Section 3Sec./Art. 3

Definitions. -

a) "Applicant" means the breeder who applies for the grant of a Certificate of Plant Variety Protection.

b) "Board" means the National Plant Variety Protection Board created by this Act. It shall also refer to the National Seed Industry Council during the transition period from the effectivity of this Act up to the time the said Board has been organized and operating.

c) "breeder" means:

1. The person who bred, or discovered and developed a new plant variety; or

2. The person who is the employer of the aforementioned person or who has commissioned the work; or

3) The successors-in-interest of the foregoing persons as the case may be; or

4) The holder of the Certificate of Plant Variety Protection.

d) "Certificate of Plant Variety Protection" means the document issued by the Board pursuant to this Act for the protection of a new plant variety.

e) "Commission" means to engage the services of a person to develop new plant varieties in exchange for monetary or any material consideration.

f) "Harvested material" means any part of a plant with potential economic value or any product made directly therefrom in proper case.

g) "Holder" means a person who has been granted a Certificate of Plant Variety Protection or his successors-in-interest.

h) "Persons" includes natural persons and juridical persons.

i) "Plant" includes terrestrial and aquatic flora.

j) "Plant Variety Protection (PVP)" mans the rights of breeders over their new plant variety as defined in this Act.

k) "Propagating material" means any part of the plant that can be used to reproduce the protected variety.

l) "Regulations" means the rules and regulations promulgated by the Board for the purpose of implementing the provisions of this Act.

m) "Variety" means a plant grouping within a single botanical taxon of the lowest known rank, that without regard to whether the conditions for plant variety protection are fully met, can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant groupings by the expression of at least one (1) characteristics, and considered as a unit with regard to the suitability for being propagated unchanged. A variety may be represented by seed, transplants, plants, tubers, tissue culture plantlets, and other forms.

TITLE III

Conditions for the Grant of the Plant Variety Protection