COUNTRY : REPUBLIC OF PHILIPPINES
CAPITAL : MANILA
LANGUAGES : FILIPINO & ENGLISH
INTERNATIONAL TREATIES TO WHICH PHILIPPINES IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Plants (UPOV)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in the Philippines are protected by the Plant Varieties Protection Act 2002
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PVP Act protects Harvested materials and Essentially Derived Varieties which are:
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PVP Act does not protect new varieties if the denomination given to such variety:
- consists solely of numbers.
- is misleading or confusing. iii. is contrary to public policy and morality.
- is not distinct from the existing variety of the same plant species.Applicants are required to propose another denomination if a proposed denomination is found unsuitable by the Registrar within such prescribed period.ParityPatents Law Firms through its Attorney and Law Firms in Philippines is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Successors in-interest,
- Emloyers may seek protection for their plant varieties.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PVP to contain the following requisites:
- Name of the applicant / breeder.
- Address of the applicant / breeder and the resident agent in the Philippines.
- Description of the variety and particulars of the variety including particulars of its characteristics.
- Samples of the propagating materials that are the subject of the applications.
- Other particulars as may be directed to be produced.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application and the contents therein being appropriate with law, the application is accepted and published, the applicant notified of the same. Else, the Registrar may direct the applicant to carry out the necessary amendments.
- Upon acceptance of the application, the Registrar is to advertise the application calling for objections if any from interested 3rd parties.
- Interested parties may within prescribed period from the date of advertisement file opposition to the application.
- In the event the application for registration is not opposed or overcomes opposition, the Registrar proceeds to examine the plant variety.
- Registrar upon being satisfied regarding compliance with all the requisites of the application may proceed to register the plant variety and issue registration Certificate to the applicant.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
- 25 years from the date of grant of registration – for vines and trees.
- 20 years from the date of grant of registration – for all other types.
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Post 2 years of grant of Plant Varieties Protection to the applied variety, interested 3rd parties may file for grant of compulsory licenses for the following reasons:
- The registered plant variety is unable to meet the reasonable requirements of the general public.
- The registered plant variety is unable to meet overseas markets regarding sales of the protected plant variety.
- The plant variety developed relates to and s required in the production of medicines and / or food and the same is not being met effectively by the owner of the registered variety.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Philippines , can assist you comprehensively with PBR Compulsory Licence matters.