Government Regulation No. 14 Of 2004

Original Language Title: Peraturan Pemerintah Nomor 14 Tahun 2004

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4e99f1dc60b6b4313231353230.html

PP 14-2004 Text copy _?.
Back COUNTRY SHEET REPUBLIC of INDONESIA No. 31, 2004KESRA. Agriculture. Plant. Varieties Of Plants. Plant Breeders ' Rights. Transfer Of PVT. The Central Government. Local government (Extra explanation in the State Gazette of the Republic of Indonesia Number 4376) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA No. 14 of 2004 CONCERNING the TERMS and PROCEDURES for TRANSFER of PLANT BREEDERS ' RIGHTS and the USE of VARIETIES that are PROTECTED by the GOVERNMENT of the President of the Republic of Indonesia, Considering: that, to implement the provisions of article 10 and paragraph (2) of article 40, paragraph (4), article 43 paragraph (3) and article 55 of the Act Number 29 of the year 2000 on the protection of Plant Varieties , viewed the need to establish a government regulation on the terms and procedures for transfer of plant breeders ' rights and the use of Varieties that are protected by the Government;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
., ,2. Act No. 29 of the year 2000 on the protection of Plant Varieties (State Gazette Number 241 of the year 2000, an additional State Gazette Number 4043);
Decided:.,, set: GOVERNMENT REGULATION of the TERMS and PROCEDURES for TRANSFER of PLANT BREEDERS ' RIGHTS and the USE of VARIETIES that are PROTECTED by the Government.
CHAPTER I GENERAL PROVISIONS article 1 In this Government Regulation is:.,, 1. Plant breeders ' Rights hereinafter abbreviated PVT, special protection is given to the State, which in this case represented by the Government and their implementation is carried out by the Office of plant varieties, against PVT. produced by breeder through plant breeding activities.
., ,2. The rights of plant breeders ' Rights hereinafter abbreviated to right PVT., is special rights granted to the breeder of a country and/or holders of the right to use own PVT results annyaatau-breeder of varieties gives approval to the person or other legal entity to use it for a certain time.
., ,3. Varieties of plants hereinafter called varieties, are a group of plants of a kind or species are characterised by the form of plants, plant growth, leaf, flower, fruit, seeds, and expression characteristics of the genotype or combination of genotypes that can be distinguished from the same types or species by at least one trait that determines and when reproduced unchanged.
., ,4. The license is a permission granted by the holder of the rights of the person or entity to PVT another law to use all or part of the rights of PVT.
., ,5. A compulsory license is a license granted by the holder of rights to the applicant upon the verdict of the PVT District Court.
., ,6. Seed plant hereinafter referred to as the seed, the crop or any part thereof is used to reproduce and/or mengembang-biakkan plants.
., ,7. The Minister was the Minister of agriculture.
., ,8. Today is labor day.
CHAPTER II TRANSFER of RIGHTS is considered part of PVT. General Section 2.,, (1) the right of PVT. can switch or redirected because:.,,. inheritance;

b. grant;

c. Wills;

d. the agreement in the form of a notary deed; or e other. for justified Act.
.,, (2) the provisions concerning the transfer of rights PVT as mentioned on paragraph (1) is done according to the applicable law for each of the subjects of law concerned. Article 3 rights of PVT are turning or transferred as stipulated in article 2 paragraph (1) mandatory noted at offices of PVT.

The second part of the terms of transfer of Rights transfer of Rights article 4 PVT PVT due to inheritance, grants, wills, agreements in the form of a notary deed or other reasons allowed by law as any referred to in article 2 paragraph (1) should be qualified have paid the annual fee PVT for the year in progress.

The third section the procedures for transfer of the right of Inheritance article 5 Because PVT.,, (1) in the event that the holder of the right of PVT. dies, the heirs of the holder's rights apply to the PVT PVT Office regarding the recording of transfer of rights of PVT to heirs, with the transfer of rights request form and attaching the PVT:.,, a. certificate of entitlement PVT is concerned;

b. death certificate holders PVT;

c. letter of proof as the beneficiary;
.,, d. deed of appointment to one of the heirs in the event of the beneficiary for more than one person;
.,, e. special power of Attorney, in which case the petition filed by the power;

f. proof of payment of the application fee the recording of transfer of rights of PVT.
.,, (2) within a period of not longer than 30 (thirty) days counted since the fulfillment of the requirements referred to in subsection (1), the Office of PVT PVT right diversion due to record the inheritance on the General list and on the certificate of entitlement PVT PVT concerned and announce it in the Official Gazette PVT and notify the beneficiary.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT recording of transfer of rights of PVT to heirs.
.,, (4) if the requirements referred to in subsection (1) have not been met, then for a period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of the notice from the Office of PVT.
.,, (5) if the period referred to in subsection (4) the applicant does not complete the requirements, then the application for recording of transfer of rights of inheritance because PVT is considered withdrawn.
Section 6.,, (1) in the event that the beneficiary not willing to become a holder of rights PVT, then heirs can transfer the rights of such person or unto PVT legal entities other willing accept it or that PVT. waiver States and inform the Office of PVT.
.,, (2) in the event of the beneficiary stated PVT waiver referred to in subsection (1), then those rights belong to the public. Article 7 annual fee over the right of PVT. charged to the beneficiary or to another party who receives a transfer of rights of PVT.

The fourth part of The transfer of Rights article 8 Grants Because PVT Holder rights can grant privileges PVT PVT to another person or legal entity.

Article 9.,, (1) grantees apply for the recording of a transfer of rights to the PVT PVT Office by filling out the application form and attach the right diversion PVT:.,, a. copy of deed of grant;

b. certificate of entitlement PVT is concerned;

c. a special power of Attorney, in which case the petition filed by the power; and d. proof of payment of the application fee the recording of transfer of rights of PVT.
.,, (2) within a period of not longer than 30 (thirty) days counted since the fulfillment of the requirements referred to in subsection (1), the Office of PVT PVT right diversion due to record the grants in the General list and on the certificate of entitlement PVT PVT is concerned as well as to umumkannya in official news PVT and notify the grantee.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT recording of transfer of rights of PVT to grantees.
.,, (4) if the requirements referred to in subsection (1) have not been met within the time period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of notification by the Office of PVT.
.,, (5) if the period referred to in subsection (4) the applicant does not complete the requirements, then the application for recording of transfer of rights because the grants are considered PVT pulled back.
Section 10.,, (1) in the event that the grantee was not willing to be the holder of the rights to the PVT, then the grantee may assign these to the PVT or other legal entity that is willing to accept it or declare the PVT waiver and notify the Office of PVT.
.,, (2) in the event that the grantee States PVT waiver referred to in subsection (1), then those rights belong to the public.
Article 11 annual costs over the right of PVT. charged to the grantee or to other parties who accept the rights of PVT.

The fifth part of the procedures for transfer of the right of PVT. Because Probate article 12.,, (1) Individual rights holders can mewasiatkan PVT PVT his rights to another person or legal entity.
., Intestate, (2) referred to in subsection (1) comes into force after the rights holder PVT which makes a will dies.
Article 13.,, (1) the recipient's will apply for the recording of transfer of rights to the probate Office because PVT PVT with the transfer request form and attaching rights PVT:.,, a. certificate of entitlement PVT is concerned;

b. death certificate holders PVT;

c. a copy of the deed of a will or other information which is considered equal to it;
.,, d. affidavit of the heirs of the holder of the right of PVT. who died that States not objected by a will;
.,, e. special power of Attorney, in which case the petition filed by the power;

f. proof of payment of the application fee the recording of transfer of rights of PVT.
.,, (2) within the period of 30 (thirty) days counted since the fulfillment of the requirements referred to in subsection (1), the Office of PVT PVT right diversion due to record the wills on the General list and on the certificate of entitlement PVT PVT concerned and announce it in the Official Gazette and notify recipients PVT. wills.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT recording of transfer of rights to the recipient's Testament PVT.
.,, (4) if the requirements referred to in subsection (1) have not been met, then for a period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of the notice from the Office of PVT.

.,, (5) if the period referred to in subsection (4) the applicant does not complete the requirements, then the application for recording of transfer of rights because of the Testament is considered PVT pulled back.
Clause 14.,, (1) in case the recipient's will not be willing to be the holder of the rights, then the recipients will and Testament PVT can assign these to the PVT or other legal entity that is willing to accept it or declare the PVT waiver and notify the Office of PVT.
.,, (2) in case the recipient's will expressed waiver PVT as mentioned in paragraph (1), then those rights belong to the public.
Article 15 annual fee charged to the right above the recipient's probate PVT or to another party who receives a transfer of rights of PVT.

The sixth part of The transfer of Rights because the agreement in the form of PVT notary deed article 16.,, (1) the recipient's rights because the agreement in the form of PVT notary deed recording the transfer of rights to apply to the Office PVT PVT with the transfer request form and attaching rights PVT:.,, a. copy of the notary deed regarding transfer of rights PVT;

b. certificate of entitlement PVT is concerned;

c. a special power of Attorney, in a petition filed by the power;

d. proof of payment of the application fee the recording of transfer of rights of PVT.
.,, (2) within a period of not longer than 30 (thirty) days counted since the fulfillment of the requirements referred to in subsection (1), the Office of PVT PVT right diversion due to take note of the agreement in the form of a notary deed into the General list and on the certificate of entitlement PVT PVT concerned and announce it in the Official Gazette and notify recipients PVT right PVT.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT recording of transfer of rights to the recipient rights PVT PVT because the agreement in the form of a notary deed.
.,, (4) if the requirements referred to in subsection (1) have not been met, then for a period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of the notice from the Office of PVT.
.,, (5) if the period referred to in subsection (4) the applicant does not complete the requirements, then the application for transfer of the rights of the PVT is considered withdrawn.
Article 17 the annual costs over the rights of recipient Rights charged to PVT PVT because the agreement in the form of a notary deed.

The seventh part of the procedures for transfer of Rights Because Other causes of PVT are justified by law Article 18.,, (1) the recipient of the right of other causes PVT justified by law apply to the recording of a transfer of rights with PVT PVT Office fill out the application form and attach the right diversion PVT:.,, a. copy of proof of transfer of rights because other causes of PVT are justified by the law;
., certificate of entitlement, b. PVT is concerned;
.,, c. special power of Attorney, if submitted through the power;
.,, d. evidence of payment of the application fee the recording of transfer of rights of PVT.
.,, (2) within the period of 30 (thirty) days counted since the fulfillment of the requirements referred to in subsection (1), the Office of PVT PVT right diversion due to noted other reasons allowed by law into the General list and on the certificate of entitlement PVT PVT is concerned as well as announced in Official Gazette PVT and told recipients rights PVT.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT recording of transfer of rights to the recipient rights PVT PVT due to other reasons allowed by law.
.,, (4) if the requirements referred to in subsection (1) have not been met, then for a period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of the notice from the Office of PVT.
.,, (5) if the period referred to in subsection (4) the applicant does not complete the requirements, then the application for transfer of the rights of the PVT is considered withdrawn.
Article 19 annual fee over the rights of recipient Rights charged to PVT PVT due to other reasons allowed by law.

CHAPTER III is considered part of the LICENSE the content license agreement, article 20, (1) the licensing agreement contains the rights granted by the holder of the right of PVT. as licensor to licensee to carry out one or more of several activities:.,, a. produce and reproduce the seed;

b. set up for the purpose of propagation;

c. advertise;

d. offer;

e. sell and trade;

f. export; g. import;

h. reserve for the purposes referred to in point a, b, c, d, e, f, and g.
.,, (2) the license agreement can be:., exclusive, a.; or b. is not exclusive.
.,, (3) license agreements is prohibited:.,, a. contains provisions that directly or indirectly can cause an adverse result State;
.,, b. contains restrictions that could hinder the ability of the nation of Indonesia in mastering and developing plant breeding in General; or, c.., exceeds a period of PVT.
The second part of the rights and obligations of the giver and the Recipient of a license Article 21 Licensors are entitled:.,, a. receive royalty payments pursuant to the agreement;
.,, b. carry out own right all along are not enforced by others in terms of the license agreement are not exclusive;
.,, c. demanding cancellation of Licences in the event licensee does not implement the agreement as expected.
Section 22 Licensors are obligated:.,, a. guarantee the Varietal is licensed free of disability laws or lawsuits from third parties;
.,, b. inform the licensee that the license it gives not a License has been granted to other licensees in terms of exclusive license agreement;
.,, c. do coaching and supervision against the quality of the results of the production as the exercise of PVT by licensee.
23. Article,, licensee shall have the right:.,, a. use varieties that are licensed in accordance with the agreement;
.,, b. ask back royalty payments that had been paid to the licensor in terms of rights licensed revoked PVT.
Article 24 Licensees are obligated:.,, a. pay royalties pursuant to the agreement;
.,, b. Records Office to PVT license agreement;
.,, c. keeping quality production of Varieties in accordance with standard products that are licensed.
The third part of the terms and Procedures of application for the recording of a license agreement Article 25.,, (1) a Licensee applying for the recording of a license agreement to the Office PVT with request form and attach:.,, a. a copy of the letter of the license agreement;

b. the special power of Attorney, in a petition filed by the power;

c. proof of payment of the application fee the recording of transfer of rights of PVT.
.,, (2) Office of the licensing agreement noted PVT are qualified as referred to in paragraph (1) in the list of the longest Public PVT thirty (30) days from the receipt of the application for the recording of a license agreement, and announce it in the Official Gazette and notify PVT licensee.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT recording license agreement.
.,, (4) if the requirements referred to in subsection (1) have not been met, then for a period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of the notice from the Office of PVT.
.,, (5) if the period referred to in subsection (4) the applicant does not complete the requirements, then the license registration application is deemed withdrawn.
.,, (6) in terms of the license agreement is not recorded in the Office of PVT, then the license agreement have no legal consequences to a third party.
The fourth part of the recording of a license agreement Application Refusal Article 26.,, (1) the application for registration was refused PVT Office license agreement in violation of the provisions referred to in Article 8 paragraph (3).
.,, (3) the refusal referred to in subsection (1) is communicated to the applicant or its most longer than 30 (thirty) days counted from the date of the determination of the rejection.
The fifth part of the termination of the license agreement, article 27 (1) the license agreement terminates because:.,, a. expires in accordance with the agreement;

b. the agreement of both parties;

c. right of PVT. his Office canceled by PVT;

d. right of PVT. revoked by his Office of PVT.
.,, (2) in terms of the license agreement terminates for reasons referred to in subsection (1) letter b, licensors or its power to notify in writing to the Office of PVT in the longest period of 30 (thirty) days from the date of expiration of the license agreement.
.,, (3) Office announced the termination of the licensing agreement PVT as referred to in paragraph (1).
Article 28 the Office notifies in writing the termination of the PVT license agreement due to cancellation or revocation of privileges PVT as stipulated in article 27 paragraph (1) to the giver and the licensee or his authority at least thirty (30) days counted from the date of cancellation or revocation.

CHAPTER IV COMPULSORY LICENSE is considered part of the application for compulsory licensing Terms Article 29

.,, (1) in the event that the holder of the rights does not implement its own PVT right after a period of 36 (thirty six) months counted from the date of grant of rights PVT, then any person or legal entity may apply on their own or through the power of his petition for compulsory licensing to use the rights of any other party to the property of PVT State Court ruling covering areas that address or the position of the holder of the rights to the PVT is concerned.
.,, (2) the application for Compulsory Licence referred to in subsection (1) may only be carried out by reason of:.,, a. rights PVT concerned are not used in Indonesia;
.,, b. right of PVT. concerned has been used in a form and manner which is detrimental to the interests of the community.
.,, (3) the person or legal entity may apply Compulsory Licences as referred to in paragraph (1) should be qualified as follows:.,, a. have expertise or experts in the field of perbenihan plant;
.,, b. had access to adequate facilities and accredited or designated by the Minister;
.,, c. have adequate financial ability to carry out the compulsory licensing;
., d., has been trying to take steps to obtain a licence from the holder of the right of PVT on the basis of the terms and conditions are reasonable, but to no avail.
The second part of The application for Registration article 30 compulsory licensing.,, (1) the Licensee is obliged to apply compulsory licensing to the registration office of the PVT with request form and attach:.,, a. a copy of the ruling of the District Court who provide compulsory licensing to the applicant;
.,, b. special power of Attorney, if the solicitation is done through the power.
.,, (2) the Office of a Compulsory License noted PVT are qualified as referred to in paragraph (1) in the General list and announce it in a PVT official news PVT and notify the licensee the longest Mandatory thirty (30) days from the receipt of the registration application for compulsory licensing.
.,, (3) the notice referred to in subsection (2) enclosed with the certificate of entitlement has been labelled a PVT record keeping regarding compulsory licensing.
.,, (3) if the requirements referred to in subsection (1) have not been met, then for a period of not longer than 30 (thirty) days as of receipt of the petition, since PVT. Office told the applicant to complete the specified requirements of the longest 3 (three) months from the date of the notice from the Office of PVT.
.,, (4) if the period referred to in subsection (4) the applicant does not complete the requirements, then the application for compulsory licensing registration is deemed withdrawn.
.,, (5) in the event of compulsory licensing are not recorded in the Office of PVT, then the Mandatory Licence has no legal consequences to a third party.
Chapter V transfer of application form and Registration Fee Diversion PVT PVT article 31.,, (1) the application for transfer of registration because of inheritance, PVT. grants, wills, agreements in the form of a notary deed and other reasons allowed by law as well as licensing and compulsory licensing Office presented to PVT by filling out the form.
.,, (2) form and content of the form referred to in subsection (1) at least contain information on:.,, a. the name and address or seat of the parties;

b. name of Varieties;

c. number of certificate of entitlement PVT;

d. reasons redirects PVT;

e. the date of awarding PVT;

f. the date of registration.
.,, (3) the form and content of the form referred to in subsection (2) are defined with the Minister's decision.
Article 32 the magnitude of the costs of the recording of a transfer of the right of inheritance, since PVT. grants, wills, agreements in the form of a notary deed and other reasons allowed by law, license and compulsory licensing are set in accordance with the provisions of the applicable legislation.

CHAPTER VI the use of VARIETIES that are PROTECTED by the Government Article 33.,, (1) the Government may use protected Varieties belong to a person or a legal entity to implement policies for the procurement of food and medicines to the public interest.
.,, (2) the policy referred to in subsection (1) is carried out by the Government in the event of food insecurity and/or the threat to health because of the scarce seed production food and/or plant material medicines which are staple and is the intention of living people.
.,, (3) the use of the Government should still pay attention to the economic rights of the holders of the rights concerned PVT by way of granting a reasonable remuneration to the holders of rights to PVT.
.,, (4) the magnitude of the rewards given to the holders of the rights referred to in paragraph PVT (3) specified by the Minister based on an agreement with the holder of the right of PVT. after paying attention to the opinion of the Minister of finance.
Article 34 the holder of rights to the PVT Varietasnya used by the Government are exempted from the obligation of payment of the annual costs up to the end of the use of the right concerned by the Government of PVT.

Article 35.,, (1) the use of Varieties by the Government as stipulated in article 33 paragraph (1) be filed by the Minister to the President with:.,, a. plan the use of the Variety in question;

b. the reasons underlying the proposal;

c. advice and consideration of the Minister concerned.
.,, (2) the use of varieties that are protected by the Government as on the meaning in subsection (1) is designated by presidential decree.
CHAPTER VII PROVISIONS COVER Article 36 this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on 17 March 2004 the President of the Republic of Indonesia, Megawati Sukarnoputri Enacted in Jakarta on 17 March 2004 the Secretary of State of the Republic of Indonesia, Bambang Kesowo