspector and the PVP office referred to in paragraph (1) and paragraph
(2) shall maintain the confidentiality of the variety that is being inspected.
- (4)
- Provisions relating to the manner of inspection, qualification of the PVP Inspector and the PVP office referred to in paragraph (1), paragraph (2) and paragraph (3) shall be further regulated by the Government.
Article 31 - (1)
- The status of the PVP Inspector is regarded as an administrative function that is supported by the Minister based on certain terms and conditions.
- (2)
- The PVP Inspector enjoys administrative aid and support apart from other rights and privileges consistent with the prevailing laws.
Article 32 - (1)
- In the event that an inspection report finds that the information on the variety is ambiguous or incomplete and such information is considered to be important, the PVP office shall inform the applicant in writing accordingly.
- (2)
- The notification of the findings of the inspection shall in a clear and detailed manner set out all matters that were earlier deemed unclear, uncertain or incomplete with a time frame for making corrections and amendments.
- (3)
- In the event that an applicant fails to provide clarification or correct the deficiencies including making corrections or amendments to the application that were made known after the inspection referred to in paragraph (1) and paragraph (2), the PVP office has the right to reject the said application.
Part Three Acceptance or Rejection of a Plant Variety Protection Rights Application
Article 33 - (1)
- The PVP office shall decide whether to accept or reject an application within 24 (twenty-four) months from the date of the substantive inspection referred to in Article 29 paragraph (1).
- (2)
- Should there be a need for an extension of inspection period referred to in paragraph (1), the PVP office shall inform the applicant and state the grounds and explanation for the need of an extension.
Article 34 - (1)
- When an inspection report on a variety that is the subject of a PVP application complies with all the requirements, the PVP office shall officially inform the applicant of the approval of the PVP rights application.
- (2)
- The PVP rights referred to in paragraph (1) is issued in the form of a PVP rights certificate.
- (3)
- A PVP right that is approved is recorded in the PVP Public Register and announced in the PVP Official Bulletin.
- (4)
- The PVP office may provide the public a copy of the PVP document on payment of a fee.
Article 35 - (1)
- In the event that a PVP application and/or the inspection reports by the PVP Inspector show that the application does not meet the requirements as stipulated in Article 2, Article 11 and/or Article 14, the PVP office shall reject the application and duly inform the applicant in writing.
- (2)
- A rejection letter shall clearly state the grounds for rejection and shall be recorded in the PVP Public Register.
- (3)
- The PVP office shall announce the approval or rejection and the basis for the decision to reject a PVP application in the same manner as the announcement of a PVP application is made.
- (4)
- Provisions for the format and content of the approval or rejection of a PVP rights application shall be further regulated by the Government.
Part Four Application For Appeal
Article 36 - (1)
- An application for appeal may be submitted when a PVP rights application is rejected on the grounds and the basis of matters that are substantive as stipulated in Article 2, Article 28 and Article 32.
- (2)
- An appeal shall be submitted in writing by the applicant or an authorized agent to the PVP Appeal Commission together with details of the objections no later than three months from the date that the rejection letter is mailed out with a copy to the PVP office.
- (3)
- Grounds for appeal must not be the reasons for rejection of the PVP rights application.
- (4)
- The PVP Appeal Commission is a specialized body headed by a Head of Department.
- (5)
- The members of the PVP Appeal Commission shall total an odd number of at least three persons and constitute specialists in various fields and a senior PVP Inspector who did not conduct the substantive inspection on the PVP rights application in question.
- (6)
- The head and members of the PVP Appeal Commission shall be appointed and terminated by the Minister.
Article 37
When the period of appeal as stipulated in Article 36 paragraph (2) has lapsed without an application for appeal, an applicant is deemed to have accepted the PVP rights application rejection and the decision shall be recorded in the PVP Public Register.
Article 38 - (1)
- An application for appeal shall be investigated by the PVP Appeal Commission no later than three months from the date an appeal motion is received.
- (2)
- Any decision of the PVP Appeal Commission is final.
- (3)
- In the event that the PVP Appeal Commission grants the appeal, the PVP office shall execute the decision of the Appeal Commission and retract the rejection of the PVP rights application.
- (4)
- When the PVP Appeal Commission rejects an appeal, the PVP office shall promptly inform the applicant of the said rejection.
Article 39
Provisions for the PVP Appeal Commission’s organizational structure, its administrative system, procedure for application and investigation of appeal and its decisions shall be further regulated by the Government.
CHAPTER V TRANSFER OF PLANT VARIETY PROTECTION RIGHTS
Part One Transfer of Plant Variety Protection Rights
Article 40 - (1)
- PVP rights may transfer or be transferred in the following circumstances:
- a.
- succession;
- b.
- grant or bequeath;
- c.
- will;
- d.
- agreement through a notary; or
- e.
- other reasons permissible by law.
- (2)
- A PVP rights transfer referred to in paragraph (1) sub-paragraphs (a), (b), and (c) shall include the relevant PVP documents.
- (3)
- Each PVP rights transfer shall be recorded at the PVP office and noted in the PVP Public Register with the fee payable duly paid, an amount of which shall be determined by the Minister.
- (4)
- Provisions relating to conditions and procedure for transfer of PVP rights shall be further regulated by the Government.
Article 41
A PVP rights transfer does not extinguish the rights of the breeder to add his name and other identification in the PVP rights certificate and his rights to compensation.
Part Two License
Article 42 - (1)
- A PVP rights holder has the right to issue a license to any person or legal body based on a license agreement.
- (2)
- Unless otherwise agreed, a PVP rights holder may decide to exercise his rights or issue a license to a third party.
- (3)
- Unless otherwise agreed, the scope of the license referred to in paragraph (1) includes one or several activities as stipulated in Article 6 paragraph (3), for the period of the duration of the licence and is applicable in the entire Republic of Indonesia.
Article 43 - (1)
- A license agreement shall be recorded at the PVP office and included in the PVP Public Register with the fee payable duly paid, an amount of which shall be determined by the Minister.
- (2)
- In the event that the license agreement is not recorded at the PVP office as stipulated in paragraph (1), the said license will not have any legal implication on third parties.
- (3)
- Provisions for conditions pertaining to the license agreement shall be further regulated by the Government.
Part Three Compulsory Licence
Article 44 -