Entitlement.
Section 17
SEC. 17. Entitlement. - Any breeder, with respect to the variety developed, may apply for a plant variety protection and obtain a Certificate of Plant Variety Protection upon compliance with the requirements of this Act.
RA 9168 TITLE V
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Co-ownership of the Right.
Section 18
SEC. 18. Co-ownership of the Right. - If two (2) or more persons contribute to the development of a new plant variety, all of them shall be named in the Certificate of Plant Variety Protection and shall be entitled to such rights as agreed upon in writing or in the absence thereof, the rights in proportion to their contribution in the development of plant variety.
Employee-Employer Relationship.
Section 19
SEC. 19. Employee-Employer Relationship. - In case an employee develops a plant variety in the course of his employment as a result of the performance of his regular duty, the plant variety protection shall belong to the employer, unless there is a written stipulation to the contrary.
First to File Rule.
Section 20
SEC. 20. First to File Rule. - If 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. In case 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.
Priority Date.
Section 21
SEC. 21. Priority Date. - Any application for a Certificate of Plant Variety Protection previously filed by a breeder in another country, which by treaty, convention or law affords similar privileges to Filipino citizens, shall be considered as filed locally as of the date of filing of the foreign application: Provided, That: The local application expressly claims priority; It is filed within twelve (12) months from the filing date of the earliest foreign application; and The applicant submits, within six (6) months from the filing of the local application, authenticated copies of documents which constitute the foreign application, samples or other evidence showing that the variety which is being applied for protection is the same variety which has been applied for protection in a foreign country.
Foreign Nationals.
Section 22
SEC. 22. Foreign Nationals. - For purposes of this Act, a person shall be considered a national of a foreign country if he is a citizen of such country according to its laws, a natural person residing therein, or is a legal entity whose office is registered in such foreign country.
National Treatment.
Section 23
SEC. 23. National Treatment. - Any application filed locally for a Certificate of Plant Variety Protection previously granted to a breeder in another country, which by treaty, convention or law affords similar privileges to Filipino citizens, shall be issued a Certificate of Plant Variety Protection upon payment of dues and compliance to all the provisions of this Act. This Act shall also apply to the nationals of foreign countries that are members of intergovernmental organizations or party to any multilateral agreement or convention concerning the granting of intellectual property protection to plant varieties.
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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
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