What Constitutes Infringement.
SEC. 47. What Constitutes Infringement. - Except as otherwise provided in this Act, any person who without being entitled to do so, performs the following acts:
Sell the novel variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it; or
Import the novel variety into, or export it from, the Philippines; or
Sexually multiply the novel variety as a step in marketing (for growing purposes) the variety; or
Use the novel variety in producing (as distinguished from developing) a hybrid or different variety therefrom; or
Use seed which had been marked "unauthorized propagation prohibited" or "unauthorized seed multiplication prohibited" or progeny thereof to propagate the novel variety; or
Dispense the novel variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received; or
Fails to use a variety denomination the use of which is obligatory under Section 15; or
Perform any of the foregoing acts even in instances in which the novel variety is multiplied other than sexually, except in pursuance of a valid Philippine plant patent; or
Instigate or actively induce performance of any foregoing acts, may be sued by the holder, who may also avail of all such relief as are available in any proceeding involving infringements of other proprietary rights.
Where to Commence Action.
SEC. 48. Where to Commence Action. - Any holder may petition the proper regional trial court for infringement of his plant variety protection as defined in this Act.
Presumption of Validity.
SEC. 49. Presumption of Validity. - Certificates of Plant Variety Protection shall be presumed valid and the burden of proof of their invalidity shall rest on the party assailing them.
Defenses Against Infringement Charges.
SEC. 50. Defenses Against Infringement Charges. - The following shall be valid defenses against infringement charges:
Non-infringement;
The plant variety does not possess at the time of its application criterion of novelty or distinctness;
The alleged infringement was performed under a right adverse to it, prior to the notice of infringement; and/or
Other defenses that are made available under this Act.
Notice.
SEC. 51. Notice. - No damages shall be awarded unless there is actual or constructive notice made upon the alleged infringer.
Damages.
SEC. 52. Damages. - The court may award actual, moral, exemplary damages and attorney's fees according to a proven amount including a reasonable royalty for the use of the protected variety.
Injunction.
SEC. 53. Injunction. - The court may also enjoin the infringer(s) from further performing any act of infringement on the rights of the holder(s) as defined in this Act.
Court to Order Confiscation of Infringing Materials.
SEC. 54. Court to Order Confiscation of Infringing Materials. - Upon petition by the complainant, the court may order the confiscation of infringing materials, and:
Cause their distribution to charitable organization;
Cause the sale and provide the proceeds thereof to research organizations; or
Cause the return to the petitioner for further scientific use.
Prescription.
SEC. 55. Prescription. - No recovery of damages for any infringement case shall prosper when the cause of action has reached more than six (6) years from the time the alleged infringement case was committed.
Criminal Penalty.
SEC. 56. Criminal Penalty. - Any person who violates any of the rights of the holder provided for in this Act may also suffer the penalty of imprisonment of not less than three (3) years but not more than six (6) years and/or a fine of up to three (3) times the profit derived by virtue of the infringement but in no case should be less than One Hundred Thousand pesos (P100,000.00).
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
