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Government Regulation No. 14 Of 2004

Original Language Title: Peraturan Pemerintah Nomor 14 Tahun 2004

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 31, 2004 KESRA. FARMING. PLANTS. Plant variety. Plant variety protection. PVT diversion. Central Government. The Local Government (An explanation in the Additional Gazette of the Republic of Indonesia Number 4376)

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 14 YEAR 2004
ABOUT
TERMS AND CONDITIONS OF THE PROTECTION DIVERSION
PLANT VARIETIES AND VARIETY USE
THE PROTECTED BY THE GOVERNMENT

President of the Republic of Indonesia

.,,, weighed: that to carry out the provisions of Article 10 paragraph (2), Article 40 paragraph (4), Section 43 of the paragraph (3) and Article 55 of the Law Number 29 Year 2000 on the Protection of Plant Varieties, is seen as necessary to establish the Government Regulation (s). about the Terms and Conditions of Diversion Of Plant Varieties Protection and Use of Varieties Protected By The Government;

.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2. Law No. 29 of 2000 on the Protection of Varieties Of Plants (State Sheet 2000 Number 241, Additional Leaf Country Number 4043);

Decided:

.,, Setting: GOVERNMENT REGULATIONS ON THE TERMS AND CONDITIONS OF THE DIVERSION OF THE DIVERSION OF PLANT VARIETIES AND THE USE OF VARIETIES PROTECTED BY THE GOVERNMENT.

BAB I
UMUM PROVISIONS

Section 1
In this Government Regulation referred to by:
., 1. The subsequent protection of the plant varieties (PVT) is a special protection given by the state, which in this case is represented by the Government and its implementation is conducted by the Office of the PVT, against the variety of plants produced by the United States. Plant bleaching through the breeding activities of plants.
., 2. Crop variety protection rights that are next to the rights of the PVT, are special rights granted the country to the bleaching and/or holder of the PVT to use its own variety of bleaching results or give consent to the person or body other laws to use it during certain times.
., 3. Plant varieties that are next called Varietas, are a group of plants of a type or species characterized by plant forms, plant growth, leaves, flowers, fruit, seeds, and genotype characteristic expression or a combination of genotypes that can distinguish from the same type or species by at least one defining trait and if more does not have a change.
., 4. A license is a license granted by the PVT holder to another person or legal entity to use all or part of the PVT rights.
. .5. Mandatory license is a license granted by the PVT holder to the applicant based on the decision of the State Court.
., 6. The seed of the plant, which is called the Seed, is the plant or part used to multiply and/or plant the plants.
., 7. The Minister is the Minister of Agriculture.
., 8. Day is work day.

BAB II
PVT RIGHTS DIVERSION

The Kesatu section
Common

Section 2
.,, (1) The rights of the PVT may switch or be diverted due to:
., a., a. legacy;
B. grant;
C. Will;
D. agreement in the form of a notary deed; or
e. For another is justified by law.
., (2) The terms of the transfer of the rights of the PVT as referred to in paragraph (1) are conducted according to the applicable law for each subject of the law concerned.
Section 3
The rights of the PVT who are switched or transferred as referred to in Article 2 of the paragraph (1) are required to be logged in the PVT Office.

Second Part
PVT's Terms of Redirect

Section 4
The transfer of the PVT due to inheritance, grant, will, agreement in the form of a notarized deed or other cause is justified by the law as part of Article 2 of the paragraph (1) must be eligible to have paid the annual fee of the PVT for the year. which is running.

Third Part
Set The PVT Right To Legacy Because Of The Legacy

Section 5
.,, (1) In the case of the rights of the PVT rights holder of the world, the heir to the holder of the PVT applied to the PVT Office regarding the registration of the transfer of the PVT to the heir, by filling the PVT rights transfer request form and attaching it:
., a., a. the certificate of the PVT rights is concerned;
B. letter of death of the PVT rights holder;
c. Sign of evidence as an heir;
., d. the deed of appointment to one of the heirs in terms of the heir more than one person;
., e. a special power letter, in terms of a plea filed through the power;
f. Proof of payment fee for a PVT authorization record.
.,, (2) In the most prolonged period of 30 (thirty) days since the terms of the requirements referred to in paragraph (1), the PVT Office records the diversion of the PVT due to inheritance on the General List of PVT and on the PVT rights certificate which It is in question and announcing it in the Official PVT news and telling him to the heir.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate which has been made a record of the transfer of the rights of the PVT to an heir.
.,, (4) If the requirement as referred to in paragraph (1) has not been met, then in the longest 30 (thirty) days of the receipt, the PVT Office notifies the applicant to supplement the requirements of the IBM International Economic Service ("IBM"). referred to the longest 3 (three) months since the date of the notification of the PVT Office.
.,, (5) If in the timeframe as referred to in paragraph (4) the applicant does not complete the requirement, then the registration request of the PVT rights as the inheritance is deemed to be withdrawn.

Section 6
., (1) In the event of an heir not willing to be the holder of the PVT, then the heir may assign the PVT to the person or other legal entity who is willing to accept it or declare the release of the PVT and inform it of the rights of the PVT. PVT's office.
.,, (2) In terms of heirs declaring the release of the PVT rights as referred to in paragraph (1), then the right becomes public property.
Section 7
The annual fee on the rights of the PVT is charged to the heir or to the other party receiving the transfer of the PVT rights.

Fourth Part
Set The PVT Diversion Way Because Of The Grant

Section 8
PVT rights holders can decorate its PVT rights to people or other legal bodies.

Section 9
.,, (1) The grant recipients apply for a PVT transfer record request to the PVT Office by filling the PVT rights transfer application form and attaching it:
., a., a. copy of the grant deed;
B. the certificate of the PVT rights is concerned;
c. special power mail, in terms of application submitted through power; and
D. Proof of payment fee for a PVT authorization record.
.,, (2) In the most prolonged period of 30 (thirty) days since the terms of the requirements referred to in paragraph (1), the PVT Office records the transfer of the PVT rights due to the grant in the General List of PVT and on the PVT rights certificate which Pertinated in the Official PVT News and told the recipient of the grant.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate which has been made a record of the transfer of the rights of the PVT to the recipient of the grant.
.,, (4) If the requirement as referred to in paragraph (1) has not been fulfilled then in the most prolonged period of 30 (thirty) days since the receipt, the PVT Office notifies the applicant to complete the intended requirement. Three (three) months from the date of notice by the PVT Office.
.,, (5) If in the timeframe as referred to in paragraph (4) the applicant does not complete the requirement, then the request for a registration of the PVT rights due to the grant is considered to be withdrawn.

Section 10
.,, (1) In the event of a grant recipient is not willing to be a PVT holder, then the grant recipient may assign the PVT to the person or other legal entity who is willing to accept it or declare the waiver of the PVT and Tell the PVT office.
.,, (2) In the event of the recipient of the grant declaring the release of the PVT rights as referred to in paragraph (1), then the right becomes public property.

Section 11
The annual charge on the rights of the PVT is charged to the recipient of the grant or to the other party receiving the PVT rights.

Fifth Part
Set The PVT Transfer Method Due To The Will

Section 12
.,, (1) the individual holder of the PVT may apply its PVT rights to persons or other legal entities.
., (2) The will as referred to in paragraph (1) begin to apply after the PVT holders who make the will of the world die.

Section 13
.,, (1) the will submit a request for the registration of the PVT rights due to the will to the PVT Office by filling the PVT rights transfer request form and attaching it:
., a., a. the certificate of the PVT rights is concerned;
B. letter of death of the PVT rights holder;
c. a copy of the deed or other description considered equal to that;
., d. The statement of the claim of the heirs of the bondholders of the PVT who died he did not object to the will;
., e. a special power letter, in terms of a plea filed through the power;
f. Proof of payment fee for a PVT authorization record.
.,, (2) Within 30 (thirty) days of the following requirements as referred to in paragraph (1), the PVT Office records the diversion of the PVT due to the will on the General List of PVT and on the corresponding PVT rights certificate as well as the Announce it in the official PVT news and tell it to the recipients.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate which has been made a record of the transfer of the rights of the PVT to the recipient of the will.
.,, (4) If the requirement as referred to in paragraph (1) has not been met, then in the longest 30 (thirty) days of the receipt, the PVT Office notifies the applicant to supplement the requirements of the IBM International Economic Service ("IBM"). referred to the longest 3 (three) months since the date of the notification of the PVT Office.
.,, (5) If in the timeframe as referred to in paragraph (4) the applicant does not complete the requirement, then the request for a registration of the PVT rights due to the will is deemed to be retracted.

Section 14
., (1) In the event that the recipient is not willing to be the holder of the PVT, then the recipient will be able to assign the PVT to the person or other legal entity who is willing to accept it or declare the waiver of the PVT and Tell the PVT office.
., (2) In the event of the recipient of the will declaring the release of the rights of the PVT as referred to in paragraph (1), then the right becomes public property.

Section 15
The annual charge on the rights of the PVT is charged to the recipient of the will or to the other party receiving the transfer of PVT rights.

Section 6
Set The PVT Right To The Agreement Due To The Agreement
in the Notary Akta Form

Section 16
.,, (1) The recipient of the PVT due to an agreement in the form of a notary deed makes a request for a registration of the PVT right to the PVT's Office by filling the PVT rights transfer request form and attaching it:
., a., a. a copy of the notarized deed about the diversion of PVT rights; B. the certificate of the PVT rights is concerned;
c. Special power mail, if a request is submitted through power;
D. Proof of payment fee for a PVT authorization record.
.,, (2) In the most prolonged period of 30 (thirty) days since the terms of the requirements referred to in paragraph (1), the PVT Office records the diversion of the PVT due to the agreement in the form of a notarized deed to the General List and on The PVT rights certificate is concerned as well as announcing it in the Official PVT News and told it to the PVT rights recipient.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate which has been made a record of the transfer of the rights of the PVT to the recipient of the PVT rights due to the agreement in the form of a notary deed.
.,, (4) If the requirement as referred to in paragraph (1) has not been met, then in the longest 30 (thirty) days of the receipt, the PVT Office notifies the applicant to supplement the requirements of the IBM International Economic Service ("IBM"). referred to the longest 3 (three) months since the date of the notification of the PVT Office.
.,, (5) If in the term as referred to in the paragraph (4) the applicant does not complete the requirement, then the PVT ' s transfer request is deemed to be withdrawn.

Section 17
The annual fee on the rights of the PVT is charged to the PVT recipient because of the agreement in the form of a notary deed.

The Seventh Part
Set The PVT Right Way Because Other Because Of The Other.
That Is Justified By The Legislation

Section 18
.,, (1) the recipient of the PVT due to another cause justified by the law applying for the registration of the transfer of the PVT rights to the PVT Office by filling the PVT rights transfer request form and attaching it:
., a., a. a copy of the proof of the diversion of the PVT due to another cause justified by the undrau;
., b. the certificate of the PVT rights in question;
., c. special power letters, if submitted by power;
., d. Proof of payment fee for a PVT authorization record.
.,, (2) Within 30 (thirty) days of the following requirements as referred to in paragraph (1), the PVT Office records the transfer of the rights of the PVT due to another cause justified by the legislation into the General List of PVTs and on The PVT rights certificate is concerned as well as announcing it in the Official PVT News and told it to the PVT rights recipient.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate which has been made a record of the transfer of the PVT rights to the recipient of the PVT due to another cause justified by the invite-invite.
.,, (4) If the requirement as referred to in paragraph (1) has not been met, then in the longest 30 (thirty) days of the receipt, the PVT Office notifies the applicant to supplement the requirements of the IBM International Economic Service ("IBM"). referred to the longest 3 (three) months since the date of the notification of the PVT Office.
.,, (5) If in the term as referred to in the paragraph (4) the applicant does not complete the requirement, then the PVT ' s transfer request is deemed to be withdrawn.

Section 19
The annual fee on the rights of the PVT is charged to the recipient of the PVT due to another cause justified by the legislation.

BAB III
LICENSE

The Kesatu section
The License Agreement

Section 20
., (1) the License Agreement contains the rights granted by the Licensee as licensors to Licensee to perform one or more of the following activities:
., a., a. producing and combking the Seed;
B. prepare for propagation purposes;
C. advertise;
D. offers;
e. selling and trading;
f. export; g. importing;
h. Cascades for the purposes referred to in items a, b, c, d, e, f, and g.
.,, (2) The License Agreement may be:
., a., a. exclusive; or
B. Not exclusive.
.,, (3) The License Agreement is prohibited:
., a., a. To provide a direct or indirect provision for the State of the United States,
., b. the loading of restrictions that can inhibit the ability of the Indonesian people in control and develop the breeding of crops in general; or
., c. exceeds the corresponding PVT period.

The Second Part
The Rights and Obligability of the Receiver and Licensee

Section 21
Licensor reserves the right:
., a., a. receive royalty payments in accordance with the agreement;
., b. exercise its own right of the rest of the unpromised agreement in the event of a non-exclusive license agreement.
.,, c. demanding the cancellation of the License in the event of the Licensee not carrying out the agreement as it should.

Section 22
Licensor is obligated:
., a., a. ensure the licensed Varieties are free of legal defects or a lawsuit from third parties;
., b. notifies Licensee that the Licensee is not licensed to use any of the following Program licenses:
.,, c. perform coaching and supervision of the quality of the production results as the implementation of the PVT rights by Licensee.

Section 23
.,, Licensee is entitled to:
., a., a. use the licensed Varieties in accordance with the agreement;
., b. Requesting to return to the IBM Software as a Service (s) for the IBM Software as a Service ("LICENSE") LICENSE

Section 24
Licensee is obligated to use the Program.
., a., a. pay royalties according to the agreement;
., b. Log a license agreement with the Program.
.,, c. maintaining the production quality of Varietas in accordance with licensed product standards.

The Third Part
The Terms and Terms of the License Agreement Signing Of The License Agreement

Section 25
.,, (1) Licensee submits a License Agreement for the PVT office by filling out a request form and attaching it:
., a., a. a copy of the License Agreement;
B. a special power letter, if a request is submitted through power;
c. proof of payment of payment for the transfer of the PVT rights transfer record.
.,, (2) the PVT office records the license agreement which has been eligible as referred to in paragraph (1) in the most thirty (thirty) days of the receipt of the license of the License Agreement, and announced it in the Official news of the PVT as well as inform the Licensee.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate which has been made a record of the license agreement.
.,, (4) If the requirement as referred to in paragraph (1) has not been met, then in the longest 30 (thirty) days of the receipt, the PVT Office notifies the applicant to supplement the requirements of the IBM International Economic Service ("IBM"). referred to the longest 3 (three) months since the date of the notification of the PVT Office.
.,, (5) If in the time frame as referred to in the paragraph (4) the applicant does not complete the requirement, then the license of the License Note is deemed to be retracted.
., (6) In the event of a license agreement not listed in the PVT Office, then the license agreement does not have a legal effect on the third party.

The Fourth Part
Rejection Of License Agreement Logging

Section 26
.,, (1) The PVT office rejects the application of the License Agreement that violates the provisions as referred to in Article 20 of the paragraph (3).
(3) The (3) Rejections as referred to in verse (1) are delivered to the applicant, or the longest thirty (thirty) days from the date of the rejection of rejection.

Fifth Part
Termination of License Agreement

Section 27
.,, (1) The License Agreement terminates because:
., a., a. expires in accordance with the agreement;
B. the agreement of both parties;
c. The PVT rights are cancelled by the PVT Office;
D. The PVT rights were revoked by the PVT office.
., (2) In the event the License Agreement expires for the reason referred to in paragraph (1) the letter b, the licensor or its ruler notifying it in writing to the PVT Office in the most prolonged period of 30 (thirty) days from the date Termination of License Agreement.
.,, (3) PVT ' s office announces the termination of the License agreement as referred to in paragraph (1).

Section 28
The company is not a member of the company that is not available to the Program. count since the date of cancellation or revocation.

BAB IV
MANDATORY LICENSE

The Kesatu section
The Mandatory License Grant Requirement

Section 29
(1) In the case of the holder of the rights of the PVT does not exercise his own right after the passing of 36 (thirty-six) months from the date of the granting of the rights of the PVT, then any person or body of the law may submit itself or through his power. A Mandatory Service is required to use the Cloud Service for which Client is entitled to use the Cloud Service for the Cloud Service.
.,, (2) the Compulsory License Requests as referred to in paragraph (1) can only be done with reason:
., a., a. The rights of the PVT are not used in Indonesia;
., b. PVT rights concerned have been used in the form and way that harms the interests of the community.
.,, (3) the person or legal entity who may submit a Wajib License as referred to in paragraph (1) must be eligible as follows:
., a., a. Have skills or expertise in the field of plant-benihan;
., b. have access to use the facilities that are adequate and accredited or appointed by the Minister;
.,, c. has sufficient financial skills to carry out the Wajib License;
., d. have attempted to take steps to obtain a license from the PVT rights holder on the basis of reasonable requirements and conditions, but it is not successful.

The Second Part
Set The Mandatory License Logging Application

Section 30
.,, (1) Licensee is not able to use any of the following IBM WebSphere Application Program licenses to IBM.
., a., a. a copy of a public court ruling that provides the Wajib License to the applicant;
., b. A special power letter, if a plea is made through power.
., (2) The PVT office records the Concurrent License, as referred to in paragraph (1) in the PVT General List and announced it in the Official News of the PVT as well as informing the recipient of the Mandatory Service at most 30 (thirty). Days from the receipt of the Mandatory License.
., (3) Notice as referred to in paragraph (2) is attached to the PVT rights certificate that has been made up of the records regarding the Wajib License.
.,, (3) If the requirement as referred to in paragraph (1) has not been met, then in the longest 30 (thirty) days of the receipt, the PVT Office notifies the applicant to supplement the requirements of the IBM International Economic Service ("IBM"). referred to the longest 3 (three) months since the date of the notification of the PVT Office.
.,, (4) If in the time frame as referred to in paragraph (4) the applicant does not complete the requirement, then the Wajib License Notes request is deemed to be withdrawn.
.,, (5) In the case of the Wajib License not listed in the PVT Office, then the Wajib License does not have any legal effect on the third party.

BAB V
The PVT and
transfer application form
The PVT (PVT) Record Cost

Section 31
.,, (1) the application of the diversion of PVT due to inheritance, grants, wills, agreements in the form of a notarized deed and other cause justified by the law as well as License and the Wajib License is submitted to the PVT Office by filling out the form.
.,, (2) The form and content of the form as referred to in paragraph (1) at least contains the description of:
., a., a. the name and address or place of the parties ' position;
B. name Varietas;
c. PVT ' s certificate number;
D. PVT diversion reasons;
e. PVT entitlement date;
f. Registration date.
.,, (3) The form and contents of the form as referred to in paragraph (2) are specified with the Ministerial Decree.

Section 32
The magnitude of the charge for the transfer of the PVT due to inheritance, grant, will, agreement in the form of a notarized deed and other cause is justified by the law, the License and the Mandatory License specified in accordance with the provisions of the applicable law. Applicable laws.

BAB VI
PROTECTED VARIETIES USE
By Government

Section 33
.,, (1) The government may use a person-protected Varietas or a legal entity to carry out food procurement policies and medicines for the common interest.
(2) Policies as referred to in verse (1) are carried out by the government in the event of food insecurity and/or threats to health due to the scarcity of production of food materials and/or plant-based medicines. the principal and the life of a lot of people.
.,, (3) the use by such Government should still pay attention to the economic rights of the corresponding PVT rights holder in the manner of reasonable rewards to the PVT rights holder.
., (4) The rewards given to the holders of the PVT as referred to in paragraph (3) are set forth by the Minister under agreement with the PVT holders after paying attention to the Finance Minister's opinion.

Section 34
The PVT rights holder whose Variation is used by the Government is exempt from the annual fee payment obligation until the end of the use of the corresponding PVT rights by the Government.

Section 35
.,, (1) The use of the Varietas by the Government as referred to in Article 33 of the paragraph (1) is submitted by the Minister to the President with accompanied:
., a., a. the use of the use of the corresponding Varietas;
B. the reasons underlying such a proposal;
c. advise and consideration of the associated ministers.
.,, (2) The use of the Government-protected Varietas as intent on paragraph (1) is specified by the Presidential Decree.

BAB VII
CLOSING PROVISIONS

Section 36
This Government Regulation shall begin in effect on the date of the promulctest.

In order for everyone to know, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.


.,, Set in Jakarta
on March 17, 2004
President of the Republic of Indonesia,

Megawati Soekarnoputri

Promulgated in Jakarta
on March 17, 2004
Secretary of State of the Republic of Indonesia,

Bambang Kesowo