Goverment Regulation No. 13/2004 on the naming, registration and use of original varieties for producing essential deriviatives varieties

THE NAMING, REGISTRATION AND USE OF ORIGINAL VARIETIES FOR PRODUCING ESSENTIAL DERIVATIVE VARIETIES (Government Regulation No. 13/2004 dated March 17, 2004) I 11£: PRfSiDLNT OF Tl\[: Rl:PUl3UC OF INDONESIA, Considering: that in order to implement the provisions in Article 6 paragraph (7) and Article 7 paragraph (4) of Law No. 29/ 2000 (BN No. 6617 pages 18A - 27A and so on) on protec­ tion of plant varieti€s, it is deemed. necessary to stipulate a government regulation on the naming, registration and use of original varieties for producing essential derivative vari­ eties; ll! VICW of: 1. Article 5 paragraph (2) of the Constitution of 194'.>; ) l.aw No. 29/2000 (BN No. 6617 pa~JCS 18A 27A and so on) on protection of plant varieties (Statute Book of 2000 No. 241, SuoolPment to Statute Book No. 4043); DECIDES: To stipulate: rHE: GOVERNMENT REGULATION ON THE NAMING, REGIS­ TRATION AND USE OF ORIGINAL VARIETIES FOR PRODUC­ ING FSSENTIAL DERIVATIVE VARIETIES. CHAPTER 1 GENERAL PROVISION Article 1 Referred to in this government regulation as: 1. Protection of Plant Vanet,cs, hereinafter called PVT is special protection provided by the state, in this case, represented by the government and implemented by PVI Office, for plant varieties resulting from plant flourishes · through flourishing activities. 2. Plant Variety Protection Right is a special right given by the state to nourishers and/or holders of plant variety protection right to use directly varieties resulting from their nourishment or give approval to other people or statutory bodies to use them for a specified period. 3. Plant variety, hereinafter called variety, is a group of plants of one kind or species marked by shape of plant, Business News 7090 7091/2812004 growth of plants, leaf, flower, fruit, seed and expression of genotype characteristic or combination of genotype that can differentiate from the same kind or species by at least one decisive characteristic and does not change if it is multiplied. 4. Plant nourishment is a series of activities of research and test or activities of discovery and development of a variety,' in accordance with the standard method to pro­ duce new variety and maintain purity of seed of the produced variety. S. Original variety is a variety used as the basic substance to produce essential derivative varieties mcluding vari etIes obtaining and not obtaining PVT but already named and registered by the government. 6. Essential derivative variety is a variety resulting from assemble of original variety by using certain selection in such a way so that the variety maintains expression of the essential characteristics of their original variety but can be differentiated clearly with their original vanety from characteristics arising from the derivation. 7. Local varieties are varieties already existing and culti­ vated by farmers from generation to generation, as well as becoming people's property and controlled by the state. 8. Varieties resulting from nourishment are vancUes re· suiting from nounstlment of plants. 9. Naming of varieties given PVT is an activity t.o give name to variety to be requested for PVT to PVT Office as iden· tity of the relevant variety. 10.Naming of variety not given PVT is an activity to give name to local variety and variety resulting from nour ishment not given PVT, as identity of the relevant vari­ ety and fulfill the legal requirements for obtaining eco­ nomic benefit for the owner. 11. Registration of variety is an activity to register an activity for the interest of collection of data on local variety, released variety and variety resulting from nourishment, which is not released, as well as data on legal relations between the said variety and the owner and/or user. l 2. Minister is the Minister of Agriculture. Ll. Day is working day. CH/\P I !::.R II PRODUCTION OF ESSENTIAL DERIVATIVE VARIETIES Article 2 ( 1) Production of essential derivative varieties from original varieties must meet two requirements: a. through certain selection methods; and b. characteristic of original varieties is still maintained. (2) The certain selection methods as meant in paragraph (1) letter a includes: a. natural mutation; b. induction mutation; c:. 111cjividual selection of the existing varieties; d. reverse hytmd; e. somaklonal variation; and/or f genetic engineering. ( 3) The characteristic of original varieties which can be main­ tained as meant in paragraph (1) letter b is 70% (sev­ enty percent) at the minimum. ( 4) Further provisions on the selection methods as meant in paragraph (2) and procedures for calculation of per­ centage of characteristic of original varieties as meant in paragraph (3) are stipulated by the Minister by ob­ serving recommendations and considerations of 1nst1tu­ tions concerned. Article 3 ( 1) Original varieties used for producing essential deriva­ tive varieties can be in the form of: a. local varieties; b. varieties resulting from nourishment, whether given PVT or not. (2)The local varieties or varieties not given PVT as meant in paragraph ( 1) must be named and registered first by Business News 7090-7091/28-7-2004 PVT Office before they are used as original varieties for producing essential derivative varieties. CHAPTER lII NAMING, REGISTRATION AND USE OF LOCAL VARIETIES TO PRODUCE ESSENTIAL DERIVATIVE VARIETIES Part One Naming and Re91strat1on Article '1 Naming of local varieties must meet \rlC roliow1nq requirements: a. reflecting identities of the said local varieties; b. not confusing characteristic, value or identity of a local variety; c. not already used for name of the existing variety; d. not using name of famous people; e. not using name of nature; f. not using state symbol; and/or g. not using trade mark for goods and services resulting from substances of propagation, such as seed or sub· stances resulting from other variety, plant transport and rental service. Article 5 ( 1) Regents/mayors or governors acting for and on behalf as well as representing interests of communities own­ ing local varieties in their respective regions give names of local varieties on the basis of the naming require· ments as meant in Article 4. (2) Regents/mayors or governors register local varieties al­ ready given name to PVT Office. (3) PVT Office registers the local varieties as meant ,n para. graph (20 in the PVT General List 1n a period not more than 30 (thirteen) days as from the registration is con veyed by the regents/mayors or governors. ( 4) In the case of name of local varieties being not ,n accord· ance with the requirements as meant in Article 4, PVT Office recommends the improvement of the name of the local varieties in writing in a period not later than 30 (thirteen) days as from the registration is conveyed by the regents/mayors or governors. ( 5) In the case of in the period not later than 3 (three) months .. . . , months as from the date of recommendation about the improvement of name of local varieties from PVT Office as meant in paragraph ( 4 ), regents/mayors or gover­ nors not responding, the registration is considered with­ drawn. Article 6 PVT Office announces the naming and registration of iocal varitics as meant in Article :i in PVT Gazette. Article 7 PVT Office names and registers local varieties whose geographical distribution covers inter-province as well as announces them in PVT Gazette. Article 8 Further provisions in the naming and registration of local varieties as meant in Articles 5, 6 and 7 are stipu­ lated by the Minister. Part Two Usage Article 9 ( 1) Everybody or statutory body planning to use a local va­ riety as original variety for producing essential deriva­ tive variety is obliged to make an agreement first with regents/mayors, governors or PVT Office representing mterests of communities ownin9 the local variety. (2) !he agreement as meant in paragraph (1) must be made before notary. ( 3) The agreement as meant in paragraph ( 1) at least must contain the following provisions: a. name and address or domicile of people or statutory body producing essential derivative varieties· I b. rights and obligations of parties; c. method of settlement of dispute possibly arising be­ tween the parties. ( '1) The agreement as meant in paragraph ( l) can regulatP compensation for communities owning original variet 1es obtained from essential derivative varieties having basic substance of local varieties. Article 10 ( J) In the case of the agreement as meant in Article g regu Business News 7090-7091/28-7-2004 lating compensation for communities owning local va rieties, the compensation is used for: a. enhancing welfare of communities owning the local varieties; and b. conservation of the local varieties and preservation of microorganisms ih locations of the local variet­ ies. (2) Regents/mayors, governors or PVT Office represent­ ing interests of communities owning local varieties implement the use of compensation as meant in para­ graph (I) Article 11 If essential derivative varieties whose original va­ rieties come from local varieties are requested for PVT to PVT Office, in addition to the copy of the agreement as meant in Article 10, other documents required for appli­ cations for PVT must be enclosed. CHAPTER IV NAMING, REGISTRATION AND USE OF VARIETIES RESULTING FROM NOURISHMENT FOR PRODUCING ESSENTIAL DERIVATIVE VARIETIES Part One Naming and Registration Article 12 ( 1) !:very variety resulting from nourishment, which will be used as original varieties for producing essential derivative varieties must be given names which consti­ tute identities of the said varieties. (2)The naming of varieties resulting from nourishment as meant in paragraph (1) must meet the following re­ quirements: a. reflecting identities of the said local varieties; b. not confusing characteristic, value or identity of a local variety; c, not already used for name of the existing variety; d. not using name of famous people; e. not using name of nature; f. not using state symbol; and/or g. not using trade mark for goods and services result­ ing from substances of propagation, such as seed or substances resulting from other variety, plant transport and rental service. Article .... Article 13 ( I )Owners of varieties resulting from nourishment to be used as original varieties for producing essential de­ rivative varieties must be given names of the varieties by fulfilling the requirements as meant in Article 12 paragraph (2). (2)The owners of varieties resulting from nourishment as meant in paragraph ( 1) register varieties resulting from their nourishment to PVT Office. ( 3 )PVl Office registers varieties resulting from nourish­ ment in the PVT General List in a period not later than 30 (thirty) days as from the date when the registration ,s conveyed by owners of vanct:Ies resulting from nour ishmcnt. ( 4) In the case of names of varieties resulting from nour­ ishment being not in accordance with the requirements as meant in Article 12 paragraph (2), PVT Office rec­ ommends the improvement of the names of varieties resulting from nourishment in writing in a period not later than 30 (thirty) days as from the date when the registration is conveyed by owners of varieties result­ ing from nourishment. ( S )In the case of in the period not later than 3 (three) months as from the date of recommendation about the improvement of name of varieties resulting from nour· 1shmcnt: from PVT Off!Cc as meant ih paragraph (4), owners of varieties resulting from nourishment not re· sponding, the registration is considered withdrawn. /l.rt1clc 14 PVT Office announces the naming and registra·­ l1on of varieties resulting from nourishment as meant in Article 13 in PVT Gazette. Article 15 Furtt1er provisions in the naming and registration ~if as meant in Articles 12, 13 and 14 are stipulated by the Minister. Part rwo U sage Article 16 ( 1) Fverybody or statutory body planning to use varieties resulting from nourishment for producing essential de rivative variety is obliged to make an agreemer,t first with owners of the varieties resulting from nourish­ ment. ( 2) The agreement as meant in paragraph ( 1) must be made before notary. (3)The agreement as meant in paragraph (1) at least must contain the following provisions: a. name and address or domicile of parties; b. rights and obligations of parties; c. method of settlement of dispute possibly arising be tween the parties. ( 4) The agreement as meant in paragraph ( 1) can regu late compensation for owners of varieties resulting from nourishment. (S)In the case of owners of varieties resulting from nour ishment being not nourishers of the varieties, the agree­ ment as meant in paragraph (1) must continue guar­ anteeing rights of the nourishers to obtain adequate compensation by observing economic benefits which can be obtained from the essential derivative variet­ ies. Article 17 If the essential derivative varieties having ongI nal varieties of varieties resulting from nourishment arc requested for PVl to PVT Office, in addition to the copy of the agreement as meant in Article 16, other documents required for applications for PVT must be enclosed. CHAPTER V PVT DOCUMENTATION SYSTEM AND INFORMATION NETWORK Article 18 ( 1) PVT Office executes PVT documentation system and information network in interests of naming and regis· tration of varieties throughout Indonesia, both local varieties and varieties resulting from nourishment given and not given PVT. (2) The PVT documentation system and information net­ work as meant in paragraph ( 1) cover data and infor­ mation on local varieties existing throughout Indone­ sia and regional government institutions representing interests of communities owning local varieties, as well as data and information on varieties resulting from nourishment, whether given PVT or not. D) 1 he data and information on local varieties as meant In paragraph (2) include names of varieties, shape of plants, growth of plants, stern, leaf, flower, fruit, seed, special characteristics, growth habit, geographical dis· tribution, picture and/or photo, communities owning local varieties and date of registration. ( 1) The data and information on varieties resulting from nounshment as meant in paragraph (2) include names of varieties, shape of plants, growth of plants, stem, leaf, flower, fruit, seed, origin of varieties, growth habit, p;cture and/or photo made In c.1cscr1ption, names of owners, nounshers, nourishment methods, moment of nourishment and date of regIstratIon. Article 19 Everybody or statutory body needing the infor· :nation on varieties as meant in Article 18 can ask them from PVT Office. CHAPTER VI TRANSITIONAL PROVISION Article 20 With the enforcement of this government regula­ tion, the naming in the framework of ~clease of varieties submitted to the National Seed Agency and not yet secur­ ing decision on release is based on the provision in this government regulation. CHAPTER VII CONCLUSION Article 21 Technical directives for Government Regulation No. 44/1995 on plant seedling related to naming of varieties are declared null and void. Article 22 The government regulation comes into force as from the date of promulgation. For public cognizance, the government regulation shall be promulgated by placing it in Statute Book of the Republic of Indonesia. Stipulated in Jakarta On March 17,2004 THE PRESIDENT OF THE REPUBLIC OF INDONESIA sgd MEGAWATI SOEKARNOPUTRI Promulgated In Jakarta On March 17,2004 THE STATE SECRETARY OF THE REPUBLIC OF INDONE­ SIA sgd BAMBANG KESOWO STATUTE BOOK Ol·· 1HE REPUBLIC OF INDONFSIA YEAR 2004 NO. 30 ELUCIDATION ON GOVERNMENT REGULATION NO. 13/2004 CONCERNING NAMING, REGISTRATION AND USE OF ORIGINAL VARIETIES FOR PRODUCING ESSENTIAL DERIVATIVE VARIETIES I. GENERAL !:fforts to enhance cornpetItIvencss of plants are executed by means of, among others, enhancement of pro­ ductivity and quality through improvement of genetic po­ tentials of plant varieties. In relation thereto, nourishment ·resulting new superior varieties needs to be encouraged by giving incentives to people or statutory bodies under· taking business activities in the said field. Efforts to accelerate assemble of a superior vari­ ety are done by producing essential derivative varieties through the enhancement of the added value of a varict; by supplementing one or several superior charactenst1cs through natural mutation, induction mutation, sornaklonal variety, individual selection of plant, reverse bybnd and transformation with genetic engineering from local variet ,es. Original varieties for producing essential deriva­ tive varieties can be in the form of varieties secur ing and not securing plant variety protection (PVT) but already given name and registered by the government. Varieties not securing PVT can be in the form of local varieties and varieties resulting from nourishment. The use of original varieties for producing essen­ tial derivative varieties must secure approval from the own­ ers and in the agreement, the sharing of economic ben­ efits of the use of the essential derivative varieties must be regulated. The approval of the use of local varieties basically constitutes right and authority of communities owning a variety. Yet, since members of the community arr. numerous, difficult to identify and frequently do not understand their right and methods to secure the rights, regents/mayors or governors whose regions cover loca­ tion of a variety for and on behalf and in interests of com­ munity owning a local variety give approval to persons or statutory bodies planning to use the local variety as origi­ nal variety in the production of essential derivative variety as the form of a written agreement. In order to facilitate th.e verification, the written agr~ement must be made in the form of a notary deed. Compensation which must be given by persons or statutory bodies making essential derivative varieties for communities owning local varieties with regard to eco­ nomic: benefit obtained from the esse11tial derivative vari . ety can be stipulated in the agreement. The compensa­ tion is used for enhancing welfare of the said community and conservation of the local variety in situ or ex situ. The principle of granting of compensation for eco­ nomic benefits of essential derivative varieties having origi­ nal variety of local variety also applies to essential deriva­ tive varieties having original varieties of varieties result­ ing from nourishment. By obtaining the compensation for economic ben-. cfits of the use of essential derivative varieties made from varieties resulting from nourishment, persons or statutory bodies undertaking nourishment obtain compensation for result of their work. Such a situation will motivate nourishers to be more productive to result in new superior variety, which in due time, will be able to enhance welfare of the Indonesian people. Business News 7090-7091/28-7-2004 In a bid to enable owner of a local variety or va riety resulting from nourishment used as original variety for producing essential derivative variety to obtain com· pensation for economic benefits obtained from the use of the essential derivative variety, the local variety and vari­ ety resulting from nourishment must be named and regis­ tered first. II. ARTICLE BY ARTICLE Article 1 Sufficiently clear Article 2 Paragraph ( 1) Sufficiently clear Paragraph (2) The current methods of production of essential derivative varieties from original varieties include natural mutation, induction mutation, individual selection of the existing varieties, reverse hybrid, somaklonal variation or genetic engineering. Following the progress of science and technology, other new methods are possible to use in the future. Natural mutation means spontaneous mutation. lnduct,on mutation means mutation arising from irradiation, physics and chemical treatment. Individual selection of the existing varieties means selection to obtain individuals with certain characteristics from a variety. Somaklonal variation means variation arising from the use of multiiplication of plants in invitro media. Reverse hybrid means repeating hybrid by using varieties as repeating parent. Genetic engineering is insertion of one character or more through recombined DNA (Deoxyribose Nucleic Acid) technology. Paragraph (3) A variety can be called essential derivative vari· ety if the variety results from assemble of original variety by using certain selection in such a way so that the variety maintains at least 70% of the expression of characteris­ tics of the original variety. Paragraph (4) In order to cJct.crm1nc t.he calculat1011 of percent age ()f the same characteristics between essential deriva­ tive variety and original variety, a list of characteristics as identities of every plant related to the granting of PVT right is needed. In a bid to ensure the same tool and method of comparison, the quantity and list of characteristics of plants need to be stipulated. The institutions concerned include the National Atomic Energy Board for method of selection by induction mutation using irradiation of gamma ray, and the Biologi­ cal and Food Security Commission for method of selection by genetic engineering. Article 3 Paragraph ( 1) letter a Local varieties include Indonesian original variet­ ies and varieties coming from other countries but already cultivated by farmers and becoming property of local com­ munities from generation to generation. Letter b Since PVT is a law of choice, owners of varieties resulting from nourishment can determine directly whether their varieties are requested for PVT or not. Paragraph (2) If varieties resulting from nourishment are to be requested for PVT or to be used as original vari.eties for producing essential derivative varieties, the varieties must be named and registered first by PVT Office. Article 4 The naming of local varieties must reflect identi­ ties of the local varieties. In relation thereto, the naming should not cause confusion or misleading in connection with characteristics, value or identities of the varieties, for in­ stance, the shape of plant of the variety is shorter than other varieties of the same species, but it is named "Si .Jangkung". The naming causes confusion. In addition, if there has been a name, e.g. "Si Jangkung Putih" for rnelati variety, later another melati variety with characteristics nearly the same but flower corona collecting and recom­ mended for having the same name, namely "Si Jangkung Putih", the naming is not permitted. fhe naming of a variety by name of famous people 1s not allowed, unless otherwise securing approval from the 13usiness News 7090-7091/28-7-2004 relevant persons or heirs, such as "Soekarno Merah" for a mawar variety whose flower is light red. Article ·s Paragraph ( 1) Representation of interests of communities own­ ing local varieties are determined on the basis of geographic distribution of the local varieties, namely in the case of a local variety being located in a regency/city, the local re­ gent/mayor represents the interest, and in the case of a variety being located in more than one regency/city in one a province, the local governor represents the interest, while PVT Office represents the interest if location of a local vari­ ety is inter-provincial. The representation of interests of communities owning a local variety starts from the naming of local vari­ ety. Paragraph$ (2) and (3) Sufficiently dear Paragraph (4) The recommendation about the improvement of naming of local varieties is conveyed with a view of assist­ ing the naming to be in accordance with the requirements as meant in this government regulation. Paragraph (5) Since the naming of local varieties having geo­ graphical distribution in one regency/regency constitutes responsibility of regents/mayors and having geographical distribution inter-provincial constitutes responsibility of governor, PVT Office is waiting. In the case of governor not giving response after the opportunity to improve the naming in accordance the recommendation of PVT Office, for the purpose of legal certainty, it needs a legal assumption that the registration of the local variety is withdrawn. Article 6 PVT Gazette constitutes a media of provision of information on varieties in the form of printed matter pub­ lished periodically by PVT Office in fulfilling the principle of publicity. Articles 7 and 8 Sufficiently clear Article 9 Paragraph {1) See elucidation on Article 5 paragraph ( 1) Paragraph (2) The provision solely aims at facilitating verifica­ tion. Paragraphs ( 3) and ( 4) Sufficiently clear Article 10 Local varieties are microorganisms whose conser­ vation needs to be managed and maintained. In relation thereto, compensation obtained from economic benefit of the use of essential derivative varieties having basic sub­ stanc;e of local varieties must be used for not only en­ hancing welfare of communities owning the local variet­ ies, such as provision of production facilities and infra­ structure, but also efforts to conserve of the local variet­ ies, such as the development of mIcroorgarusm banks. It also applies to local varieties which are no longer found in the original areas because of certain causes but preserved in other regions, if the local varieties are used for producing essential derivative varieties. Excessive exploitation of natural resources or uni­ form variety development in a broad scale, such as the clearing of forest areas saving microorganisms to be con­ verted into plantation, with certain kinds of plants, can make a local variety no longer found in the original area. The absence of the local variety in the original area is not attributable fully to mistake of communities in the original ar~a, but rather caused by external factor and beyond ca­ pability of the community to maintain it. For example, va­ riety of black orchid is increasingly rare in Kalimantan be­ cause forests being habitat of the plant are exploited excessively. In the case, someone or statutory body may view the existence of the local variety as collection or hobby. In the case of local varieties being used for pro­ ducing essential derivative varieties, the economic benefit earned from the use of the local varieties for producing essential derivative varieties must be given to origin<;1I re­ gion~ of the varieties for interests of welfare of the local communities and conservation of the said varieties. Business News 7090-7091/28-7-2004 Article 11 The other documents required for applications for PVA are, for example, name and address or domicile of person or statutory body submitting application for PVT and identities of local varieties as original varieties for producing essential derivative varieties, which are required in the applications for PVT on the basis of the law in force. Article 12 Paragraph ( 1) The provision constitutes elaboration of the pro vision in Article 6 paragraph (6) of Law No. 29/2000 on plant variety protection. Paragraph (2) See elucidation on Article 4. Article 13 Paragraph (1) up to paragraph (3) Sufficiently clear Paragraph ( 4) The recommendation about the improvement of the naming of varieties resulting from nourishment is con­ veyed to ensure the naming in accordance with the re­ quirements as regulated in this government regulation. Paragraph (5) Since the naming of varieties resulting from nour­ ishment constitutes responsibility of owners .of the variet­ ies, PVT office is in a waitiQg position. ln the case of owners of the varieties not giving response after the opportunity to improve the naming in accordance the recommendation of PVT Office, for the pur­ pose of legal certainty, it needs a legal assumption that the registration of the local variety is withdrawn. Articles 14 and 15 Sufficiently clear Article 16 Paragraph ( 1) A variety resulting from nourishment can be given PVT or not, dependent on the owner. Even though a variety resulting from nourishment is not given PVT, since essen · tial derivative variety having basis substance of variety resulting from nourishment only supplements one or sev­ eral new characteristics to the characteristics of the vari­ ety resulting from nourishment, the use of variety result­ ing from nourishment as basic substance of essential de­ rivative variety must give comparable appreciation to the owner of variety resulting from nourishment. In rela­ tion thereto, people or statutory bodies planning to use varieties resulting from nourishment as original varieties for producing essential derivative varieties must make an agreement first with the owners of the original varieties. Paragraph (2) The provIsIon solely aims at facilitating verifica­ tion. Paragraphs (3) and (4) Sufficiently clear Paragraph (5) The nourisher right constitutes a right guaranteed by Law No. 29/2000 on plant variety protection, particu­ larly Article 8. Article 17 The other documents required for applications for PVA are, for example, name and address or domicile of person or statutory body submitting application for PVT and identities of varieties resulting from nourishment as original varieties for producing essential derivative variet­ ies, which are required in the applications for PVT on the basis of the law in force. Article 18 Paragraph (1) The PVT documentation system and information network is organized by PVT Office by means of process­ ing data on local varieties throughout Indonesia, includ­ ing names of varieties, descriptions of varieties, special characteristics, pictures and/or pictures, geographical dis­ tribution, communities owning and representatives of in­ terests of the communities as well as date of naming and registration; data on varieties resulting from nourishment including names of varieties, names of owners and/or nourishers, nourishment methods, moment of riourishment, description of varieties, sources as well as pictures and/or photos and data on varieties given PVT through both ordi Business News 7090-7091/28-7-2004 nary applications or application with priority. The data are processed in a computerized manner and always renewed as well as accessible by whomever needing them. Paragraph (2) The development of data and information on lo­ cal varieties is needed to ascertain identity of every local variety and community owning local variety as well as gov­ ernment institution representing interest of the commu­ nity. The development of data an? information on va­ rieties resulting from nourishment is needed to ascertain identity of every variety resulting from nourishment, es­ pecially for varieties to be requested for PVT and to be used as. original varieties for producing essential deriva­ tive varieties as well as legal relations between the variet­ ies and holders of the PVT right. Paragraphs {3) and ( 4) Sufficiently clear Article 19 Sufficiently clear Article 20 The naming of varieties by the previous systems before the enforcement o.t this government regulation was already applied to many varieties and known widely by communities using the said varieties so as to result in dif­ ficulties if they are changed promptly on the basis of this government regulation. Article 21 Based on the consideration as meant in elucida­ tion on Article 20, new provisions on the naming of variet­ ies based on this government regulation are only applied to new varieties before the enforcement of this regula­ tion. Article 22 Sufficiently clear SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA NO. 4375 ==(Al)===