June 7, 2002 c.

The State recognizes the

indispensable role of the
REPUBLIC ACT NO. 9168 private sector, encourages the
participation of private
AN ACT TO PROVIDE enterprises and provides
PROTECTION TO NEW PLANT incentives to needed
VARIETIES, ESTABLISHING A investments in the
NATIONAL PLANT VARIETY development of new plant
PROTECTION BOARD AND FOR
varieties.
OTHER PURPOSES
The State recognizes that science
TITLE I
and technology are essential for
Preliminary Title national development and
promotes the adaptation of
SECTION 1. Short Title. — This Act technology and knowledge from
shall be known and cited as the all sources for the national
"Philippine Plant Variety benefit.
Protection Act of 2002."
The State also recognizes the
SECTION 2. Statement of Policies. need to protect and secure the
— exclusive rights of scientists and
other gifted citizens to their
a. The State recognizes that an intellectual property and
effective intellectual property creations.
system in general and the
development of new plant The State, while recognizing
variety in particular is vital in intellectual property rights in the
attaining food security for the field of agriculture, does so in a
country. To this end, it shall manner supportive of and not
protect and secure the inconsistent with its obligation to
exclusive rights of breeders maintain a healthful ecology in
with respect to their new plant accord with the rhythm and
variety particularly when harmony of nature.
beneficial to the people for
such periods as provided for in TITLE II
this Act.
Definitions
b. The use of intellectual property
bears a socio-economic
SECTION 3. Definitions. —
function. To this end, the State
shall promote the diffusion of a. "Applicant" means the breeder
technology and information for who applies for the grant of a
the promotion of national Certificate of Plant Variety
development and progress for Protection.
the common good. b. "Board" means the National
Plant Variety Protection Board
 created by this Act. It shall also i. "Plant Variety Protection (PVP)"
refer to the National Seed means the rights of breeders
Industry Council during the over their new plant variety as
transition period from the defined in this Act.
effectivity of this Act up to the j. "Propagating material" means
time the said Board has been any part of the plant that can
organized and operating. be used to reproduce the
c. "Breeder" means: protected variety.
1. The person who bred, or k. "Regulations" mean the rules
discovered and developed a and regulations promulgated
new plant variety; or by the Board for the purpose of
2. The person who is the implementing the provisions of
employer of the this Act.
aforementioned person or l. "Variety" means a plant
who has commissioned the grouping within a single
work; or botanical taxon of the lowest
3. The successors-in-interest of known rank, that without
the foregoing persons as the regard to whether the
case may be; or conditions for plant variety
4. The holder of the Certificate protection are fully met, can be
of Plant Variety Protection. defined by the expression of
d. "Certificate of Plant Variety the characteristics resulting
Protection" means the from a given genotype or
document issued by the Board combination of genotypes,
pursuant to this Act for the distinguished from any other
protection of a new plant plant groupings by the
variety. expression of at least one (1)
e. "Commission" means to characteristic, and considered
engage the services of a as a unit with regard to the
person to develop new plant suitability for being propagated
varieties in exchange for unchanged. A variety may be
monetary or any material represented by seed,
consideration. transplants, plants, tubers,
f. "Harvested material" means tissue culture plantlets, and
any part of a plant with other forms.
potential economic value or
any product made directly TITLE III
therefrom in proper cases.
g. "Holder" means a person who Conditions for the Grant of
has been granted a Certificate the Plant Variety Protection
of Plant Variety Protection or
his successors-in-interest. SECTION 4. The Certificate of
h. "Person" includes natural Plant Variety Protection shall be
persons and juridical persons. granted for varieties that are:
"Plant" includes terrestrial and
aquatic flora. a. New;
 b. Distinct; any country, shall render the said
c. Uniform; and variety a matter of public
d. Stable. knowledge from the date of the
said application: Provided, That
SECTION 5. Newness. — A variety the application leads to the
shall be deemed new if the granting of a Certificate of Plant
propagating or harvested material Variety Protection or the entering
of the variety has not been sold, of the said other variety in the
offered for sale or otherwise official register of variety as the
disposed of to others, by or with case may be.
the consent of the breeder, for
purposes of exploitation of the SECTION 7. Uniformity. — The
variety; variety shall be deemed uniform
if, subject to the variation that
a. In the Philippines for more than may be expected from the
one (1) year before the date of particular features of its
filing of an application for plant propagation, it is sufficiently
variety protection; or uniform in its relevant
b. In other countries or territories characteristics.
in which the application has
been filed, for more than four SECTION 8. Stability. — The
(4) years or, in the case of variety shall be deemed stable if
vines or trees, more than six its relevant characteristics remain
(6) years before the date of unchanged after repeated
filing of an application for Plant propagation or, in the case of a
Variety Protection. particular cycle of propagation, at
the end of each such cycle.
However, the requirement of
novelty provided for in this Act TITLE IV
shall not apply to varieties sold,
offered for sale or disposed of to Variety Denomination
others for a period of five (5)
years before the approval of this SECTION 9. Variety Denomination.
Act: Provided, That application for — The variety shall be designated
PVP shall be filed within one (1) by a denomination which shall be
year from the approval of this Act. its generic description. In
particular, it must be different
SECTION 6. Distinctness. — A from any denomination that
variety shall be deemed distinct if designates an existing variety of
it is clearly distinguishable from the same plant species or closely
any commonly known variety. The related species.
filing of an application for the
granting of a plant variety SECTION 10. Right of Priority over
protection or for the entering of a Denomination. — The use of a
new variety in an official register denomination shall not be granted
of variety in the Philippines or in to a breeder if such denomination
has already been registered to together with the grant of the
another breeder or is being used breeder's right.
by a third party in relation to the
sale or offering for sale of a SECTION 14. Denomination Used
particular variety prior to the filing in an Application Previously Filed
date or priority date of an Abroad. — An application filed in
application for a Certificate of this country, the subject matter of
Plant Variety Protection. which is the same as that of an
application previously filed
In case two (2) or more abroad, shall use the same
breeders/applicants apply for the denomination as the latter.
registration of the same
denomination, the However, if such denomination
breeder/applicant who has the does not conform to the
earliest filing date or priority date provisions of this Title, the
shall have the right to register the applicant/breeder shall be
same to the exclusion of the other required to submit a new
applicant/breeder(s). denomination.

SECTION 11. Figures as SECTION 15. Obligation to Use

Denomination. — The Denomination. — Any person, who
denomination must enable the offers for sale or markets in the
variety to be identified. It may not Philippines, propagating material
consist solely of figures except of a variety protected, shall be
when it is an established practice obliged to use the denomination
for designating such a variety. of that variety, even after the
expiration of the breeder's right
SECTION 12. Misleading therefor except when the rule of
Denomination. — No prior rights apply.
denomination shall be accepted if
it is liable to mislead or to cause SECTION 16. Use of Marks. —
confusion concerning the When a protected variety is
characteristic value or identity of offered for sale or marketed, it
the variety or identity of the may be associated with a
breeder. trademark, trade name or other
similar indication with a
SECTION 13. Refusal of registered denomination. If such
Denomination. — If the an indication is so associated, the
denomination does not satisfy denomination must nevertheless
these requirements, its be easily recognizable.
registration shall be refused and
the breeder shall be required to TITLE V
propose another denomination
within a prescribed period. The Applicants to a Plant Variety
denomination shall be registered Protection
SECTION 17. Entitlement. — Any SECTION 21. Priority Date. — Any
breeder, with respect to the application for a Certificate of
variety developed, may apply for Plant Variety Protection previously
a plant variety protection and filed by a breeder in another
obtain a Certificate of Plant country, which by treaty,
Variety Protection upon convention or law affords similar
compliance with the requirements privileges to Filipino citizens, shall
of this Act. be considered as filed locally as of
the date of filing of the foreign
SECTION 18. Co-ownership of the application: Provided, That:
Right. — If two (2) or more
persons contribute to the a. The local application expressly
development of a new plant claims priority;
variety, all of them shall be b. It is filed within twelve (12)
named in the Certificate of Plant months from the filing date of
Variety Protection and shall be the earliest foreign application;
entitled to such rights as agreed and
upon in writing or in the absence c. The applicant submits, within
thereof, the rights in proportion to six (6) months from the filing of
their contribution in the the local application,
development of plant variety. authenticated copies of
documents which constitute
SECTION 19. Employee-Employer the foreign application,
Relationship. — In case an samples or other evidence
employee develops a plant variety showing that the variety which
in the course of his employment is being applied for protection
as a result of the performance of is the same variety which has
his regular duty, the plant variety been applied for protection in a
protection shall belong to the foreign country.
employer, unless there is a
written stipulation to the contrary. SECTION 22. Foreign Nationals. —
For purposes of this Act, a person
SECTION 20. First to File Rule . — shall be considered a national of a
If two (2) or more persons develop foreign country if he is a citizen of
a new plant variety separately such country according to its
and independently of each other, laws, a natural person residing
the Certificate of Plant Variety therein, or is a legal entity whose
Protection shall belong to the office is registered in such foreign
person who files the application country.
first. In case two (2) or more
persons file an application for the SECTION 23. National Treatment.
same plant variety, the right shall — Any application filed locally for
be granted to the person who has a Certificate of Plant Variety
the earliest filing date or priority Protection previously granted to a
date. breeder in another country, which
by treaty, convention or law
affords similar privileges to SECTION 25. Right of the
Filipino citizens, shall be issued a Applicant to File the Application.
Certificate of Plant Variety — If the applicant is not the actual
Protection upon payment of dues breeder, he shall indicate in his
and compliance to all the application the basis for his right
provisions of this Act. This Act to file the application.
shall also apply to the nationals of
foreign countries that are SECTION 26. Contents of the
members of intergovernmental Description and Order of
organizations or party to any Presentation. — The Board shall
multilateral agreement or issue rules and regulations
convention concerning the stipulating the contents of the
granting of intellectual property description and the order of
protection to plant varieties. presentation.

TITLE VI SECTION 27. Other Information

Required. — The applicant shall
Examination of the be required by the Board to
Application and Issuance of furnish information regarding any
PVP Certificate application filed by him in other
countries including all pertinent
SECTION 24. Contents of the documents relating thereto. If the
Application. — An application for a applicant has successfully claimed
Certificate of Plant Variety priority according to this Act, he
Protection shall be filed in the shall be given a period of two (2)
manner and on the conditions years from the priority date to
prescribed in the regulations, and comply with the requirements of
shall include: this Section.

a. Name of the applicant/breeder; SECTION 28. Manner of

b. Address of the Conducting Tests. — The Board
applicant/breeder in the may carry out the necessary
Philippines; tests, cause the conduct of tests,
c. Name of resident agent and or consider the results of other
address in the Philippines; tests or trials that have already
d. The description of the variety been done. For this purpose, the
and particulars of the variety Board shall require the applicant
bred, including particulars of its to furnish all the necessary
characteristics; information, documents or
e. The variety denomination; materials within a period of time
f. Samples of propagating prescribed in the regulations.
materials, which are the
subject of the application; and SECTION 29. Filing Date. — For
g. Any other particular required purposes of according a filing
by the regulations. date, the Board shall consider, as
a minimum requirement, all of the
above enumerated items in Protection, such opposition shall
Section 24 hereof. be considered together with the
examination of the application.
SECTION 30. Publication of the
Application. — After the Board has SECTION 32. Issuance of the
accorded a filing date, the Certificate. — When the Board has
application shall be published tested and examined the variety,
within sixty (60) days at the and/or considered the supporting
expense of the applicant in the materials and literature pertinent
Plant Variety Gazette hereunder thereto, it shall issue a Certificate
described in Section 73. Prior to of Plant Variety Protection. A
such publication, the application notice of such issuance shall be
and all related documents shall published in the manner to be
not be made available to the prescribed in the regulations at
public without the written consent the expense of the holder.
of the applicant. After publication
of the application, any person SECTION 33. Term of Protection.
may inspect the application — For trees and vines, the period
documents in a manner to be of protection shall be twenty-five
prescribed by the Board. (25) years from the date of the
grant of the Certificate of Plant
SECTION 31. Opposition to the Variety Protection and twenty (20)
Grant of Plant Variety Protection. years from the said date for all
— Any person who believes that other types of plants, unless
the applicant is not entitled to the declared void ab initio or
grant of the Certificate of Plant cancelled otherwise, as provided
Variety Protection may file an under Sections 61 and 62,
opposition thereto within the respectively of this Act.
period prescribed by the Board
from the date of its publication SECTION 34. Annual Fees - To
and before the issuance of the Maintain the validity of the
Certificate of Plant Variety Certificate of Plant Variety
Protection. Opposition to the Protection, the holder shall pay an
application may be made on the annual fee to be prescribed by the
following grounds: Board. Annual fees shall be paid
starting from the fourth
a) that the person opposing the anniversary of the issuance of the
application is entitled to the certificate and every year
breeder's right as against the thereafter within the first three (3)
applicant; months of said years. The holder
has the option to pay in advance
b) that the variety is not this annual fee for a maximum of
registrable under this Act. twenty (20) years.

If the opposition is based on the The Certificate of Plant Variety

conditions of Plant Variety Protection shall expire and cease
to have force and effect upon the SECTION 36. Rights of Holders of
holder's failure to pay the annual Plant Variety Protection. — In
fees within the prescribed period. respect of the propagating
A notice of such cancellation shall materials, holders of a Certificate
be published in the Plant Variety of Plant Variety Protection shall
Gazette one (1) year after the have the right to authorize any of
term of protection has expired. the following acts:
Before such publication, any
holder who fails to pay the annual a. Production or reproduction;
fees may request for a b. Conditioning for the purpose
reinstatement of his certificate: of propagation; Offering for
Provided, That he settles his sale;
unpaid accounts including c. Selling or other marketing;
surcharges to be determined by d. Exporting;
the Board. e. Importing; and
f. Stocking for any purpose
SECTION 35. Notice of Rejection. mentioned above.
— Whenever an application is
rejected, the Board shall SECTION 37. The holder may
immediately inform the applicant make his authorization subject to
on the grounds therefor, and conditions and limitations.
when applicable, identify and
provide the documents used as SECTION 38. Acts in Respect of
the basis for rejection. Harvested Materials. — Except for
Sections 43 and 44 of this Title,
a. Reconsideration — Within two the rights in the two (2) preceding
(2) months from the receipt of sections shall also extend to the
the rejection notice, the harvested materials which may be
applicant may amend his the entire plant or its other parts,
application or traverse the if the production thereof resulted
finding of the Board. The directly from the unauthorized
Board, in turn, may reverse its use of the plant's propagating
initial finding or issue a final materials that are covered by this
rejection within the same Act, unless the holder has had the
period. reasonable opportunity to
b. Appeal from the Notice of exercise his right in relation to the
Rejection — The decision of the said propagating materials.
Board is final except for
anomalous circumstances SECTION 39. Coverage of
involving the Board in which Protection. — The rights of holder
case the applicant may appeal under Sections 36 and 38 of this
it to the proper court. Act shall also apply in relation to:

TITLE VII a. Varieties which are essentially

derived from the protected
Rights of Holders variety, where the protected
 variety is not itself an mutant, or of a somoclonal
essentially derived variety; variant, the selection of a variant
b. Varieties which are not clearly individual from plants of initial
distinct from the protected variety, backcrossing or
variety; and transformation by genetic
c. Varieties whose production engineering. Genetic engineering
requires the repeated use of shall be understood as the
the protected variety. introduction of genes by
laboratory techniques.
SECTION 40. Essentially Derived
Varieties. — For the purpose of SECTION 42. Provisional
paragraph 39(a), a variety shall Protection. — An applicant for a
be deemed to be essentially Certificate of Plant Variety
derived from the initial variety Protection shall be entitled to
when: equitable remuneration from any
person who, during the period
a. It is predominantly derived between the publication of the
from the initial variety, or application for the certificate and
from a variety that is itself the grant of that certificate, has
predominantly derived from carried out acts which, once the
the initial variety, while certificate is granted, require the
retaining the expression of the holder's authorization as
essential characteristics that conferred in this Act: Provided,
result from the genotype or That the applicant shall initiate
combination of genotypes of the legal action against the
the initial variety; alleged infringer within two (2)
b. It is clearly distinguishable years from the date of the
from the initial variety; and granting of his Certificate of Plant
c. Except for the differences Variety Protection.
which result from the act of
derivation, it conforms to the SECTION 43. Exceptions to Plant
initial variety in the Variety Protection. — The
expression of the essential Certificate of Plant Variety
characteristics that result Protection shall not extend to:
from the genotype or
combination of genotypes of a. Acts done for non-commercial
the initial variety. purposes;
b. Acts done for experimental
SECTION 41. Manner of purposes;
Developing Essentially Derived c. Acts done for the purpose of
Varieties. — It shall also be breeding other varieties,
understood that essentially except when Sections 39 and
derived varieties may be obtained 40 apply; and
through processes which may d. The traditional right of small
include, but not limited to, the farmers to save, use,
selection of a natural or induced exchange, share or sell their
 farm produce of a variety SECTION 45. Right of Attribution.
protected under this Act, — No Certificate of Plant Variety
except when a sale is for the Protection shall be issued without
purpose of reproduction under naming the breeder(s) unless this
a commercial marketing right is protested in writing within
agreement. The Board shall one (1) year.
determine the condition under
which this exception shall SECTION 46.
apply, taking into consideration Succession/Transmission. — The
the nature of the plant Certificate of Plant Variety
cultivated, grown or sown. Protection shall be considered as
a property right and the
This provision shall also extend to transmission thereof shall be
the exchange and sale of seeds governed by the law on Property.
among and between said small
farmers: Provided, That the small TITLE VIII
farmers may exchange or sell
seeds for reproduction and Infringement
replanting in their own land.
SECTION 47. What Constitutes
SECTION 44. Exhaustion of Plant Infringement. — Except as
Variety Protection. — The otherwise provided in this Act,
Certificate of Plant Variety any person who without being
Protection shall not extend to acts entitled to do so, performs the
concerning any material of the following acts:
protected variety, or a variety
covered by the provisions of a. Sell the novel variety, or offer it
Sections 39 and 40 hereof, which or expose it for sale, deliver it,
has been sold or otherwise ship it, consign it, exchange it,
marketed by the breeder or with or solicit an offer to buy it, or
his consent in the Philippines, or any other transfer of title or
any material derived from the possession of it; or
said material, unless it: b. Import the novel variety into,
or export it from, the
a. Involves further propagation of Philippines; or
the variety in question; or c. Sexually multiply the novel
b. Involves the export of the variety as a step in marketing
variety, which enables the (for growing purposes) the
propagation of the variety, into variety; or
a country that does not protect d. Use the novel variety in
the variety of the plant genus producing (as distinguished
or species to which the variety from developing) a hybrid or
belongs, except where the different variety therefrom; or
exported material is for final e. Use seed which had been
consumption purposes. marked "unauthorized
propagation prohibited" or
 "unauthorized seed a. Non-infringement;
multiplication prohibited" or b. The plant variety does not
progeny thereof to propagate possess at the time of its
the novel variety; or application criterion of novelty
f. Dispense the novel variety to or distinctness;
another, in a form which can be c. The alleged infringement was
propagated, without notice as performed under a right
to being a protected variety adverse to it, prior to the notice
under which it was received; or of infringement; and/or
g. Fails to use a variety d. Other defenses that are made
denomination the use of which available under this Act.
is obligatory under Section 15;
or
h. Perform any of the foregoing SECTION 51. Notice. — No
acts even in instances in which damages shall be awarded unless
the novel variety is multiplied there is actual or constructive
other than sexually, except in notice made upon the alleged
pursuance of a valid Philippine infringer.
plant patent; or
i. Instigate or actively induce SECTION 52. Damages. — The
performance of any foregoing court may award actual, moral,
acts, may be sued by the exemplary damages and
holder, who may also avail of attorney's fees according to a
all such relief as are available proven amount including a
in any proceeding involving reasonable royalty for the use of
infringements of other the protected variety.
proprietary rights.
SECTION 53. Injunction. — The
SECTION 48. Where to Commence court may also enjoin the
Action. — Any holder may petition infringer(s) from further
the proper regional trial court for performing any act of
infringement of his plant variety infringement on the rights of the
protection as defined in this Act. holder(s) as defined in this Act.

SECTION 49. Presumption of SECTION 54. Court to Order

Validity. — Certificates of Plant Confiscation of Infringing
Variety Protection shall be Materials. — Upon petition by the
presumed valid and the burden of complainant, the court may order
proof of their invalidity shall rest the confiscation of infringing
on the party assailing them. materials, and:

SECTION 50. Defenses Against a. Cause their distribution to

Infringement Charges. — The charitable organization;
following shall be valid defenses b. Cause the sale and provide the
against infringement charges: proceeds thereof to research
organizations; or
c. Cause the return to the variety and the same are not
petitioner for further scientific met by the holder; or
use. c. The plant variety developed
relates to or required in the
SECTION 55. Prescription. — No production of medicine and/or
recovery of damages for any any food preparation.
infringement case shall prosper
when the cause of action has SECTION 58. Scope of Compulsory
reached more than six (6) years License. — The Board, upon
from the time the alleged petition by any interested party
infringement case was and upon proof of any of the
committed. foregoing grounds, may issue a
decision:
SECTION 56. Criminal Penalty. —
Any person who violates any of a. Allowing the petitioner to
the rights of the holder provided produce in commercial quantity
for in this Act may also suffer the and distribute the variety
penalty of imprisonment of not protected or any part thereof,
less than three (3) years but not or
more than six (6) years and/or a b. Requiring the holder to ensure
fine of up to three (3) times the the availability of the
profit derived by virtue of the propagating materials of the
infringement but in no case variety protected; or
should be less than One Hundred c. Requiring the petitioner to pay
Thousand pesos (P100,000.00). the holder with license fees in
the form of reasonable
TITLE IX royalties; and
d. Other such additional remedies
Compulsory License as the Board may determine to
be consistent with appropriate
SECTION 57. Grounds for the circumstances.
Grant of Compulsory Licensing. —
Any interested person may file a SECTION 59. Duration of the
petition for compulsory license License. — A compulsory license
with the Board at any time after shall be effective until the
two (2) years from the grant of ground(s) for its issuance has
the Certificate of Plant Variety been terminated as determined
Protection under this Act when it by the Board motu proprio or
is for the public interest to grant upon petition by party or parties
such compulsory license, and: and resolution by the Board.

a. The reasonable requirements SECTION 60. Procedure for Grant.

of the public for any part of the — The Board shall provide in the
variety are not met; or rules and regulations the manner
b. There is an overseas market for and procedure for granting
the sale of any part of the compulsory licenses.
 TITLE X information in his or her
application; or
Cancellation and Nullity of c. The breeder does not propose,
Plant Variety Protection within the time/period provided
under the regulations, another
SECTION 61. Grounds for Nullity. suitable denomination if the
— The Certificate of Plant Variety denomination of the variety is
Protection shall be declared void cancelled after the grant of the
ab initio on any of the following Certificate of Plant Variety
grounds: Protection; or
d. The conditions of uniformity
a. The grant of the Certificate of and stability could not be
Plant Variety Protection was maintained although these
essentially based upon were present at the time of the
information and documents issuance of the Certificate of
furnished by the applicant, Plant Variety Protection; or
wherein the conditions of e. The breeder entitled to the
distinctness, uniformity, Certificate of Plant Variety
stability, and newness were not Protection or the holder has
complied with at the time of relinquished his/her rights
the grant of the certificate; or through a declaration in a
b. The Certificate of Plant Variety public instrument filed with the
Protection was granted to a registrar.
person who is not entitled to it,
unless it is transferred to the SECTION 63. Venue. — Any
person who is so entitled. petition to cancel a Certificate of
Plant Variety Protection shall
The effect of the declaration of originally be under the jurisdiction
nullity is that as if the of the Board. Decisions of the
Certificate of Plant Variety Board may be appealable with the
Protection was not issued. Court of Appeals within fifteen
(15) days from the date of notice
SECTION 62. Grounds for of the Board's final decision.
Cancellation. — The Plant Variety
Protection shall be cancelled on SECTION 64. Prescription. — The
any of the following grounds: right to cancel a Certificate of
Plant Variety Protection shall be
a. The breeder does not provide instituted at any time within the
the required information, term of protection of such right.
documents, or materials
necessary for verifying the SECTION 65. Publication. — A
maintenance of the variety; or notice of the filing of a petition to
b. The breeder fails to pay the cancel a Certificate of Plant
required fees to keep his or her Variety Protection and the final
rights in force or provides false order/decision on the same shall
be published in the Plant Variety
Gazette at the expense of the been convicted of a crime
petitioner. involving moral turpitude. The
Board shall perform the following
TITLE XI functions:

Institution a. Promulgate policy guidelines

for the effective
SECTION 66. National Plant implementation of the
Variety Protection Board. — There provisions of this Act;
is hereby created a National Plant b. Have original and exclusive
Variety Protection Board which appellate jurisdiction over all
shall be composed of the acts of the Registrar;
following or their duly designated c. Have original jurisdiction over
representatives: petitions for compulsory
licensing, nullity and
a. The Secretary of the cancellation of the Certificates
Department of Agriculture, as of Plant Variety Protection;
chairman; d. Institutionalize database of
b. The Secretary of the existing plant varieties,
Department of Science and collected from foreign and local
Technology, as co-chairman; databases, within one (1) year
c. The Director-General of the from the effectivity of this Act;
Intellectual Property Office, as e. Call on resource persons to
vice chairman; provide inputs that will be
d. The Director of the Bureau of relevant in the performance of
Plant Industry; the tasks of the Board;
e. The Director of the Institute of f. Organize the Registrar as it
Plant Breeding of the University sees fit;
of the Philippines Los Baños; g. Approve capital expenditure
f. The President of the Philippine and contracts of experts; and
Seed Industry Association; h. Perform all other functions as
g. A representative from a may be required in the
federation of small farmers' implementation of this Act.
organizations to be nominated
by the Secretary of Agriculture; SECTION 67. Rules and
h. A representative from the Regulations. — For the purpose of
scientific community to be the preceding section, the Board
nominated by the National with representatives from the
Academy of Science and Senate and House Committees on
Technology; and Agriculture, shall within six (6)
i. The Registrar (ex officio). months from the effectivity of this
Act, prescribe rules and
The members of the Board or regulations necessary for the
their representatives must be implementation of its functions, or
Filipino citizens, have good moral reorganize and create units
character and should not have
therefor under its control and The Board is hereby authorized to
supervision. use and disburse the Fund without
need of approval by any
SECTION 68. Fees. — The Board government agency, and subject
shall prescribe a schedule of fees only to existing accounting and
to be charged against any auditing rules and regulations for
applicant/breeder in the course of purposes of defraying the cost of
the application for a Certificate of operations in the delivery of its
Plant Variety Protection or in the services to the public.
maintenance therefor.
SECTION 71. Gene Trust Fund. —
SECTION 69. Coordination and There shall be an independent
Cooperation with Other and separate trust fund
Institutions. — For the purpose of established under this Act, to be
verifying certain facts such as but administered by the Board, for the
not limited to the requirements of benefit of bona fide organizations
stability, distinctness and or institutions managing and
uniformity, the Board may enter operating an accredited gene
into agreements with other bank. An amount to be
governmental or non- determined by the Board but not
governmental institutions both to exceed twenty percent (20%)
domestic and foreign under a set of the fees and charges, shall be
of conditions germane to its used for the purposes of the gene
functions. trust fund. The trust fund may
also accept donations from
Further, the Board shall also national and international
designate appropriate state institutions and other
colleges and universities, bona organizations and individuals
fide research institutions, or interested in strengthening
appropriate non- governmental genetic conservation.
research centers as testing
centers for the distinctness, SECTION 72. Farming
uniformity and stability of Communities and Bona fide
varieties. Farmers' Organizations. —
Farming communities and bona
SECTION 70. The PVP Fund. — fide farmers' organizations are
There is hereby created a PVP encouraged to build an inventory
Fund, hereinafter referred to as of locally-bred varieties as an
the Fund, to be administered by option to protect these resources
the Board. All fees, fines and from misappropriation and unfair
charges collected by the Board monopolization.
under this Act, shall be deposited
in the Fund. 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 Certificates of Plant Variety
this Act and for other purposes Protection in accordance with
which the Board may require. this Act, and in meritorious
cases, issue the said
Copies shall be distributed to all certificates and sign them in
concerned especially to the the name of the Board;
Members of the Senate and House b. Issue and maintain a
Committees on Agriculture: systematic record of all
Provided, That the Board shall Certificates of Plant Variety
distribute for free, and in the Protection and transactions
major dialect understood by the related thereto;
locality, copies of the Plant c. Implement the rules and
Variety Gazette to small farmer- regulations issued by the
groups and indigenous Board; Institutionalize,
communities. maintain and continuously
update a database of existing
SECTION 74. The Registrar. — plant varieties collected from
There is hereby established a foreign and local databases;
National Plant Variety Protection d. Maintain a library of scientific
Registrar and an Associate and other works and
Registrar under the control and periodicals, both foreign and
supervision of the Board. The local, to aid his examiners in
Registrar and the Associate the discharge of their duties;
Registrar shall be appointed by e. Maintain samples of the
the President of the Philippines propagating materials of the
upon the recommendation of the protected variety; and
Board and shall have a term of six f. Perform such other functions as
(6) years. However, the Registrar may be prescribed by the
who shall be first appointed shall Board.
serve for a term of seven (7)
years. TITLE XII

The Registrar shall be a citizen of Miscellaneous and Final Provisions

the Philippines with good moral
character, proven track record in SECTION 75. Relation with Other
the field of plant science, and/or Laws. — The interpretation of the
extensive executive experience provisions of this Act shall not
and capability. negate the effectivity and
application of Republic Act No.
Functions of the Registrar. The 8371, otherwise known as the
Registrar shall have the following "Indigenous People's Rights Act";
functions: Republic Act No. 9147, otherwise
known as the "Wildlife Resources
a. Has original and exclusive Conservation and Protection Act";
jurisdiction to receive, process, Presidential Decree No, 1151,
examine all applications for otherwise known as the
"Philippine Environmental Policy"; SECTION 79. Repealing Clause. —
and Executive Order No. 430 and All laws, decrees, executive
Administrative Order No. 8, Series orders, and rules and regulations,
of 2002 of the Department of or parts thereof that are
Agriculture or the rules and inconsistent with the provisions of
regulations for the importation this Act, are hereby repealed or
and release to the environment of modified accordingly.
plant products derived from the
use of biotechnology. SECTION 80. Effectivity. — This
Act shall take effect thirty (30)
SECTION 76. Transitory days after its complete
Provisions. — The National Seed publication in a newspaper of
Industry Council, which was general circulation.
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.