KULIAH HAK KEKAYAAN INTELEKTUAL PERLINDUNGAN VARIETAS TANAMAN Part 3

Summary

This video explains the process of obtaining Intellectual Property (IP) protection for plant varieties in Indonesia. It outlines the procedural steps from document submission, verification, and announcement, to the substantive examination and potential appeals. Examples of protected plant varieties, such as corn, citrus, and local species like Pandanwangi coconut, are discussed. The video also covers licensing rights, the transfer of intellectual property, and the conditions under which protection may expire or be canceled. It serves as a comprehensive guide for understanding plant variety protection under Indonesian law.

Takeaways

• 😀 The procedure for applying for plant variety protection (PVT) begins with submitting required documents at the designated office.
• 😀 📜 After submission, the documents undergo verification to ensure they are complete and accurate.
• 😀 📢 A public announcement is made to allow for objections or feedback on the application. If necessary, the applicant can resubmit.
• 😀 🔬 The application then goes through a substantive examination to assess whether the variety is distinct, uniform, and stable.
• 😀 ⚖️ The variety is reviewed by a committee before a final decision is made on whether to grant the protection.
• 😀 🎓 If the application is approved, the applicant receives a PVT certificate, granting legal protection for the variety.
• 😀 ⛔ If the application is rejected, the applicant can appeal or resubmit after addressing the reasons for rejection.
• 😀 🌽 Specific examples of protected plant varieties include Bima 18 corn, known for its unique characteristics like ear shape and kernel color.
• 😀 🍍 Durian Kunyit is another example, a small-sized durian from Bali with a distinct seed structure and round shape.
• 😀 🥥 The Kelapa Pandanwangi coconut, native to Kalimantan, is recognized for its unique aroma and local importance.
• 😀 💼 Plant variety protection rights can be transferred through inheritance, gift, or formal agreements documented in notarized contracts.
• 😀 📑 The holder of PVT rights can grant licenses to others, allowing them to use the protected variety, with formal licensing agreements required.

Q & A

What is the primary focus of the script?

The script focuses on the procedure for obtaining protection for plant varieties (HPBB) in Indonesia, detailing the steps involved, examples of protected plant varieties, and rights associated with plant variety protection.

What are the main stages in the HPBB application process?

The main stages of the HPBB process include: 1) Document reception, 2) Verification of documents, 3) Public announcement, 4) Substantive examination (to check uniqueness, uniformity, and stability), 5) Board hearing, and 6) Certification or rejection.

What is the significance of the 'Substantive Examination' in the HPBB process?

The Substantive Examination determines whether the plant variety meets the requirements for protection, such as being unique, uniform, and stable. It is a crucial step in assessing the plant’s eligibility for protection under the HPBB system.

What happens if a plant variety application is rejected?

If a plant variety application is rejected, the applicant may appeal the decision to the appeals commission or reapply with the necessary amendments or additional information.

Can the protection of plant varieties be transferred?

Yes, plant variety protection rights can be transferred through inheritance, gifts, or legal agreements, which must be formalized with a notarial deed.

What are the types of plant variety protection licenses mentioned in the script?

The script mentions that plant variety protection licenses can be granted to others under a formal written agreement. The license must be registered with the HPBB office, and a fee of 1,000,000 IDR must be paid for the license to be recorded.

What is the duration of plant variety protection (HPBB)?

The protection period for plant varieties under HPBB ends when the designated term expires. It can also end if the protection is canceled or revoked due to legal reasons.

Can a person or entity receive royalties for a licensed plant variety?

Yes, the holder of a protected plant variety can receive royalties or compensation from entities or individuals who are licensed to use the protected variety.

What are some examples of plant varieties mentioned in the script?

Examples of plant varieties mentioned in the script include Bima 18, Bima 3, and Bima 17 corn varieties, Durian Kunyit from Bali, Kelapa Pandanwangi coconut from Kalimantan, and various other agricultural crops like sweet potato, rice, and chili.

How can the public interact with the authorities regarding plant variety protection?

The public can interact with the authorities by sending inquiries via email or leaving comments on public forums. The script encourages viewers to reach out if they have further questions about plant variety protection.