CHAPTER XV
Plant Variety Gazette
ARTICLE 99. Contents. – The Plant Variety Gazette shall contain applications for plant variety protection, Certificates of Plant Variety Protection issued, petitions to cancel a Certificate of Plant Variety Protection, cancelled/nullified Certificates of Plant Variety Protection, and such other matters as the Board deems necessary to be published therein.
ARTICLE 100. Editorial Board. – The Editorial Board shall be composed of the Registrar as Editor and the technical staff of the PVP Office as contributors. The Chairman, Co-Chairman and Vice Chairman of the Board shall serve as Editorial Advisers.
ARTICLE 101. Translation. – The Plant Variety Gazette shall be translated into Filipino. However, in case of any conflict in the interpretation of the English and Filipino versions of the Plant Variety Gazette, the former shall prevail.
ARTICLE 102. Frequency of Publication. – The Plant Variety Gazette shall be published monthly, or such other period as the Board may deem proper.
ARTICLE 103. Distribution. – Copies of the Plant Variety Gazette, either in print or electronic form, shall be distributed for free to all public and private breeding institutions, the members of the Senate and House Committees on Agriculture and to small farmer-groups and indigenous communities who have requested to be included in the mailing list of the PVP Office.
CHAPTER XVI
Fees and Related Charges
ARTICLE 104. Fees and Related Charges. – Fees and other related charges shall be paid by the applicant for the following services and actions:
a) Filing of the application
b) Publication of the application
c) Substantive, Examination
d) DUS Testing
e) Publication of certificate
f) Revival of an abandoned application
g) Reproduction of records, drawings, certificates, exhibits or printed material (copy per page of material)
h) Authentication (each page)
i) Amendment of the Certificate of Plant Variety Registration, unless the mistake be on the part of the PVP Office
j) Re-issuance of a certificate
k) Additional fee for reconsideration
l) Additional fee for late payment
m) Appeal to Board
n) Field inspections by a representative of the PVP Office made at the request of the applicant shall be reimbursable in full (including travel, per diem or subsistence) in accordance with standard government travel regulations
o) Filing for extensions to comply with PVP Board requirements
p) Any other service not covered above will be charged for at rates prescribed by the Registrar
The schedule of fees shall be approved by the Board upon recommendation of the Registrar. It shall be reviewed, and may be adjusted, by the Board periodically to take into account any increase or decrease in the cost of implementing the Act.
ARTICLE 105. Where and When to Pay. – All fees and other related charges shall be paid at the PVP Office and deposited in the PVP Fund. The application and examination fees shall be paid by the applicant at the time of filing the application. The search fee shall be paid upon request. The testing fee shall be paid within 30 days from date of notice to pay. All other fees and related charges shall be paid upon availment of such service or action.
ARTICLE 106. Method of Payment. – Fees shall be paid in cash, money order, or cashier’s checks payable to the PVP Office.
ARTICLE 107. Annual Fees. – To maintain the validity of the Certificate of Plant Variety Protection, the holder shall pay an annual fee to be prescribed by the Board. Annual fee shall be paid starting from the fourth anniversary of the issuance of the certificate and every year thereafter within the first three (3) months of said years. The holder has the option to pay in advance this annual fee for a maximum of twenty (20) years; Provided, that any such payment is deemed non-refundable.
The Certificate of Plant Variety Protection shall expire and cease to have force and effect upon the holder’s failure to pay the annual fees within the prescribed period. A notice of such cancellation shall be published in the Plant Variety Gazette one (1) year after the term of protection has expired. Before such publication, any holder who fails to pay the annual fees may request for a reinstatement of his or her certificate. Provided, that he or she settles his unpaid accounts including surcharges to be determined by the Board. [Sec. 34]
CHAPTER XVII
PVP Fund and Gene Trust Fund
ARTICLE 108. The PVP Fund. – There is hereby created a PVP Fund, hereinafter referred to as the fund, to be administered by the Board. All fees, fines and charges collected by the Board under the Act, shall be deposited in the fund. The Board is hereby authorized to use and disburse the fund without need of approval by any government agency, and subject only to existing accounting and auditing rules and regulations for purposes of defraying the cost of operations in the delivery of its services to the public. [Sec. 70]
ARTICLE 109. Gene Trust Fund. – There shall be an independent and separate trust fund to be administered by the Board, for the benefit of bona fide organizations or institutions managing and operating an accredited gene bank. An amount to be determined by the Board but not to exceed twenty percent (20%) of the fees and charges shall be used for the purposes of the gene trust fund. The trust fund may also accept donations from national and international institutions and other organizations and individuals interested in strengthening genetic conservation: Any juridical person based in the Philippines with the facilities and competent personnel to conserve and maintain the viability of seeds or other propagating materials may be accredited by the Board as a gene bank. Within six months from the effectivity date of these Rules, the Board shall issue the guidelines for the accreditation of gene banks. [Sec. 71]
CHAPTER XVIII
Miscellaneous Provisions
ARTICLE 110. Separability. – The provisions of these Rules are hereby declared to be separable. In the event that one or more of its provisions are held to be invalid, the validity of the other provisions shall not be affected thereby.
ARTICLE 111. Effectivity. – These Rules shall take effect thirty (30) days after its publication in a national newspaper of general circulation.
(SGD.) LUIS P. LORENZO, JR.
Secretary of Agriculture &
Chair, National Seed Industry Council
