Revision of Permentan 25/2021 Clarifies the Mechanisms for Objections and Rebuttals

The Ministry of Agriculture (“ Kementan ”) is currently revising Regulation of the Minister of Agriculture No. 25 of 2021 (“ Permentan 25/2021 ”) on the Implementation of the Application of Plant Variety Protection Rights (Perlindungan Varietas Tanaman– “ PVT ”), which clarifies the regulation of objection and rebuttal mechanisms in the process of applying for Plant Variety Protection Rights.

“This regulation clarifies the procedure for submitting objections and the applicant’s obligation to provide a response within the prescribed time limit,” said Erna Budi Setio Wibowo, Head of the Legal Services Working Team at the Plant Variety Protection and Agricultural Licensing Center (Pusat Perlindungan Varietas Tanaman dan Perizinan Pertanian–“ PVTPP ”) of the Ministry of Agriculture.

Under the revised provisions, during the publication period of an application, any individual or legal entity may submit written views or objections, stating the reasons therefor. Objections may only be filed within the publication period, and any views or objections submitted after the expiry of that period shall be deemed inadmissible.

The revision also clarifies the administrative obligations of the PVTPP and the applicant. In the event that any views or objections are submitted, the PVTPP Center must promptly deliver a copy of the objection letter to the applicant. The applicant is subsequently required to submit a written rebuttal and explanation to the PVTPP Center within a maximum period of 14 days from receipt of the letter. This arrangement establishes a more structured process for the submission of objections and the applicant’s responses

Furthermore, the revision of Permentan 25/2021 aligns the provisions on the announcement of applications for PVT Rights with Law No. 29 of 2000 on PVT, as amended by Regulation of the Government in Lieu of Law No. 2 of 2022 on Job Creation (collectively referred to as “ Law 29/2000 ”) and Regulation of the Government No. 26 of 2021 , as amended by Regulation of the Government No. 52 of 2023 (collectively referred to as “ PP 26/2021 ”). The announcement of an application shall be made no later than six months from the application filing date, or no later than twelve months for applications claiming a priority right. Applications for PVT Rights that have fulfilled the prescribed requirements shall be announced by the PVT Office for a period of six months, which constitutes the official period for the submission of observations or objections by third parties.