- CHAPTER I PRELIMINARY PROVISIONS
- CHAPTER II DEFINITIONS
- CHAPTER III THE NATIONAL PLANT VARIETY PROTECTION BOARD
- CHAPTER IV THE NATIONAL PLANT VARIETY PROTECTION REGISTRAR
- CHAPTER V THE PLANT VARIETY PROTECTION OFFICE
- CHAPTER VI APPLICATION FOR CERTIFICATE OF PLANT VARIETY PROTECTION
- ARTICLE 17. Who May Apply
- ARTICLE 18. First to File Rule
- ARTICLE 19. Joint Ownership
- ARTICLE 20. Employee-Employer Relationship
- ARTICLE 21. Commissioned Work
- ARTICLE 22. Priority Date
- ARTICLE 23. National Treatment
- ARTICLE 24. Filing of Application
- ARTICLE 25. Minimum Requirements for Application
- ARTICLE 26. Contents of the Application Form
- ARTICLE 27. Exhibits
- ARTICLE 28. Other Information Required
- ARTICLE 29. Number of an Application
- ARTICLE 30. Formal Examination and Filing Date
- ARTICLE 31. Time to Complete Deficiency in Application
- ARTICLE 32. Abandonment of an Application
- ARTICLE 33. Voluntary Withdrawal of an Application
- ARTICLE 34. Publication of the Application
- ARTICLE 35. Opposition to the Grant of Plant Variety Protection
- CHAPTER VII SUBSTANTIVE EXAMINATION OF THE PVP APPLICATION
- ARTICLE 36. Issuance of Test Guidelines
- ARTICLE 37. Substantive Examination of Application
- ARTICLE 38. Requirements for the Grant of Plant Variety Protection
- ARTICLE 39. Newness
- ARTICLE 40. Distinctness.
- ARTICLE 41. Uniformity
- ARTICLE 42. Stability
- ARTICLE 43. Manner of Conducting Tests
- ARTICLE 44. DUS Testing Centers.
- ARTICLE 45. Plant Variety Registry
- ARTICLE 46. Rejection of an Application
- ARTICLE 47. Reasons for Rejection
- ARTICLE 48. Request for Reconsideration of a Rejected Application
- ARTICLE 49. Reconsideration and Final Action
- CHAPTER VIII VARIETY DENOMINATION
- CHAPTER IX ISSUANCE AND PUBLICATION OF PVP CERTIFICATE
- CHAPTER X RIGHTS OF HOLDERS
- ARTICLE 58. Rights of Holders of Plant Variety Protection
- ARTICLE 59. Acts in Respect of Harvested Materials.
- ARTICLE 60. Coverage of Protection
- ARTICLE 61. Terms of Protection
- ARTICLE 62. Provisional Protection
- ARTICLE 63. Essentially Derived Varieties
- ARTICLE 64. Manner of Developing Essentially Derived Varieties
- ARTICLE 65. Transmission of Rights
- ARTICLE 66. Right of Attribution.
- CHAPTER XI EXCEPTIONS TO PLANT VARIETY PROTECTION
- CHAPTER XII COMPULSORY LICENSING
- ARTICLE 69. Grounds for Compulsory Licensing
- ARTICLE 70. Who may file petition for compulsory licensing; time for filing the petition
- ARTICLE 71. Scope of Compulsory Licensing
- ARTICLE 72. Form and Contents of Petition.
- ARTICLE 73. Notice of Hearing
- ARTICLE 74. Publication of Notice
- ARTICLE 75. Grant of License.
- ARTICLE 76. Terms and Condition of Compulsory License
- ARTICLE 77. Amendment of Compulsory License
- ARTICLE 78. Duration of Compulsory License.
- ARTICLE 79. Cancellation of a Compulsory License
- ARTICLE 80. Surrender of the License
- ARTICLE 81. Publication of the Amendment, Surrender, or Cancellation of the License
- CHAPTER XIII INFRINGEMENT OF PLANT VARIETY PROTECTION
- ARTICLE 82. What Constitutes Infringement.
- ARTICLE 83. Where to Commence Action
- ARTICLE 84. Presumption of Validity
- ARTICLE 85. Defenses Against Infringement Charges
- ARTICLE 86. Notice.
- ARTICLE 87. Damages
- ARTICLE 88. Injunction
- ARTICLE 89. Court to Order Confiscation of Infringing Materials
- ARTICLE 90. Prescription
- ARTICLE 91. Criminal Penalty
- CHAPTER XIV CANCELLATION AND NULLITY OF PLANT VARIETY PROTECTION
- CHAPTER XV PLANT VARIETY GAZETTE
- CHAPTER XVI FEES AND RELATED CHARGES
- ARTICLE 104. Fees and Related Charges
- ARTICLE 105. Where and When to Pay.
- ARTICLE 106. Method of Payment
- ARTICLE 107. Annual Fees.
- CHAPTER XVII PVP FUND AND GENE TRUST FUND
- ARTICLE 108. The PVP Fund.
- ARTICLE 109. Gene Trust Fund.
- CHAPTER XVIII MISCELLANEOUS PROVISIONS
- ARTICLE 110. Separability
- ARTICLE 111. Effectivity.
ADMINISTRATIVE ORDER NO. 7
Series of 2003
SUBJECT: Implementing Rules and Regulations of the “Philippine Plant Variety Protection Act of 2002”
Pursuant to Sections 67 & 77 of Republic Act No. 9168, otherwise known as the “PHILIPPINE PLANT VARIETY PROTECTION ACT OF 2002”, which was enacted on June 7, 2002 and became effective on July 19, 2002 ,the following rules and regulations are hereby adopted to implement the provisions of the said Act:
CHAPTER I ARTICLE 1. Title – These rules and regulations, including any subsequent amendments thereto, shall be known as the Implementing Rules and Regulations of the Philippine Plant Variety Protection Act of 2002, hereinafter referred to as the “Rules”.
ARTICLE 2. Purpose – The purpose of these Rules is to
PRELIMINARY PROVISIONS