Section 5Sec./Art. 5

Newness. - A variety shall be deemed new if the propagating or harvested material of the variety has not been sold, offered for sale or otherwise disposed of to others, by or with the consent of the breeder, for purposes of exploitation of the variety;

a) In the Philippines for more than one (1) year before the date of filing of an application for plant variety protection; or

b) In other countries or territories in which the application has been filed, for more than four (4) years or, in the case of vines or tress, more than six (6) years before the date of filing of an application for Plant Variety Protection.

However, the requirement of novelty provided for in this Act shall not apply to varieties sold, offered for sale or disposed of to others for a period of five (5) years before the approval of this Act. Provided, That application for PVP shall be filed within one (1) year from the approval of this act.