Question & AnswerQ&A (Republic Act No. 9168)
The short title of Republic Act No. 9168 is the "Philippine Plant Variety Protection Act of 2002."
The conditions for a new plant variety to be granted protection are that the variety must be new, distinct, uniform, and stable.
Any breeder who has developed a new plant variety is entitled to apply for and obtain a Certificate of Plant Variety Protection upon complying with the Act's requirements.
The holder has the exclusive right to authorize the production, reproduction, conditioning for propagation, offering for sale, selling, marketing, exporting, importing, and stocking of the protected variety's propagating materials.
Exceptions include acts done for noncommercial or experimental purposes, breeding other varieties (except when certain conditions apply), and the traditional right of small farmers to save, use, exchange, share, or sell their farm produce under specific conditions defined by the Board.
The term of protection is twenty-five (25) years from the date of grant for trees and vines, and twenty (20) years for all other types of plants unless declared void or canceled.
Violators may be punished with imprisonment of not less than three (3) years but not more than six (6) years and/or a fine of up to three times the profit derived, with a minimum fine of One Hundred Thousand pesos (P100,000.00).
The Board promulgates policy guidelines, has jurisdiction over cancellations, compulsory licenses, and appeals, organizes the Registrar, approves expenditures and contracts, and performs other functions to implement the Act effectively.
The right of priority allows a breeder who filed an application abroad under treaties or conventions recognized by the Philippines to have that foreign filing date considered as the local filing date if specific conditions are met.
The Certificate of Plant Variety Protection shall be granted to the person who files the application first, based on the earliest filing or priority date.