Section 47Sec./Art. 47

What Constitutes Infringement. - Except as otherwise provided in this Act, any person who without being entitled to do so, performs the following acts:

a) 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

b) Import the novel variety into, or export it from, the Philippines; or

c) Sexually multiply the novel variety as a step in marketing (for growing purposes) the variety; or

d) Use the novel variety in producing (as distinguished from developing) a hybrid or different variety therefrom; or

e) Use seed which had been marked "unauthorized propagation prohibited" or "unauthorized seed multiplication prohibited" or progeny thereof to propagate the novel variety; or

f) 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

g) Fails to use a variety denomination the use of which is obligatory under Section 15; or

h) 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

i) 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.