AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES

Case Overview and Summary

Summary of the Philippine Plant Variety Protection Act of 2002

Policies and Objectives (Sections 2-3)
- Recognizes importance of intellectual property system for new plant varieties to attain food security
- Aims to protect breeders' exclusive rights over new plant varieties for specified periods
- Promotes diffusion of technology and information for national development
- Encourages private sector participation and investment in new plant variety development
- Recognizes need to protect intellectual property rights of scientists and innovators
- Supports obligation to maintain a healthful ecology in harmony with nature

Conditions for Plant Variety Protection (Sections 4-8)
- Certificate of Plant Variety Protection granted if variety is:
    - New (Section 5): Not sold/disposed for over 1 year in Philippines, 4 years elsewhere before application
    - Distinct (Section 6): Clearly distinguishable from commonly known varieties
    - Uniform (Section 7): Sufficiently uniform in relevant characteristics
    - Stable (Section 8): Relevant characteristics remain unchanged after repeated propagation

Variety Denomination (Sections 9-16)
- Variety must have a denomination as generic description, different from existing varieties (Section 9)
- Rules on priority of denomination, use of figures, misleading denominations (Sections 10-12)
- Denomination must be used when offering/marketing the variety (Section 15)

Applicants and Entitlement (Sections 17-23)
- Breeders entitled to apply for and obtain Certificate of Plant Variety Protection (Section 17)
- Provisions on co-ownership, employee-employer relationship, first-to-file rule (Sections 18-20)
- Priority claims from foreign applications allowed within 12 months (Section 21)
- National treatment for foreign nationals from reciprocating countries (Section 23)

Application and Examination (Sections 24-35)
- Requirements for application contents, including description, samples (Section 24)
- Procedures for examination, testing, publication, opposition (Sections 28-31)
- Issuance of certificate after examination (Section 32)
- Term of protection: 25 years for trees/vines, 20 years for other plants (Section 33)
- Annual fees required to maintain protection (Section 34)
- Provisions on rejection, reconsideration, appeal (Section 35)

Rights of Certificate Holders (Sections 36-46)
- Exclusive rights over propagating materials: production, conditioning, sale, export, import, stocking (Section 36)
- Rights extend to harvested materials, essentially derived varieties, indistinct varieties (Sections 38-40)
- Exceptions for non-commercial acts, experimental use, breeding, farmers' rights (Section 43)
- Exhaustion of rights after authorized sale (Section 44)
- Rights of attribution, succession/transmission of certificate (Sections 45-46)

Infringement and Remedies (Sections 47-56)
- Acts constituting infringement listed (Section 47)
- Venue for infringement action, presumption of validity (Sections 48-49)
- Defenses against infringement (Section 50)
- Provisions on notice, damages, injunction, confiscation (Sections 51-54)
- Prescription period of 6 years for damages (Section 55)
- Criminal penalties of imprisonment and fines (Section 56)

Compulsory Licensing (Sections 57-60)
- Grounds for compulsory licensing in public interest (Section 57)
- Scope of compulsory license, including reasonable royalties (Section 58)
- Duration and procedure for granting compulsory licenses (Sections 59-60)

Cancellation and Nullity (Sections 61-65)
- Grounds for nullity of certificate ab initio (Section 61)
- Grounds for cancellation of certificate (Section 62)
- Jurisdiction, prescription period, publication requirements (Sections 63-65)

Administration and Implementation (Sections 66-74)
- Establishes National Plant Variety Protection Board and its functions (Section 66)
- Provisions on rules and regulations, fees, coordination with other institutions (Sections 67-69)
- Establishment of PVP Fund and Gene Trust Fund (Sections 70-71)
- Encouragement for farming communities to build inventory of local varieties (Section 72)
- Publication of Plant Variety Gazette (Section 73)
- Appointment and functions of Registrar (Section 74)

Miscellaneous Provisions (Sections 75-80)
- Relation with other laws on indigenous peoples, wildlife, environment (Section 75)
- Transitory provisions with National Seed Industry Council (Section 76)
- Appropriations, separability clause, repealing clause, effectivity date (Sections 77-80)