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Rights of Holders of Plant Variety Protection.
SEC. 36. Rights of Holders of Plant Variety Protection. - In respect of the propagating materials, holders of a Certificate of Plant Variety Protection shall have the right to authorize any of the following acts: Production or reproduction; Conditioning for the purpose of propagation; Offering for sale; Selling or other marketing; Exporting; Importing; and Stocking for any purpose mentioned above.
SEC. 37. The holder may make his authorization subject to conditions and limitations.
Acts in Respect of Harvested Materials.
SEC. 38. Acts in Respect of Harvested Materials. - Except for Sections 43 and 44 of this Title, the rights in the two (2) preceding sections shall also extend to the harvested materials which may be the entire plant or its other parts, if the production thereof resulted directly from the unauthorized use of the plant's propagating materials that are covered by this Act, unless the holder has had the reasonable opportunity to exercise his right in relation to the said propagating materials.
Coverage of Protection.
SEC. 39. Coverage of Protection. - The rights of holder under Sections 36 and 38 of this Act shall also apply in relation to: Varieties which are essentially derived from the protected variety, where the protected variety is not itself an essentially derived variety; Varieties which are not clearly distinct from the protected variety; and Varieties whose production requires the repeated use of the protected variety.
Essentially Derived Varieties.
SEC. 40. Essentially Derived Varieties. - For the purpose of paragraph 39(a), a variety shall be deemed to be essentially derived from the initial variety when: It is predominantly derived from the initial variety, or from a variety that is itself predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety; It is clearly distinguishable from the initial variety; and Except for the differences which result from the act of derivation, it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
Manner of Developing Essentially Derived Varieties.
SEC. 41. Manner of Developing Essentially Derived Varieties. - It shall also be understood that essentially derived varieties may be obtained through processes which may include, but not limited to, the selection of a natural or induced mutant, or of a somoclonal variant, the selection of a variant individual from plants of initial variety, backcrossing or transformation by genetic engineering. Genetic engineering shall be understood as the introduction of genes by laboratory techniques.
Provisional Protection.
SEC. 42. Provisional Protection. - An applicant for a Certificate of Plant Variety Protection shall be entitled to equitable remuneration from any person who, during the period between the publication of the application for the certificate and the grant of that certificate, has carried out acts which, once the certificate is granted, require the holder's authorization as conferred in this Act: Provided, That the applicant shall initiate the legal action against the alleged infringer within two (2) years from the date of the granting of his Certificate of Plant Variety Protection.
Exceptions to Plant Variety Protection.
SEC. 43. Exceptions to Plant Variety Protection. - The Certificate of Plant Variety Protection shall not extend to: Acts done for noncommercial purposes; Acts done for experimental purposes; Acts done for the purpose of breeding other varieties, except when Sections 39 and 40 apply; and The traditional right of small farmers to save, use, exchange, share or sell their farm produce of a variety protected under this Act, except when a sale is for the purpose of reproduction under a commercial marketing agreement. The Board shall determine the condition under which this exception shall apply, taking into consideration the nature of the plant cultivated, grown or sown. This provision shall also extend to the exchange and sell of seeds among and between said small farmers: Provided that the small farmers may exchange or sell seeds for reproduction and replanting in their own land.
Exhaustion of Plant Variety Protection.
SEC. 44. Exhaustion of Plant Variety Protection. - The Certificate of Plant Variety Protection shall not extend to acts concerning any material of the protected variety, or a variety covered by the provisions of Sections 39 and 40 hereof, which has been sold or otherwise marketed by the breeder or with his consent in the Philippines, or any material derived from the said material, unless it: Involves further propagation of the variety in question; or Involves the export of the variety, which enables the propagation of the variety, into a country that does not protect the variety of the plant genus or species to which the variety belongs, except where the exported material is for final consumption purposes.
Right of Attribution.
SEC. 45. Right of Attribution. - No Certificate of Plant Variety Protection shall be issued without naming the breeder(s) unless this right is protested in writing within one (1) year.
Succession/Transmission.
SEC. 46. Succession/Transmission. - The Certificate of Plant Variety Protection shall be considered as a property right and the transmission thereof shall be governed by the law on Property.
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).