Page 1
International Seminar on the Benefits of Plant Variety Protection
Under the UPOV System Vivere Hotel and Resorts
Alabang, Muntinlupa, Philippines
2 August 2018
Benefits of Plant Variety Protection for the
Philippine Plant Breeders By Dr. Mary Ann P. Sayoc
President, Philippine Seed Industry Association
Page 2
PHILIPPINE AGRICULTURE
• Philippines is still an agricultural country
• Agriculture contributes 9% to the GDP
• 26% of the population is engaged in
agriculture
Page 3
AGRICULTURE 583,933
82%
FISHERIES 122,955
17%
FORESTRY 3,622 1%
2016 GVA (at 2000 Constant Prices)
Page 4
Palay 23%
Corn 7%
Coconut/Copra 5%
Sugarcane 2%
Banana 6%
Mango 3%
Pineapple 3%
Coffee 0% Cassava
2%
Rubber 0%
Other Crops 7%
Livestock 18%
Poultry 14%
Agricultural Activities and Services
10%
Breakdown of Agriculture GVA (at 2000 Constant Prices)
Page 5
PHILIPPINE SEED INDUSTRY ASSOCIATION
Established in 1976
27 members
18 private seed companies
6 distributors
2 government
1 academe
Multinationals: Bayer, DuPont Pioneer, East-West
Seed, Kaneko, Known-Yu, Monsanto, Syngenta,
Bioseed, Seedworks, Unigen
Local seed companies: Allied Botanical, Harbest,
Haverson, Ramgo, SL Agritech, BMD Seed,
Keystone, LongPing
Page 6
PSIA Membership
Private Seed Companies, 18
Distributors, 6
Government, 2 Academe, 1
Page 7
PHILIPPINE SEED INDUSTRY ASSOCIATION
Member of the Asia Pacific Seed Association
(APSA) and the International Seed Federation
(ISF)
Member of the National Seed Industry Council
and the Plant Variety Protection Board
Page 8
PHILIPPINE PLANT VARIETY PROTECTION LAW (RA 9168)
Enacted in 2002
Provides the legal basis of a sui generis system
of intellectual property rights
Provides rights to plant breeders over the
propagating material of their protected variety
An effective intellectual property system in
general and the development of new plant
variety in particular is vital in attaining food
security for the country.
Page 9
PHILIPPINE PLANT VARIETY PROTECTION LAW (RA 9168)
The State recognizes the indispensable role
of the private sector, encourages the
participation of private enterprises
Provides incentives to needed investments in
the development of new plant varieties.
Certificate of PVP granted for varieties that
are New, Distinct, Uniform and Stable
Page 10
PHILIPPINE PLANT VARIETY PROTECTION LAW (RA 9168)
Policy formulation and implementation of the
PVP Law is overseen by the Plant Variety
Protection Board
Board composed of the following:
a. Secretary of the Department of Agriculture –
Chairman
b. Secretary of the Department of Science and
Technology - Co-Chairman
c. Director General of the Intellectual Property
Office - Vice Chairman
d. Director of the Bureau of Plant Industry
e. Director of the Institute of Plant Breeding
f. President of the Philippine Seed Industry
Association
g. The Registrar (Ex Officio)
Page 11
PHILIPPINE PVP AND UPOV
Philippines is not a UPOV member but is one of
the countries which have initiated the procedure
for acceding to the UPOV convention
Section 43 d Exceptions to PVP
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. This provision shall also extend to
the exchange and sale 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.
Page 12
PHILIPPINE PVP AND UPOV
The implementing rules and regulations
further state that the right granted to small
farmers under this provision does not
include the right to sell the protected variety
under the trademark or trade name of the
holder which is associated with the
registered denomination.
Page 13
BENEFITS OF PVP
Contributes to further innovation and
investment in plant breeding
Breeding is a long, tedious and expensive
process
Seed companies spend 10-14% of their
turnover on R&D
Contributes to improved plant varieties
Farmers are in need of improved varieties
that will increase their productivity and
income
Climate change mandates plant breeders
to develop varieties that are resilient to
biotic and abiotic stress
With the Breeders’ Exemption, plant
breeders are able to do their job without
restrictions
Page 14
Galactica F1
Mestisa F1
Bonito F1
Page 15
Mayumi F1 Magnifica F1 Himala F1
Page 16
Morena F1 Gwapito F1
Domino F1
Page 17
BENEFITS OF PVP
Stimulates plant breeding activity
Increase in the number of improved
varieties
Page 18
Summary of Applications Received (2003 – 2018)
17 18
4
21
29
14
23
38
18
30
9
14
21
46
17
43
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Total: 362
Page 19
Summary of Grants (2006 – 2017)
28
17 16 15
20
39
25
16 13
11
24
2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017
Total: 224
Page 20
Rice, 102
Maize, 130
Vegetables, 75
Legumes, 4 Fruits, 37
Plantation Crops, 12 Ornamental, 2
Summary of Applications Per Crop Commodity (2003 – 2018)
Page 21
BENEFITS OF PVP
Increased diversity in plant breeding
activities
Page 22
Individual Breeder, 6 State Universities and Colleges, 17
Government Research
Institutions, 29
Domestic/Local Private Companies,
302
Foreign Companies, 8
Domestic/local private companies make up the huge majority of PVP applications (302)
Page 23
Others, 82
Allied Botanical, 10
Bayer Crop Science, 11
Syngenta Philippines, Inc.,
13
Bioseed Phils., 16
Ramgo, 18
S.L. Agritech Corp., 18
PhilRice, 24
Monsanto Technology
LLC, 42
East-West Seed Company, Inc., 47
Pioneer-HiBred Phils., Inc., 81
Among the seed companies the top three with the most number of PVP are: Pioneer-Hi-Bred - 81; East-West
Seed - 47 and Monsanto Technology - 42.
Page 24
BENEFITS OF PVP
Contribute to access to foreign
varieties
Important source of genetic
diversity for domestic breeding
programs
Wider choice of crops/varieties
for farmers
Foreign applications were
received for banana, blueberry,
raspberry, strawberry,
blackberry and poinsettia
Page 25
OTHER BENEFITS UNDER THE PVP LAW
Gene Trust Fund
For the benefit of bonafide
organizations or institutions managing
and operating an accredited gene
bank
Up to 20% of the fees and charges
Access to genetic resources is
essential to plant breeding and gene
banks maintain genetic diversity and
provides easy access to it.
Plant Variety Gazette
Enables plant breeders to search PVP
varieties online
Page 26
PVP CHALLENGES
One importer selling the
same variety name from
two different companies
of different origins in
Pakistan is evident
proof of malpractice.
DNA analysis showed
that the imitated variety
is not the same as EW
Anmol F1
Legal rules do not deter copycats, physical protection of product is
key priority measure to prevent infringement.
• No assurance of protection due to weak enforcement of PVP Law in Asia
-is the court equipped with judicial expertise to evaluate the cases
-IP infringement – An EWS Example
Page 27
• Not all crops are eligible for PVP application
- due to the absence of DUS test guidelines the benefit of PVP is delayed or not realized
- PVP registration is limited to the species notified by the government
• PVP Law in Thailand combines aspects of UPOV and biodiversity (CBD, ITPGRFA) which
complicate acquisition and utilization of genetic resources for plant breeding and variety development.
There is no clear-cut implementing rules on access and benefit-sharing scheme.
• PVP in TH gives only 12 years of protection to vegetable crops. This is too short to recover R&D
investment considering that variety development takes 10-15 years; less protection gives little
incentive for further R&D.
• India rule requires submission of seeds of parental lines for F1 PVP application along with the
corresponding F1 seed samples. This poses threat to seed security of hybrid parental lines.
PVP CHALLENGES
Page 28
PVP ASPIRATIONS
● Country judiciary to have expertise in PVP, not only in the registration capacity but also in the
capability of investigation and enforcement
● Harmonization of PVP laws and DUS test guidelines
● Creation of separate platform for Access and Benefit Sharing and not as integral part of the
country PVP regulation
● PVP-registered varieties must be publicly searchable online with timely and adequate
information
Page 29
Plant variety protection is essential in ensuring food and
nutritional security, providing increased income to farmers and
improving the quality and diversity of food crops available to
consumers.