Section 4
SEC. 4. The Certificate of Plant Variety Protection shall be granted for varieties that are: New; Distinct; Uniform; and Stable.
RA 9168 TITLE III
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Newness.
Section 5
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, by or with the consent of the breeder, for purposes of exploitation of the variety; In the Philippines for more than one (1) year before the date of filing of an application for plant variety protection; or In other countries or territories in which the application has been filed, for more than four (4) years or, in the case of vines or trees, 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 five (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.
Distinctness.
Section 6
SEC. 6. Distinctness. - A variety shall be deemed distinct if it is clearly distinguishable from any commonly known variety. The filing of an application 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 granting 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.
Uniformity.
Section 7
SEC. 7. Uniformity. - The variety shall be deemed uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.
Stability.
Section 8
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.
Back to RA 9168 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
Continue your research
RA 9168, full textChapter navigation and full text, so you can read this section in contextPhilippines legislationPhilippine Laws by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and yearPhilippines: what this database coversWhich datasets are here, which official source they come from, and how current they arePhilippines overview