Manila, The Philippines
July 7, 2002

President Gloria Macapagal-Arroyo today approved the law that would establish a body that would oversee and implement the protection of plant varieties in the country.

In simple rites at Malacañang’s Ceremonial Hall, the President formally signed Republic Act 9168, also known as the Philippine Plant Variety Protection Act of 2002.

Under the new law, the National Plant Variety Protection Board (NPVPPB) would manage the implementation of the Plant Variety Protection (PVP) system that would determine ownership over new plant varieties.

The new law also established the Gene Trust Fund that would support the preservation of germplasm by government and private sector groups.

RA 9168 is aimed at protecting and securing the exclusive rights of plant breeders with respect to their new plant variety, particularly when beneficial to people, through an effective intellectual property system.

Under the PVP system, a plant breeder could apply for a PVP certificate over a new plant variety from the board.

A certificate and all attendant ownership rights would be given to the plant breeder if the plant variety has passed the test of distinctness, uniformity, stability, and newness.

Holders of a certificate of plant variety would have the right to authorize the production or reproduction, conditioning for the purpose of propagation, offering to sale, selling or other marketing strategies, exporting, importing and stocking of the plant variety.

A provision on exemption to plant variety protection has acknowledged the traditional right of the farmer to save, use, replant and sell his produce from a protected variety, provided that propagation is not being done for commercial purposes.