AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES, ESTABLISHING
A NATIONAL PLANT VARIETY PROTECTION BOARD AND FOR OTHER PURPOSES
SECTION 1. Short Title. — This Act shall be known and cited as the
"Philippine Plant Variety Protection Act of 2002." DcCASI
SECTION 2. Statement of Policies. —
- The State recognizes that an effective intellectual property system
in general and the development of new plant variety in particular is
vital in attaining food security for the country. To this end, it shall
protect and secure the exclusive rights of breeders with respect to
their new plant variety particularly when beneficial to the people for
such periods as provided for in this Act.
- The use of intellectual property bears a socio-economic function.
To this end, the State shall promote the diffusion of technology and
information for the promotion of national development and progress for
the common good.
- The State recognizes the indispensable role of the private sector,
encourages the participation of private enterprises and provides incentives
to needed investments in the development of new plant varieties.
- The State recognizes that science and technology are essential for
national development and promotes the adaptation of technology and knowledge
from all sources for the national benefit. The State also recognizes
the need to protect and secure the exclusive rights of scientists and
other gifted citizens to their intellectual property and creations.
- The State, while recognizing intellectual property rights in the field
of agriculture, does so in a manner supportive of and not inconsistent
with its obligation to maintain a healthful ecology in accord with the
rhythm and harmony of nature.
SECTION 3. Definitions. —
- "Applicant" means the breeder who applies for the grant
of a Certificate of Plant Variety Protection
- "Board" means the National Plant Variety Protection Board
created by this Act. It shall also refer to the National Seed Industry
Council during the transition period from the effectivity of this Act
up to the time the said Board has been organized and operating. IcCDAS
- "Breeder" means:
- The person who bred, or discovered and developed a new plant variety;
- The person who is the employer of the aforementioned person or
who has commissioned the work; or
- The successors-in-interest of the foregoing persons as the case
may be; or
- The holder of the Certificate of Plant Variety Protection
- "Certificate of Plant Variety Protection" means the document
issued by the Board pursuant to this Act for the protection of a new
- "Commission" means to engage the services of a person to
develop new plant varieties in exchange for monetary or any material
- "Harvested material" means any part of a plant with potential
economic value or any product made directly therefrom in proper cases.
- "Holder" means a person who has been granted a Certificate
of Plant Variety Protection or his successors-in-interest.
- "Person" includes natural persons and juridical persons.
- "Plant" includes terrestrial and aquatic flora.
- "Plant Variety Protection (PVP)" means the rights of breeders
over their new plant variety as defined in this Act.
- "Propagating material" means any part of the plant that
can be used to reproduce the protected variety.
- "Regulations" mean the rules and regulations promulgated
by the Board for the purpose of implementing the provisions of this
- "Variety" means a plant grouping within a single botanical
taxon of the lowest known rank, that without regard to whether the conditions
for plant variety protection are fully met, can be defined by the expression
of the characteristics resulting from a given genotype or combination
of genotypes, distinguished from any other plant groupings by the expression
of at least one (1) characteristic, and considered as a unit with regard
to the suitability for being propagated unchanged. A variety may be
represented by seed, transplants, plants, tubers, tissue culture plantlets,
and other forms. acHITE
Conditions for the Grant of the Plant Variety Protection
SECTION 4. The Certificate of Plant Variety Protection shall be granted
for varieties that are:
- Uniform; and
SECTION 5. Newness. — A variety shall be deemed new if the propagating
or harvested material of the variety has not been sold, offered for sale
or otherwise disposed of to others, by or with the consent of the breeder,
for purposes of exploitation of the variety;
- In the Philippines for more than one (1) year before the date of filing
of an application for plant variety protection; or
- In other countries or territories in which the application has been
filed, for more than four (4) years or, in the case of vines or trees,
more than six (6) years before the date of filing of an application
for Plant Variety Protection.
However, the requirement of novelty provided for in this Act shall not
apply to varieties sold, offered for sale or disposed of to others for
a period of five (5) years before the approval of this Act: Provided,
That application for PVP shall be filed within one (1) year from the approval
of this Act.
SECTION 6. Distinctness. — A variety shall be deemed distinct if
it is clearly distinguishable from any commonly known variety. The filing
of an application for the granting of a plant variety protection or for
the entering of a new variety in an official register of variety in the
Philippines or in any country, shall render the said variety a matter
of public knowledge from the date of the said application: Provided, That
the application leads to the granting of a Certificate of Plant Variety
Protection or the entering of the said other variety in the official register
of variety as the case may be.
SECTION 7. Uniformity. — The variety shall be deemed uniform if,
subject to the variation that may be expected from the particular features
of its propagation, it is sufficiently uniform in its relevant characteristics.
SECTION 8. Stability. — The variety shall be deemed stable if its
relevant characteristics remain unchanged after repeated propagation or,
in the case of a particular cycle of propagation, at the end of each such
SECTION 9. Variety Denomination. — The variety shall be designated
by a denomination which shall be its generic description. In particular,
it must be different from any denomination that designates an existing
variety of the same plant species or closely related species.
SECTION 10. Right of Priority over Denomination. — The use of a
denomination shall not be granted to a breeder if such denomination has
already been registered to another breeder or is being used by a third
party in relation to the sale or offering for sale of a particular variety
prior to the filing date or priority date of an application for a Certificate
of Plant Variety Protection. In case two (2) or more breeders/applicants
apply for the registration of the same denomination, the breeder/applicant
who has the earliest filing date or priority date shall have the right
to register the same to the exclusion of the other applicant/breeder(s).
SECTION 11. Figures as Denomination. — The denomination must enable
the variety to be identified. It may not consist solely of figures except
when it is an established practice for designating such a variety.
SECTION 12. Misleading Denomination. — No denomination shall be
accepted if it is liable to mislead or to cause confusion concerning the
characteristic value or identity of the variety or identity of the breeder.
SECTION 13. Refusal of Denomination. — If the denomination does
not satisfy these requirements, its registration shall be refused and
the breeder shall be required to propose another denomination within a
prescribed period. The denomination shall be registered together with
the grant of the breeder's right.
SECTION 14. Denomination Used in an Application Previously Filed Abroad.
— An application filed in this country, the subject matter of which
is the same as that of an application previously filed abroad, shall use
the same denomination as the latter. However, if such denomination does
not conform to the provisions of this Title, the applicant/breeder shall
be required to submit a new denomination.
SECTION 15. Obligation to Use Denomination. — Any person, who offers
for sale or markets in the Philippines, propagating material of a variety
protected, shall be obliged to use the denomination of that variety, even
after the expiration of the breeder's right therefor except when the rule
of prior rights apply.
SECTION 16. Use of Marks. — When a protected variety is offered
for sale or marketed, it may be associated with a trademark, trade name
or other similar indication with a registered denomination. If such an
indication is so associated, the denomination must nevertheless be easily
Applicants to a Plant Variety Protection
SECTION 17. Entitlement. — Any breeder, with respect to the variety
developed, may apply for a plant variety protection and obtain a Certificate
of Plant Variety Protection upon compliance with the requirements of this
SECTION 18. Co-ownership of the Right. — If two (2) or more persons
contribute to the development of a new plant variety, all of them shall
be named in the Certificate of Plant Variety Protection and shall be entitled
to such rights as agreed upon in writing or in the absence thereof, the
rights in proportion to their contribution in the development of plant
SECTION 19. Employee-Employer Relationship. — In case an employee
develops a plant variety in the course of his employment as a result of
the performance of his regular duty, the plant variety protection shall
belong to the employer, unless there is a written stipulation to the contrary.
SECTION 20. First to File Rule. — If two (2) or more persons develop
a new plant variety separately and independently of each other, the Certificate
of Plant Variety Protection shall belong to the person who files the application
first. In case two (2) or more persons file an application for the same
plant variety, the right shall be granted to the person who has the earliest
filing date or priority date.
SECTION 21. Priority Date. — Any application for a Certificate of
Plant Variety Protection previously filed by a breeder in another country,
which by treaty, convention or law affords similar privileges to Filipino
citizens, shall be considered as filed locally as of the date of filing
of the foreign application: Provided, That:
- The local application expressly claims priority;
- It is filed within twelve (12) months from the filing date of the
earliest foreign application; and
- The applicant submits, within six (6) months from the filing of the
local application, authenticated copies of documents which constitute
the foreign application, samples or other evidence showing that the
variety which is being applied for protection is the same variety which
has been applied for protection in a foreign country.
SECTION 22. Foreign Nationals. — For purposes of this Act, a person
shall be considered a national of a foreign country if he is a citizen
of such country according to its laws, a natural person residing therein,
or is a legal entity whose office is registered in such foreign country.
SECTION 23. National Treatment. — Any application filed locally
for a Certificate of Plant Variety Protection previously granted to a
breeder in another country, which by treaty, convention or law affords
similar privileges to Filipino citizens, shall be issued a Certificate
of Plant Variety Protection upon payment of dues and compliance to all
the provisions of this Act. This Act shall also apply to the nationals
of foreign countries that are members of intergovernmental organizations
or party to any multilateral agreement or convention concerning the granting
of intellectual property protection to plant varieties. CSDcTH
Examination of the Application and Issuance of PVP Certificate
SECTION 24. Contents of the Application. — An application for a
Certificate of Plant Variety Protection shall be filed in the manner and
on the conditions prescribed in the regulations, and shall include:
- Name of the applicant/breeder;
- Address of the applicant/breeder in the Philippines;
- Name of resident agent and address in the Philippines;
- The description of the variety and particulars of the variety bred,
including particulars of its characteristics;
- The variety denomination;
- Samples of propagating materials, which are the subject of the application;
- Any other particular required by the regulations.
SECTION 25. Right of the Applicant to File the Application. — If
the applicant is not the actual breeder, he shall indicate in his application
the basis for his right to file the application.
SECTION 26. Contents of the Description and Order of Presentation. —
The Board shall issue rules and regulations stipulating the contents of
the description and the order of presentation.
SECTION 27. Other Information Required. — The applicant shall be
required by the Board to furnish information regarding any application
filed by him in other countries including all pertinent documents relating
thereto. If the applicant has successfully claimed priority according
to this Act, he shall be given a period of two (2) years from the priority
date to comply with the requirements of this Section.
SECTION 28. Manner of Conducting Tests. — The Board may carry out
the necessary tests, cause the conduct of tests, or consider the results
of other tests or trials that have already been done. For this purpose,
the Board shall require the applicant to furnish all the necessary information,
documents or materials within a period of time prescribed in the regulations.
SECTION 29. Filing Date. — For purposes of according a filing date,
the Board shall consider, as a minimum requirement, all of the above enumerated
items in Section 24 hereof. SIcCTD
SECTION 30. Publication of the Application. — After the Board has
accorded a filing date, the application shall be published within sixty
(60) days at the expense of the applicant in the Plant Variety Gazette
hereunder described in Section 73.
Prior to such publication, the application and all related documents shall
not be made available to the public without the written consent of the
After publication of the application, any person may inspect the application
documents in a manner to be prescribed by the Board.
SECTION 31. Opposition to the Grant of Plant Variety Protection. —
Any person who believes that the applicant is not entitled to the grant
of the Certificate of Plant Variety Protection may file an opposition
thereto within the period prescribed by the Board from the date of its
publication and before the issuance of the Certificate of Plant Variety
Opposition to the application may be made on the following grounds:
- that the person opposing the application is entitled to the breeder's
right as against the applicant;
- that the variety is not registrable under this Act.
SECTION 32. Issuance of the Certificate. — When the Board has tested
and examined the variety, and/or considered the supporting materials and
literature pertinent thereto, it shall issue a Certificate of Plant Variety
Protection. A notice of such issuance shall be published in the manner
to be prescribed in the regulations at the expense of the holder.
SECTION 33. Term of Protection. — For trees and vines, the period
of protection shall be twenty-five (25) years from the date of the grant
of the Certificate of Plant Variety Protection and twenty (20) years from
the said date for all other types of plants, unless declared void ab initio
or cancelled otherwise, as provided under Sections 61 and 62, respectively
of this Act.
SECTION 34. Annual Fees. — To maintain the validity of the Certificate
of Plant Variety Protection, the holder shall pay an annual fee to be
prescribed by the Board. Annual fees shall be paid starting from the fourth
anniversary of the issuance of the certificate and every year thereafter
within the first three (3) months of said years. The holder has the option
to pay in advance this annual fee for a maximum of twenty (20) years.
The Certificate of Plant Variety Protection shall expire and cease to
have force and effect upon the holder's failure to pay the annual fees
within the prescribed period. A notice of such cancellation shall be published
in the Plant Variety Gazette one (1) year after the term of protection
has expired. Before such publication, any holder who fails to pay the
annual fees may request for a reinstatement of his certificate: Provided,
That he settles his unpaid accounts including surcharges to be determined
by the Board. aAEHCI
SECTION 35. Notice of Rejection. — Whenever an application is rejected,
the Board shall immediately inform the applicant on the grounds therefor,
and when applicable, identify and provide the documents used as the basis
- Reconsideration — Within two (2) months from the receipt of
the rejection notice, the applicant may amend his application or traverse
the finding of the Board. The Board, in turn, may reverse its initial
finding or issue a final rejection within the same period.
- Appeal from the Notice of Rejection — The decision of the Board
is final except for anomalous circumstances involving the Board in which
case the applicant may appeal it to the proper court.
Rights of Holders
SECTION 36. Rights of Holders of Plant Variety Protection. — In respect
of the propagating materials, holders of a Certificate of Plant Variety
Protection shall have the right to authorize any of the following acts:
- Production or reproduction;
- Conditioning for the purpose of propagation;
- Offering for sale;
- Selling or other marketing;
- Importing; and
- Stocking for any purpose mentioned above.
SECTION 37. The holder may make his authorization subject to conditions
SECTION 38. Acts in Respect of Harvested Materials. — Except for
Sections 43 and 44 of this Title, the rights in the two (2) preceding
sections shall also extend to the harvested materials which may be the
entire plant or its other parts, if the production thereof resulted directly
from the unauthorized use of the plant's propagating materials that are
covered by this Act, unless the holder has had the reasonable opportunity
to exercise his right in relation to the said propagating materials. TSEHcA
SECTION 39. Coverage of Protection. — The rights of holder under
Sections 36 and 38 of this Act shall also apply in relation to:
SECTION 40. Essentially Derived Varieties. - For the purpose of paragraph
39(a), a variety shall be deemed to be essentially derived from the initial
- Varieties which are essentially derived from the protected variety,
where the protected variety is not itself an essentially derived variety;
- Varieties which are not clearly distinct from the protected variety;
- Varieties whose production requires the repeated use of the protected
- It is predominantly derived from the initial variety, or from a variety
that is itself predominantly derived from the initial variety, while
retaining the expression of the essential characteristics that result
from the genotype or combination of genotypes of the initial variety;
- It is clearly distinguishable from the initial variety; and
- Except for the differences which result from the act of derivation,
it conforms to the initial variety in the expression of the essential
characteristics that result from the genotype or combination of genotypes
of the initial variety.
SECTION 41. Manner of Developing Essentially Derived Varieties. —
It shall also be understood that essentially derived varieties may be
obtained through processes which may include, but not limited to, the
selection of a natural or induced mutant, or of a somoclonal variant,
the selection of a variant individual from plants of initial variety,
backcrossing or transformation by genetic engineering. Genetic engineering
shall be understood as the introduction of genes by laboratory techniques.
SECTION 42. Provisional Protection. — An applicant for a Certificate
of Plant Variety Protection shall be entitled to equitable remuneration
from any person who, during the period between the publication of the
application for the certificate and the grant of that certificate, has
carried out acts which, once the certificate is granted, require the holder's
authorization as conferred in this Act: Provided, That the applicant shall
initiate the legal action against the alleged infringer within two (2)
years from the date of the granting of his Certificate of Plant Variety
SECTION 43. Exceptions to Plant Variety Protection. — The Certificate
of Plant Variety Protection shall not extend to:
- Acts done for non-commercial purposes; TEHIaA
- Acts done for experimental purposes;
- Acts done for the purpose of breeding other varieties, except when
Sections 39 and 40 apply; and
- The traditional right of small farmers to save, use, exchange, share
or sell their farm produce of a variety protected under this Act, except
when a sale is for the purpose of reproduction under a commercial marketing
agreement. The Board shall determine the condition under which this
exception shall apply, taking into consideration the nature of the plant
cultivated, grown or sown. This provision shall also extend to the exchange
and sale of seeds among and between said small farmers: Provided, That
the small farmers may exchange or sell seeds for reproduction and replanting
in their own land.
SECTION 44. Exhaustion of Plant Variety Protection. — The Certificate
of Plant Variety Protection shall not extend to acts concerning any material
of the protected variety, or a variety covered by the provisions of Sections
39 and 40 hereof, which has been sold or otherwise marketed by the breeder
or with his consent in the Philippines, or any material derived from the
said material, unless it:
- Involves further propagation of the variety in question; or
- Involves the export of the variety, which enables the propagation
of the variety, into a country that does not protect the variety of
the plant genus or species to which the variety belongs, except where
the exported material is for final consumption purposes.
SECTION 45. Right of Attribution. — No Certificate of Plant Variety
Protection shall be issued without naming the breeder(s) unless this right
is protested in writing within one (1) year.
SECTION 46. Succession/Transmission. — The Certificate of Plant
Variety Protection shall be considered as a property right and the transmission
thereof shall be governed by the law on Property.
SECTION 47. What Constitutes Infringement. — Except as otherwise
provided in this Act, any person who without being entitled to do so,
performs the following acts:
SECTION 48. Where to Commence Action. — Any holder may petition the
proper regional trial court for infringement of his plant variety protection
as defined in this Act.
- Sell the novel variety, or offer it or expose it for sale, deliver
it, ship it, consign it, exchange it, or solicit an offer to buy it,
or any other transfer of title or possession of it; or
- Import the novel variety into, or export it from, the Philippines;
- Sexually multiply the novel variety as a step in marketing (for growing
purposes) the variety; or cHDAIS
- Use the novel variety in producing (as distinguished from developing)
a hybrid or different variety therefrom; or
- Use seed which had been marked "unauthorized propagation prohibited"
or "unauthorized seed multiplication prohibited" or progeny
thereof to propagate the novel variety; or
- Dispense the novel variety to another, in a form which can be propagated,
without notice as to being a protected variety under which it was received;
- Fails to use a variety denomination the use of which is obligatory
under Section 15; or
- Perform any of the foregoing acts even in instances in which the
novel variety is multiplied other than sexually, except in pursuance
of a valid Philippine plant patent; or
- Instigate or actively induce performance of any foregoing acts,
may be sued by the holder, who may also avail of all such relief as
are available in any proceeding involving infringements of other proprietary
SECTION 49. Presumption of Validity. — Certificates of Plant Variety
Protection shall be presumed valid and the burden of proof of their invalidity
shall rest on the party assailing them.
SECTION 50. Defenses Against Infringement Charges. — The following
shall be valid defenses against infringement charges:
SECTION 51. Notice. — No damages shall be awarded unless there is
actual or constructive notice made upon the alleged infringer. AacCHD
- The plant variety does not possess at the time of its application
criterion of novelty or distinctness;
- The alleged infringement was performed under a right adverse to it,
prior to the notice of infringement; and/or
- Other defenses that are made available under this Act.
SECTION 52. Damages. — The court may award actual, moral, exemplary
damages and attorney's fees according to a proven amount including a reasonable
royalty for the use of the protected variety.
SECTION 53. Injunction. — The court may also enjoin the infringer(s)
from further performing any act of infringement on the rights of the holder(s)
as defined in this Act.
SECTION 54. Court to Order Confiscation of Infringing Materials. —
Upon petition by the complainant, the court may order the confiscation of
infringing materials, and:
- Cause their distribution to charitable organization;
- Cause the sale and provide the proceeds thereof to research organizations;
- Cause the return to the petitioner for further scientific use
SECTION 55. Prescription. — No recovery of damages for any infringement
case shall prosper when the cause of action has reached more than six
(6) years from the time the alleged infringement case was committed.
SECTION 56. Criminal Penalty. — Any person who violates any of the
rights of the holder provided for in this Act may also suffer the penalty
of imprisonment of not less than three (3) years but not more than six
(6) years and/or a fine of up to three (3) times the profit derived by
virtue of the infringement but in no case should be less than One Hundred
Thousand pesos (P100,000.00).
SECTION 57. Grounds for the Grant of Compulsory Licensing. — Any
interested person may file a petition for compulsory license with the
Board at any time after two (2) years from the grant of the Certificate
of Plant Variety Protection under this Act when it is for the public interest
to grant such compulsory license, and:
SECTION 58. Scope of Compulsory License. - The Board, upon petition by any
interested party and upon proof of any of the foregoing grounds, may issue
- The reasonable requirements of the public for any part of the variety
are not met; or
- There is an overseas market for the sale of any part of the variety
and the same are not met by the holder; or
- The plant variety developed relates to or required in the production
of medicine and/or any food preparation.
SECTION 59. Duration of the License. - A compulsory license shall be effective
until the ground(s) for its issuance has been terminated as determined by
the Board motu proprio or upon petition by party or parties and resolution
by the Board.
- Allowing the petitioner to produce in commercial quantity and distribute
the variety protected or any part thereof, or DASEac
- Requiring the holder to ensure the availability of the propagating
materials of the variety protected; or
- Requiring the petitioner to pay the holder with license fees in the
form of reasonable royalties; and
- Other such additional remedies as the Board may determine to be consistent
with appropriate circumstances.
SECTION 60. Procedure for Grant. - The Board shall provide in the rules
and regulations the manner and procedure for granting compulsory licenses.
Cancellation and Nullity of Plant Variety Protection
SECTION 61. Grounds for Nullity. - The Certificate of Plant Variety Protection
shall be declared void ab initio on any of the following grounds:
- The grant of the Certificate of Plant Variety Protection was essentially
based upon information and documents furnished by the applicant, wherein
the conditions of distinctness, uniformity, stability, and newness were
not complied with at the time of the grant of the certificate; or
- The Certificate of Plant Variety Protection was granted to a person
who is not entitled to it, unless it is transferred to the person who
is so entitled. The effect of the declaration of nullity is that as
if the Certificate of Plant Variety Protection was not issued.
SECTION 62. Grounds for Cancellation. — The Plant Variety Protection
shall be cancelled on any of the following grounds:
- The breeder does not provide the required information, documents,
or materials necessary for verifying the maintenance of the variety;
- The breeder fails to pay the required fees to keep his or her rights
in force or provides false information in his or her application; or
- The breeder does not propose, within the time/period provided under
the regulations, another suitable denomination if the denomination of
the variety is cancelled after the grant of the Certificate of Plant
Variety Protection; or TSEAaD
- The conditions of uniformity and stability could not be maintained
although these were present at the time of the issuance of the Certificate
of Plant Variety Protection; or
- The breeder entitled to the Certificate of Plant Variety Protection
or the holder has relinquished his/her rights through a declaration
in a public instrument filed with the registrar.
SECTION 63. Venue. — Any petition to cancel a Certificate of Plant
Variety Protection shall originally be under the jurisdiction of the Board.
Decisions of the Board may be appealable with the Court of Appeals within
fifteen (15) days from the date of notice of the Board's final decision.
SECTION 64. Prescription. — The right to cancel a Certificate of
Plant Variety Protection shall be instituted at any time within the term
of protection of such right.
SECTION 65. Publication. — A notice of the filing of a petition
to cancel a Certificate of Plant Variety Protection and the final order/decision
on the same shall be published in the Plant Variety Gazette at the expense
of the petitioner.
SECTION 66. National Plant Variety Protection Board. — There is
hereby created a National Plant Variety Protection Board which shall be
composed of the following or their duly designated representatives:
- The Secretary of the Department of Agriculture, as chairman;
- The Secretary of the Department of Science and Technology, as co-chairman;
- The Director-General of the Intellectual Property Office, as vice
- The Director of the Bureau of Plant Industry;
- The Director of the Institute of Plant Breeding of the University
of the Philippines Los Baños;
- The President of the Philippine Seed Industry Association;
- A representative from a federation of small farmers' organizations
to be nominated by the Secretary of Agriculture; AHDaET
- A representative from the scientific community to be nominated by
the National Academy of Science and Technology; and
- The Registrar (ex officio).
The members of the Board or their representatives must be Filipino citizens,
have good moral character and should not have been convicted of a crime
involving moral turpitude.The Board shall perform the following functions:
- Promulgate policy guidelines for the effective implementation of
the provisions of this Act;
- Have original and exclusive appellate jurisdiction over all acts
of the Registrar;
- Have original jurisdiction over petitions for compulsory licensing,
nullity and cancellation of the Certificates of Plant Variety Protection;
- Institutionalize database of existing plant varieties, collected
from foreign and local databases, within one (1) year from the effectivity
of this Act;
- Call on resource persons to provide inputs that will be relevant
in the performance of the tasks of the Board;
- Organize the Registrar as it sees fit;
- Approve capital expenditure and contracts of experts; and
SECTION 67. Rules and Regulations. — For the purpose of the preceding
section, the Board with representatives from the Senate and House Committees
on Agriculture, shall within six (6) months from the effectivity of this
Act, prescribe rules and regulations necessary for the implementation
of its functions, or reorganize and create units therefor under its control
SECTION 68. Fees. — The Board shall prescribe a schedule of fees
to be charged against any applicant/breeder in the course of the application
for a Certificate of Plant Variety Protection or in the maintenance therefor.
SECTION 69. Coordination and Cooperation with Other Institutions. —
For the purpose of verifying certain facts such as but not limited to
the requirements of stability, distinctness and uniformity, the Board
may enter into agreements with other governmental or non-governmental
institutions both domestic and foreign under a set of conditions germane
to its functions. THIAaD
Further, the Board shall also designate appropriate state colleges and
universities, bona fide research institutions, or appropriate non-governmental
research centers as testing centers for the distinctness, uniformity and
stability of varieties.
SECTION 70. The PVP Fund. — There is hereby created a PVP Fund,
hereinafter referred to as the Fund, to be administered by the Board.
All fees, fines and charges collected by the Board under this Act, shall
be deposited in the Fund. The Board is hereby authorized to use and disburse
the Fund without need of approval by any government agency, and subject
only to existing accounting and auditing rules and regulations for purposes
of defraying the cost of operations in the delivery of its services to
SECTION 71. Gene Trust Fund. — There shall be an independent and
separate trust fund established under this Act, to be administered by
the Board, for the benefit of bona fide organizations or institutions
managing and operating an accredited gene bank. An amount to be determined
by the Board but not to exceed twenty percent (20%) of the fees and charges,
shall be used for the purposes of the gene trust fund. The trust fund
may also accept donations from national and international institutions
and other organizations and individuals interested in strengthening genetic
SECTION 72. Farming Communities and Bona fide Farmers' Organizations.
— Farming communities and bona fide farmers' organizations are encouraged
to build an inventory of locally-bred varieties as an option to protect
these resources from misappropriation and unfair monopolization.
SECTION 73. Publication. — The Board shall maintain its own publication
which shall be known as the Plant Variety Gazette for all the publication
requirements of this Act and for other purposes which the Board may require.
Copies shall be distributed to all concerned especially to the Members
of the Senate and House Committees on Agriculture: Provided, That the
Board shall distribute for free, and in the major dialect understood by
the locality, copies of the Plant Variety Gazette to small farmer-groups
and indigenous communities.
SECTION 74. The Registrar. — There is hereby established a National
Plant Variety Protection Registrar and an Associate Registrar under the
control and supervision of the Board. The Registrar and the Associate
Registrar shall be appointed by the President of the Philippines upon
the recommendation of the Board and shall have a term of six (6) years.
However, the Registrar who shall be first appointed shall serve for a
term of seven (7) years.
The Registrar shall be a citizen of the Philippines with good moral character,
proven track record in the field of plant science, and/or extensive executive
experience and capability. Functions of the Registrar. The Registrar shall
have the following functions:
- Has original and exclusive jurisdiction to receive, process, examine
all applications for Certificates of Plant Variety Protection in accordance
with this Act, and in meritorious cases, issue the said certificates
and sign them in the name of the Board;
- Issue and maintain a systematic record of all Certificates of Plant
Variety Protection and transactions related thereto; TcSHaD
- Implement the rules and regulations issued by the Board;
- Institutionalize, maintain and continuously update a database of
existing plant varieties collected from foreign and local databases;
- Maintain a library of scientific and other works and periodicals,
both foreign and local, to aid his examiners in the discharge of their
- Maintain samples of the propagating materials of the protected variety;
- Perform such other functions as may be prescribed by the Board.
Miscellaneous and Final Provisions
SECTION 75. Relation with Other Laws. — The interpretation of the
provisions of this Act shall not negate the effectivity and application
of Republic Act No. 8371, otherwise known as the "Indigenous People's
Rights Act"; Republic Act No. 9147, otherwise known as the "Wildlife
Resources Conservation and Protection Act"; Presidential Decree No,
1151, otherwise known as the "Philippine Environmental Policy";
and Executive Order No. 430 and Administrative Order No. 8, Series of 2002
of the Department of Agriculture or the rules and regulations for the importation
and release to the environment of plant products derived from the use of
SECTION 76. Transitory Provisions. — The National Seed Industry Council,
which was created by Republic Act No. 7308 or the National Seed Industry
Development Act, shall perform the functions of the Board until the latter
has been fully organized, but not later than three (3) years from the effectivity
of this Act. Within the same period, the Director of the Bureau of Plant
Industry shall be the Acting Registrar and the Assistant Director of the
same Bureau shall act as the Associate Registrar.
SECTION 77. Appropriations. — The Secretary of the Department of Agriculture
shall immediately include in its program and issue such rules and regulations
to implement the provisions of this Act, the funding of which shall be included
in the annual General Appropriations Act.
SECTION 78. Separability Clause. — If, for any reason, any provision
of this Act is declared invalid or unconstitutional, the other parts not
affected thereby shall continue to be in full force and effect. TDSICH
SECTION 79. Repealing Clause. — All laws, decrees, executive orders,
and rules and regulations, or parts thereof that are inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.
SECTION 80. Effectivity. — This Act shall take effect thirty (30)
days after its complete publication in a newspaper of general circulation.