. /.WORLD TRADE
ORGANIZATIONIP/C/W/272/Add.3
2 October 2003
(03-5188)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from the Philippines to questions posed by Switzerland
Addendum
By means of a communication from the Permanent Mission of the Philippines, dated 4 June
2003, the Secretariat has received responses to the questions posed by Switzerland, as previouslycirculated in document IP/C/W/263/Add.1.  The communication received from the Philippines was
circulated as an advance copy for the Council's meeting on 4-5 June 2003.
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A. P
ATENTS
Ad response to question 3:
1. You mention that "the proposed sui generis system for protecting plant varieties is
pending with the Philippine legislature".  Please explain what the draft legislation provides in
this regard and when it will enter into force.
The proposed legislation has since become law in the Philippines as Republic Act No. 9168,
otherwise known as the "Philippine Plant Variety Protection Act of 2002", which became effective on
19 July 2002.  R.A. No. 9168 seeks to secure the exclusive rights of breeders with respect to their new
plant varieties that have passed conditions for protection, i.e., new, distinct, uniform and stable.
Details of the legislation are available on the website: www.da.gov.ph.
B. PROTECTION OF UNDISCLOSED INFORMATION
Ad response to question 6:
2. Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorization of a pharmaceutical or ofan agricultural chemical product, please explain in  detail if your legislation explicitly prohibits a
second applicant from relying on, or from referring  to, the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does the
responsible State Agency require the same amount of data from the second applicant as from
the first applicant?  Does your legislation set a specific term of protection for undisclosed test orother data of the first applicant?IP/C/W/272/Add.3
Page 2
In the case of agricultural chemical product, the Pesticide Regulation promulgated by the
Fertilizer and Pesticide Authority of the Department of Agriculture protects the proprietary nature of
all required data submitted by the first applicant for a period of eight years from the date of approval
of registration.  During this period, no subsequent application for registration may be entertained.
Thereafter, subsequent applicants/registrants are required to submit only certain data such as generalinformation, specifications and labeling.
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