Beruflich Dokumente
Kultur Dokumente
Home About BusinessWorld Jobs Advertise Subscribe Contact Us
October 12, 2017 | MANILA, PHILIPPINES
Home Top Stories Finance Corporate Economy Nation Market World Arts & Leisure Sports Opinion
Infographics Weekender High Life Forum Research Video Downloads
Bworldonline.com
Opinion
The Bt Talong case and protecting MORE STORIES
genetically modified plants in the Static Marvin A. Tort:
http://www.bworldonline.com/content.php?section=Opinion&title=the-bt-talong-case-and-protecting-genetically-modified-plants-in-the-philippines&id=125154 1/2
10/12/2017 BusinessWorld | The Bt Talong case and protecting genetically modified plants in the Philippines
engineered versions of his new plant variety (referred to by the PVP Law as Essentially
Derived Varieties).
Although the Supreme Court’s decision appears to contradict one of the purposes of the PVP
Law, it should be pointed out that the PVP Law also recognizes the need to preserve the
environment, to wit: “The State, while recognizing intellectual property rights in the field of
agriculture, does so in a manner supportive of and not inconsistent with its obligation to
maintain a healthful ecology in accord with the rhythm and harmony of nature.”
Thus, while the Supreme Court in the Bt Talong case stopped the field testing of Bt Talong in
the Philippines, it does not necessarily mean that genetically modified plant varieties cannot
be registered and protected under the PVP Law. It is submitted that as long as a plant variety
that is new, distinct, uniform, and stable has been created, in a way that is consistent with
the maintenance of a healthful ecology (say created outside of the Philippines), a PVP Law
application may still be successfully filed.
The views and opinions expressed in this article are those of the author. This article is for
general informational and educational purposes only and not offered as and does not
constitute legal advice or legal opinion).
Jose Eduardo T. Genilo is a Senior Associate of the Intellectual Property Department of the
Angara Abello Concepcion Regala & Cruz Law Offices.
jetgenilo@accralaw.com
[632]8308000
Home About BusinessWorld Jobs Advertise Subscribe Contact Us
http://www.bworldonline.com/content.php?section=Opinion&title=the-bt-talong-case-and-protecting-genetically-modified-plants-in-the-philippines&id=125154 2/2