Plant Varieties Protection (“PVP”)

Indonesia enacted Law Number 29 of 2000 concerning PVP which protects breeder’s rights, so that the breeder has a motivation to invent the new plant variety needed in agricultural development, especially in the field of agribusiness industry. At present, agricultural sector becomes a very important support for recovering Indonesian economy.

Under the PVP Law, to obtain PVP rights, a breeder or an institution of breeding research and development has to file an application with the PVP Office. The plant variety filed to obtain the protection, consists of a non-transgenetic variety or atransgenetic variety or essential derivative variety, and has to be examined as to substance. Until now, the PVP Law can not be implemented due to the lack of implementing regulations and the PVP Office is not yet established.

Copyright and Related Rights

The Copyright Law (Law Number 19 of 2002) protects the works in the field of art, literary and science, including related rights. The related rights cover copyright protection for performers, producers of sound recording s and broadcasting institutions

Unlike most rights in the IPRs system, Copyright and Related Rights are granted not upon registration. This means that every work whether it is registered or not will be protected by the Copyright Law. However, it is advisable to register the copyright in order to simplify in providing evidence at the Commercial Court if there is a copyright infringement.

The Copyright Law applies to the following works, namely those of:

· Indonesian citizens, people and legal entities;

· non-Indonesian citizens, non-Indonesian people and non-Indonesian legal entities, which are for the first time published in Indonesia; and

· non-Indonesian citizens, non-Indonesian people and non-Indonesian legal entities provided that the foreign country signs a bilateral agreement with Indonesia for the copyright protection or the foreign country and Indonesia are parties or signatories to the same multilateral agreement for the copyright protection.

Additional Notes

The laws on IPRs, as discussed above, put an emphasis on the relationship between the various rights and the interests of the business community. That is why civil disputes, with the exception of disputes that pertain to trade secrets, are to be resolved through the Commercial Court besides by arbitration or by way of alternative dispute resolution. Punishments inflicted on civil offenders in the form of monetary penalties are preferred by the laws, over physical imprisonments/punishments. Infringements upon any of the IPRs, with the exception of copyright, constitute offences that warrant complaint.

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