Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Variety Denomination.
SEC. 9. Variety Denomination. - The variety shall be designated by a denomination which shall be its generic description. In particular, it must be different from any denomination that designates an existing variety of the same plant species or closely related species.
Right of Priority over Denomination.
SEC. 10. Right of Priority over Denomination. - The use of a denomination shall not be granted to a breeder if such denomination has already been registered to another breeder or is being used by a third party in relation to the sale or offering for sale of a particular variety prior to the filing date or priority date of an application for a Certificate of Plant Variety Protection. In case two (2) or more breeders/applicants apply for the registration of the same denomination, the breeder/applicant who has the earliest filing date or priority date shall have the right to register the same to the exclusion of the other applicant/breeder(s).
Figures as Denomination.
SEC. 11. Figures as Denomination. - The denomination must enable the variety to be identified. It may not consist solely of figures except when it is an established practice for designating such a variety.
Misleading Denomination.
SEC. 12. Misleading Denomination. - No denomination shall be accepted if it is liable to mislead or to cause confusion concerning the characteristic value or identity of the variety or identity of the breeder.
Refusal of Denomination.
SEC. 13. Refusal of Denomination.- If the denomination does not satisfy these requirements, its registration shall be refused and the breeder shall be required to propose another denomination within a prescribed period. The denomination shall be registered together with the grant of the breeder's right.
Denomination Used in an Application Previously Filed Abroad.
SEC. 14. Denomination Used in an Application Previously Filed Abroad. - An application filed in this country, the subject matter of which is the same as that of an application previously filed abroad, shall use the same denomination as the latter. However, if such denomination does not conform to the provisions of this Title, the applicant/breeder shall be required to submit a new denomination.
Obligation to Use Denomination.
SEC. 15. Obligation to Use Denomination. - Any person, who offers for sale or markets in the Philippines, propagating material of a variety protected, shall be obliged to use the denomination of that variety, even after the expiration of the breeder's right therefor except when the rule of prior rights apply.
Use of Marks.
SEC. 16. Use of Marks. - When a protected variety is offered for sale or marketed, it may be associated with a trademark, trade name or other similar indication with a registered denomination. If such an indication is so associated, the denomination must nevertheless be easily recognizable.
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).