In
Indonesia, a new plant variety developed through conventional breeding
methods conducted by a plant breeder can be protected under the Plant
Variety Protection (PVP) Law System.
However,
a plant variety created using non-conventional techniques, such as non-biological
or microbiological processes (for example through genetic engineering), cannot
be protected under PVP Law but will be protected by a Patent Law.
This
is explained in Article 9(e) of Law No. 65 of 2024 regarding the Third
Amendment of the Law No. 13 of 2016 on Patents, which states:
“Inventions
that cannot be granted a patent include essential biological processes for
producing plants or animals, except for non-biological or microbiological
processes.”
The
explanation of this article further clarifies that:
“The
term ‘essential biological processes for producing plants or animals’ refers to
conventional or natural breeding methods, such as grafting, cutting, or natural
pollination. The term ‘non-biological or microbiological processes’ refers to
methods used to produce plants or animals that are generally transgenic or
genetically engineered, involving chemical, physical, microbiological,
or other genetic modification techniques.”
Therefore,
the key factor in determining whether a plant variety in Indonesia
should be protected under patent law or plant variety protection law
is to identify the process used to develop the new variety — whether it
was biological or non-biological process.
If
the plant variety was developed through a biological process, it may be
registered under Plant Variety Protection (PVP) Law in Indonesia.
However, if it was developed through a non-biological process, it can be
registered for patent protection.
If
you would like to register your plant variety protection (PVP) in Indonesia,
you can contact us as registered PVT consultant in Indonesia :
1. Dr. Nadya Prita Gemala Djajadiningrat,
S.H., M.Hum (info@harvespat.com)
2. Agus Candra Suratmaja, S.P., S.H.
(info@konsultanki.com)
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