菲律宾农业植物新品种保护法9168Word格式文档下载.docx

1、Philippine Plant Variety Protection Act of 2002Sec. 2. Statement of Policies. a） 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 an

2、d 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.b） The use of intellectual property bears a socioeconomic function. To this end, the State shall promote the diffusion of technolo

3、gy and information for the promotion of national development and progress for the common good.c） 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 variet

4、ies.d） 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 gift

5、ed citizens to their intellectual property and creations.e） 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 natur

6、e.TITLE IIDefinitionsSec. 3. Definitions. -a） Applicant means the breeder who applies for the grant of a Certificate of Plant Variety Protection.b） Board means the National Plant Variety Protection Board created by this Act. It shall also refer to the National Seed Industry Council during the transi

7、tion period from the effectivity of this Act up to the time the said Board has been organized and operating.c） breeder means:1. The person who bred, or discovered and developed a new plant variety; or 2. The person who is the employer of the aforementioned person or who has commissioned the work;3）

8、The successors-in-interest of the foregoing persons as the case may be; or4） The holder of the Certificate of Plant Variety Protection.d） Certificate of Plant Variety Protection means the document issued by the Board pursuant to this Act for the protection of a new plant variety.e） Commission means

9、to engage the services of a person to develop new plant varieties in exchange for monetary or any material consideration.f） Harvested material means any part of a plant with potential economic value or any product made directly therefrom in proper case.g） Holder means a person who has been granted a

10、 Certificate of Plant Variety Protection or his successors-in-interest.h） Persons includes natural persons and juridical persons.i） Plant includes terrestrial and aquatic flora.j） Plant Variety Protection （PVP） mans the rights of breeders over their new plant variety as defined in this Act.k） Propag

11、ating material means any part of the plant that can be used to reproduce the protected variety.l） Regulations means the rules and regulations promulgated by the Board for the purpose of implementing the provisions of this Act.m） Variety means a plant grouping within a single botanical taxon of the l

12、owest 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

13、one （1） characteristics, 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.TITLE IIIConditions for the Grant of the Plant Variety ProtectionSec. 4. The C

14、ertificate of Plant Variety Protection shall be granted for varieties that are:a） New;b） Distinct;c） Uniform; andd） Stable.Sec. 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,

15、by or with the consent of the breeder, for purposes of exploitation of the variety;a） In the Philippines for more than one （1） year before the date of filing of an application for plant variety protection;b） In other countries or territories in which the application has been filed, for more than fou

16、r （4） years or, in the case of vines or tress, 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 fi

17、ve （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.Sec. 6. Distinctness. - A variety shall be deemed distinct if it is clearly distinguishable from any commonly known variety. The filing of an application

18、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 g

19、ranting 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.Sec. 7. Uniformity. - The variety shall be deemed uniform if, subject to the variation that may be expected from the particular features of its propag

20、ation, it is sufficiently uniform in its relevant characteristics.Sec. 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 cycle.TITLE IVVariety De

21、nominationSec. 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.Sec. 10. Right of Pri

22、ority 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

23、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

24、other applicant/breeder（s）.Sec. 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.Sec. 12. Misleading Denomination. - No denomination shall be accepte

25、d if it is liable to mislead or to cause confusion concerning the characteristic value or identity of the variety or identity of the breeder.Sec. 13. Refusal of Denomination. - If the denomination does not satisfy these requirements, its registration shall be refused and the breeder shall be require

26、d to propose another denomination within a prescribed period. The denomination shall be registered together with the grant of the breeders right.Sec. 14. Denomination Used in an Application Previously Filed abroad. - An application filed in this country, the subject matter of which is the same as th

27、at 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.Sec. 15. Obligation to Use Denomination. - Any person, who

28、 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 breeders right therefor except when the rule of prior rights apply.Sec. 16. Use of Marks. - When a protected variety

29、 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 recognizable.TITLE VApplicants to a Plant Variety ProtectionSec. 17. En

30、titlement. - Any breeder, with respect to the variety developed, may apply for a plant variety developed, may apply for a plant variety protection and obtain a Certificate of Plant Variety Protection upon compliance with the requirements of this Act.Sec. 18. Co-ownership of the Right. - If two （2） o

31、r 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 variety. Sec. 19. Employee-Employer relationship. - in case an employee develops a plant variety in the course of his emplo