Plant Variety Protection (PVP) is a legal framework that grants breeders exclusive rights over new plant varieties they develop. In Indonesia,PVP is regulated under Law No. 29 of 2000 on Plant Variety Protection, which aims to encourage agricultural innovation, safeguard breeders rights, and enhance food security.

The primary law governing PVP in Indonesia is Law No. 29 of 2000, which is further supported by various government regulations and ministerial decrees. The Plant VarietyProtection Office (Pusat Perlindungan Varietas Tanaman, PVT)under the Ministry of Agriculture is responsible for administering PVP rights.

Criteria for Protection

To qualify for PVP in Indonesia, a plant variety must meet the following criteria:

1. Novelty– The variety must not have been previously marketed for more than one year in Indonesia or four years internationally (six years for trees and vines).
2. Distinctness– The variety must be clearly distinguishable from any existing varieties.
3. Uniformity– The variety must exhibit consistent characteristics in all plants.
4. Stability– The variety’s essential traits must remain stable across successive generations.

Application Process

1. Submission of Application– Breeders must submit an application to the Plant Variety Protection Office, including detailed descriptions, proof of novelty, genetic background information, cultivation data, and any relevant supporting documents.
2. Examination and Testing – The submitted variety undergoes technical testing to verify its distinctness, uniformity, and stability.
3. Publication and Objection Period – Once the variety passes examination, the application is published to allow third-party objections, which must be submitted within 6 months of publication. Any objections are reviewed by the Plant Variety Protection Office, which may request additional evidence or conduct hearings before making a final decision.
4. Granting of PVP Certificate – If no objections arise and the variety meets all requirements, a Plant Variety Protection certificate is issued, granting exclusive rights to the breeder.

Scope of Protection and Duration

PVP grants breeders exclusive rights to produce, sell, import, and distribute the protected variety. The protection period varies:

• Annual crops: 20 years
• Perennial plants (trees, vines, etc.): 25 years

After this period, the variety enters the public domain.

Breeder’sRights and Limitations

PVP holders can authorize or prohibit the use of their protected variety. However, Indonesian law includes exemptions, such as:

• Farmers’ Privilege– Small-scale farmers may use PVP-protected seeds for their own cultivation.
• Research and Breeding Exemption – Researchers can use the protected variety for breeding new varieties.
• Compulsory Licensing – The government may grant licenses to third parties if the variety is vital for national food security.

Enforcement and Infringement

PVP holders can take legal action against unauthorized use of their protected varieties. Remedies include fines, compensation, and injunctions. The Commercial Court handles PVP disputes.

Indonesia’s Plant Variety Protection system balances the rights of breeders with national agricultural interests. By protecting plant varieties,Indonesia fosters agricultural innovation and enhances food security while ensuring fair access for farmers and researchers. For more detail regarding PVP  protection in Indonesia please contact me directly, RH & Partners at Khudewi@rhp.co.id

By: Khurnia Hudewi
Mobile Phone: +62 878 8651 1479

E-mail : khudewi@rhp.co.id

Indonesia’s agricultural sector continues to grow, and with it comes the need to protect new plant varieties developed by breeders. The Plant Variety Protection (PVP) system, regulated under Law No. 29 of 2000 on Plant Variety Protection, grants exclusive rights to breeders of new plant varieties. However, before these rights are granted, each variety must undergo a substantive examination to ensure it meets the legal and scientific standards required for protection.

What is Substantive Examination in PVP?

Substantive examination is a detailed assessment conducted by the PVP Office under the Ministry of Agriculture. It aims to determine whether the applied plant variety meets specific criteria before it can be legally protected. This process is crucial to ensuring that only truly new, distinct, uniform, and stable plant varieties receive protection.

Key Criteria for Substantive Examination

During the substantive examination, the PVP Office evaluates the variety based on the following principles:

1. Novelty

A plant variety is considered newif it has not been commercially exploited in Indonesia for more than one year before the application date. If the variety originates from another country, the maximum period for commercial exploitation before filing is:

• Four years for seasonal crops
• Six years for trees and vines

If a variety has been in commercial use beyond these limits, it no longer qualifies for protection.

2. Distinctness

A plant variety must be clearly distinguishablefrom any other known variety at the time of filing. The distinct characteristics can include morphological, physiological, and genetic traits that set it apart from existing varieties. This criterion ensures that the variety offers unique benefits to breeders and farmers.

3. Uniformity

The variety must demonstrate uniform traitsacross multiple plants. While some minor variations may occur, they must remain within acceptable limits. This requirement ensures that the variety maintains its characteristics consistently when propagated.

4. Stability

Stability refers to the variety’s ability to maintain its key characteristics over successive generations. A plant variety that changes significantly over time may not qualify for protection, as it does not provide the reliability needed for commercial cultivation.

5. Proper Denomination (Naming Requirement)

The variety must have a clear and unique name that does not mislead the public. The name should not be confusingly similar to other existing plant varieties and must comply with the PVP naming guidelines.

The Process of Substantive Examination

Once an application is submitted, the substantive examination process typically follows these steps:

1. Document Review – The PVP Office reviews the application and supporting documents to ensure compliance with basic requirements.
2. Field Testing (if necessary) – If needed, the authorities may conduct field trials to verify the plant’s distinctness, uniformity, and stability under real growing conditions.
3. Expert Evaluation – Agricultural experts assess whether the variety meets the required criteria based on scientific analysis.
4. Decision Making – If the variety passes all examinations, the applicant is granted exclusive breeder rights for:

• 20 years for seasonal crops
• 25 years for trees and vines
• Rejection and Appeal – If the variety fails the examination, the application may be rejected. Applicants can submit an appeal if they believe the rejection was made in error.

Why is Substantive Examination Important?

The substantive examination ensures that intellectual property rights in the agricultural sector are granted fairly and only to plant varieties that genuinely deserve protection. This process helps:

• Encourage innovation by rewarding breeders for their work
• Prevent unfair monopolization of common plant varieties
• Ensure farmers and the industry benefit from high-quality, stable, and reliable plant varieties

The substantive examination is a critical step in Indonesia’s Plant Variety Protection system. It guarantees that new plant varieties meet scientific and legal standards, ensuring that only truly novel and beneficial varieties receive exclusive rights. By enforcing a thorough examination process, Indonesia strengthens its agricultural sector and promotes continued innovation in plant breeding.

Breeders and stakeholders in the agricultural industry should be well-informed about this process to maximize the benefits of PVP and contribute to the development of high-quality plant varieties. [RH & PARTNERS]

By: Khurnia Hudewi
Mobile Phone: +62 878 8651 1479

E-mail : khudewi@rhp.co.id

Indonesia’s Plant Variety Protection (PVP) system plays a crucial role in promoting agricultural innovation by granting exclusive rights to breeders of new plant varieties. One key component of the PVP process is the Official Testing, also known as the DUS Test (an examination for Distinctness, Uniformity, and Stability) which determines whether a plant variety meets the criteria for protection under Indonesian law.

What is Official Testing?

Under Law No. 29 of 2000 on Plant Variety Protection, any application for PVP must include the results of official testing. This testing is conducted or supervised by the Center for Plant Variety Protection and Agricultural Licensing (PPVTPP) under the Ministry of Agriculture. The test aims to ensure that the plant variety:

• Is distinct from any other known variety;
• Is uniform in its characteristics across individual plants;
• Remains stable over successive generations.

Where and How the Testing is Conducted

Official testing in Indonesia can take one of the following forms:

1. Field Testing by the PPVTPP: Conducted at designated testing stations suited to the species’ agro-climatic requirements.
2. Use of Existing DUS Reports: In some cases, the PPVTPP may consider test reports from other countries, though this is assessed on a case-by-case basis and is not bound by international obligations.
3. Applicant-Conducted Testing (Under Supervision): Breeders may conduct tests on their own premises, following technical guidelines and under official supervision.

The testing duration varies: annual crops usually require one growing season, while perennialsmay need two or more.

Challenges and Considerations

Indonesia’s diverse agricultural zones provide both opportunities and logistical challenges for official testing. Choosing the correct testing location and ensuring timely submission of plant material are essential to avoid delays. Clear communication between applicants and the PPVTPP is critical during the testing phase.

Although Indonesia is not yet a member of UPOV (International Union for the Protection of New Varieties of Plants), the country has adopted DUS testing principles similar to those outlined in the UPOV 1978 and 1991 Acts. The Indonesian government has expressed interest in aligning with international standards, and discussions on possible accession to UPOV have taken place intermittently over the years.

Nevertheless, Indonesia retains full sovereignty over its plant variety protection framework and independently determines whether to accept foreign DUS reports or engage in international cooperation on a bilateral basis.

Official testing is a foundational element of Indonesia’s PVP system, ensuring that only truly new, stable, and uniform plant varieties are granted legal protection. While not a member of UPOV, Indonesia continues to strengthen its PVP infrastructure and testing procedures to support breeders and bolster agricultural development.

Applicants are encouraged to consult the latest technical guidelines from the PPVTPP and engage early in the process to ensure smooth application handling.

For further assistance on plant variety protection in Indonesia, please feel free to reach out to us at rhp@rhp.co.id  or  khudewi@rhp.co.id

[RH & Partners/ khudewi]

By: Khurnia Hudewi
Mobile Phone: +62 878 8651 1479

E-mail : khudewi@rhp.co.id