REPUBLIC ACT NO.

9168
AN ACT TO PROVIDE PROTECTION TO NEW PLANT
VARIETIES, ESTABLISHING A NATIONAL PLANT VARIETY
PROTECTION BOARD AND FOR OTHER PURPOSES
PHILIPPINE AGRICULTURE
 SECTION 1
“Philippine Plant
Variety Protection
Act of 2002.”
• Enacted in 2002 
• Provides the legal basis of a sui generis system of intellectual property rights

• Provides rights to plant breeders over the propagating material of their
protected variety 
• 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
 DEFINITIONS

a) Applicant h) Plant Variety Protection (PVP)

b) Board i) Propagating material
c) Breeder j) Variety
d) Certificate of Plant Variety Protection
e) Commission
f) Harvested material
g) Holder
• The State recognizes the indispensable role
of the private sector, encourages the
participation of private enterprises 
• Provides incentives to needed investments
in the development of new plant varieties.

• Certificate of PVP granted for varieties that
are New, Distinct, Uniform and Stable
SECTION 4 - The Certificate of Plant
Variety Protection shall be granted for
varieties that are:
a) New;
b) Distinct;
c) Uniform; and
d) Stable.
SECTION 5 - Newness.
SECTION 6 - Distinctness.
SECTION 7 - Uniformity.
SECTION 8 - Stability.
SECTION 9 - Variety Denomination.
Policy formulation and implementation of the PVP Law
is overseen by the Plant Variety Protection Board.

a. Secretary of the Department of Agriculture –

Chairman
b. Secretary of the Department of Science and
Technology - Co-Chairman
c. Director General of the Intellectual Property Office -
Vice Chairman
d. Director of the Bureau of Plant Industry
e. Director of the Institute of Plant Breeding
f. President of the Philippine Seed Industry Association
g. The Registrar
WHO MAY
APPLY?
 First to File Rule:
1. Two (2) or more persons develop a new
plant variety separately and independently of
each other, the
Certificate of Plant Variety Protection shall
belong to the
person who files the application first.
2. Two (2) or more persons file an application
for the same plant variety, the right shall be
granted to the person who has the earliest filing
date or priority date.
 Commissioned Work
1.The person who commissioned the breeding, or
discovery and development, of a new plant variety
shall own the plant variety protection.
2. If an employee develops a plant variety in the
course of his employment as a result of the
performance of his regular duties, the plant variety
protection shall belong to the employer (unless there
is written stipulation to the contrary).
3. If the employee developed the plant variety outside
of his duties, the plant variety protection shall belong
to the employee.
Any application for a Certificate of Plant

Priority Date:
Variety Protection previously filed by a
person in another country, which by treaty,
convention or laws affords similar
privileges to Filipino citizens, shall be
considered as filed locally as of the date of
filing of the foreign application.
Requirements for Filing PVP Application:
a. One (1) copy of the completed application form
signed by the applicant, together with all the required
exhibits;
b. Official receipt to prove payment of the
prescribed, non-refundable fee;
c. Samples of the propagating material which are
subject of the application
CONTENTS OF THE APPLICATION FORM
01 Name of the applicant/breeder
02 Address of the applicant/breeder in the Philippines

03 Name of the resident agent and address in the Philippines

04 Description of the variety and characteristics

05 The variety denomination

06 Samples of propagating materials
07 Any other particular required by the regulations.
 Testing Centers
Test of plant samples shall be performed
only in DUS testing centers accredited by the
Board
• State Colleges and Universities
• Bona Fide Research Institutions
• Appropriate Non-Governmental
Research Centers
Substantive Examination:
Three (3) Stages of Examination:
a. Vegetation Stage
b. Flowering Stage
c. Harvesting Stage
No assurance of protection due to
weak enforcement of PVP Law in
Asia
-IP infringement
SECTION 43 - Exceptions to Plant Variety Protection.
a) Acts done for non-commercial purposes;
b) Acts done for experimental purposes;
c) Acts done for the purpose of breeding other varieties,
and
d) The traditional right of small farmers to save, use,
exchange, share or sell their farm produce of a variety
protected under this Act, except when a sale is for the
purpose of reproduction under a commercial marketing
agreement.
 • Contributes to further innovation and

BENEFITS OF PVP
investment in plant breeding
• Contributes to improved plant varieties

• Stimulates plant breeding activity

• Increased diversity in plant breeding activities
• Contribute to access to foreign varieties
The top three with the most
number of PVP are:
1. Pioneer-Hi-Bred - 81
2. East-West Seed - 47
3. Monsanto Technology - 42