Statement of Policies
- Recognizes importance of intellectual property in food security.
- Protects exclusive rights of breeders of new plant varieties.
- Promotes technological diffusion and national development.
- Encourages private sector participation and investments.
- Supports science and technology adaptation for national benefit.
- Balances intellectual property rights with ecological obligations.
Definitions
- Applicant: Breeder applying for protection.
- Board: National Plant Variety Protection Board or National Seed Industry Council (transitional).
- Breeder: Person who bred, discovered, employer, successors, or rights holder.
- Certificate of Plant Variety Protection: Document granting protection.
- Commission: Engaging services to develop varieties.
- Harvested material: Plant part with economic value.
- Holder: Person granted the certificate or successors.
- Person: Natural or juridical entities.
- Plant: Terrestrial and aquatic flora.
- Plant Variety Protection (PVP): Breeders' rights.
- Propagating material: Plant part used for reproduction.
- Regulations: Board's implementing rules.
- Variety: Plant grouping with distinct traits for propagation.
Conditions for Grant
- Certificate granted only if variety is new, distinct, uniform, and stable.
- Newness: No sale or disposal beyond prescribed years before application.
- Distinctness: Clearly distinguishable from known varieties.
- Uniformity: Sufficient uniformity in characteristics.
- Stability: Characteristics unchanged after propagation cycles.
Variety Denomination
- Denomination serves as generic description, must be unique.
- Priority goes to earliest filer of same denomination.
- Cannot be misleading or confusing.
- Figures allowed only if customary.
- Registration refusal if denomination requirements unmet.
- Denomination must be used in sale/marketing.
- Denomination may be associated with trademarks if clearly identifiable.
Applicants and Co-ownership
- Breeders can apply for protection.
- Co-ownership recognized with rights proportional to contribution.
- Employee-developed varieties belong to employer unless stipulated.
- First-to-file rule applies.
- Priority claims allowed for foreign filings within designated time.
- National treatment extended to foreign nationals under treaties.
Application Examination and Issuance
- Application requires specific information including samples.
- Board may conduct or consider tests.
- Filing date based on completeness of application.
- Applications published for opposition.
- Oppositions allowed on entitlement or registrability grounds.
- Certificate issued after examination and testing.
- Protection term: 25 years for trees/vines, 20 years for others.
- Annual fees required from 4th year; lapse upon non-payment.
- Rejection notice must specify grounds; appeals allowed.
Rights of Holders
- Exclusive rights over propagating material: production, sale, export, import, etc.
- Rights extend to harvested materials from unauthorized use.
- Includes varieties essentially derived, indistinct, or requiring repeated use.
- Defines "essentially derived varieties."
- Provisional protection with remuneration for use before grant.
- Exceptions: Noncommercial, experimental use, breeding, traditional small farmer rights.
- Exhaustion rule limits rights after sale or marketing.
- Right of attribution requires naming breeder.
- Protection considered property right.
Infringement
- Unauthorized selling, export, reproduction, use in breeding, improper labeling, etc., constitute infringement.
- Actions for infringement filed in regional trial courts.
- Certificates presumed valid; invalidity burden on challenger.
- Defenses include non-infringement, prior rights, lack of novelty.
- Notice required before damages awarded.
- Damages include actual, moral, exemplary, attorney's fees.
- Courts may enjoin infringers and order confiscation of infringing materials.
- Six-year prescription for damages claims.
- Criminal penalties include imprisonment and fines.
Compulsory License
- Petition after two years for public interest grounds.
- Grounds include unmet public requirements, overseas market, medical/food use.
- Board may authorize production, distribution, or require availability.
- License includes reasonable royalties.
- License duration until grounds cease.
- Board to prescribe procedures.
Cancellation and Nullity
- Nullity grounds: false info causing non-compliance, wrongful entitlement.
- Cancellation grounds: failure to provide info, non-payment, failure to maintain conditions, relinquishment.
- Board has jurisdiction; decisions appealable.
- Cancellation rights exercised within protection term.
- Publication of cancellation petition and decision mandatory.
Institution of Board and Administration
- Creation of National Plant Variety Protection Board composed of government and sector representatives.
- Board functions include policy, appeals, compulsory license, database maintenance, and regulations.
- Board to promulgate rules within six months.
- Fee schedule prescribed by Board.
- Board may coordinate with institutions for variety testing.
- Creation of PVP Fund for fees, fines, and operational expenses.
- Gene Trust Fund established for genetic conservation.
- Support for farming communities to protect local varieties.
- Plant Variety Gazette publication for transparency and information dissemination.
- Registrar and Associate Registrar established, appointment criteria specified.
- Registrar's functions include application processing, record maintenance, and database/library upkeep.
Miscellaneous and Final Provisions
- Act compatible with Indigenous Peoples Rights, environmental policies, biotechnology regulations.
- Transitional provisions for Board and Registrar appointments.
- Appropriations included in annual budget.
- Separability and repealing clauses included.
- Effectivity thirty days post publication in newspaper of general circulation.