Kamis, Juli 22, 2021

New Procedure for Applications for Plant Variety Protection Rights

In an effort to offer greater protection for different varieties of plants, the Minister of Agriculture ("Minister") has issued Regulation No. 25 of 2021 on Applications for Plant Variety Protection Rights ("Regulation"). Through the issuance of the Regulation, the previous legal framework to address applications for plant variety protection rights, specifically Regulation of the Minister No. 121/Permentan/OT.140/11/2013 ("Regulation 121/2013"), has now been replaced and repealed.
Applications for plant variety protection rights should be submitted electronically by the relevant applicants (e.g. breeders, employers of breeders, plant variety consultants, etc.) via the Electronic Agricultural Licensing Service Management Information System (Sistem Informasi Manajemen Pelayanan Perizinan Pertanian secara Elektronik – "SIMPEL") after the relevant access rights have first been secured. The submission of applications via the SIMPEL can be completed through the following website: http://simpel.pertanian.go.id, while any documents that are required to be included with applications should be submitted in either PDF, JPEG or PNG formats. Submissions of applications via the SIMPEL were not addressed under the previous framework of Regulation 121/2013.
Meanwhile, the overall procedure set out under the Regulation for the filing of appeals in relation to plant variety protection rights can be summarized as follows: 1) Submission of appeal application; 2) Initial inspection by the Plant Variety Appeal Commission Secretariat; 3) Appeal trial; 4) Handing down of decision (keputusan). It should be noted that an appeal application can be withdrawn provided that the Plant Variety Appeal Committee has yet to decide on the relevant appeal.
The Regulation has been in force since 17 June 2021.

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*Syarat dan ketentuan berlaku

In an effort to offer greater protection for different varieties of plants, the Minister of Agriculture ("Minister") has issued Regulation No. 25 of 2021 on Applications for Plant Variety Protection Rights ("Regulation"). Through the issuance of the Regulation, the previous legal framework to address applications for plant variety protection rights, specifically Regulation of the Minister No. 121/Permentan/OT.140/11/2013 ("Regulation 121/2013"), has now been replaced and repealed.
Applications for plant variety protection rights should be submitted electronically by the relevant applicants (e.g. breeders, employers of breeders, plant variety consultants, etc.) via the Electronic Agricultural Licensing Service Management Information System (Sistem Informasi Manajemen Pelayanan Perizinan Pertanian secara Elektronik – "SIMPEL") after the relevant access rights have first been secured. The submission of applications via the SIMPEL can be completed through the following website: http://simpel.pertanian.go.id, while any documents that are required to be included with applications should be submitted in either PDF, JPEG or PNG formats. Submissions of applications via the SIMPEL were not addressed under the previous framework of Regulation 121/2013.
Meanwhile, the overall procedure set out under the Regulation for the filing of appeals in relation to plant variety protection rights can be summarized as follows: 1) Submission of appeal application; 2) Initial inspection by the Plant Variety Appeal Commission Secretariat; 3) Appeal trial; 4) Handing down of decision (keputusan). It should be noted that an appeal application can be withdrawn provided that the Plant Variety Appeal Committee has yet to decide on the relevant appeal.
The Regulation has been in force since 17 June 2021.

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