THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
First Regular Session 
) 
S E N A T E  
S. NO. 2 
Introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
The objective of this bill as its main title indicates is to provide for a system of 
community intellectual rights protection which acknowledges the innovative 
contribution of local and indigenous cultural communities with respect to the 
development of genetic resources and the conservation of the country’s biological 
diversity. The bill explicitly concedes that biodiversity has been and should remain 
the commons of local communities with both resources and knowledge being freely 
exchanged among different communities who are also users of the innovation. 
The existing legal framework for intellectual property rights (IPR) in the 
country today recognizes only the dominant industrial model of innovation. It has 
failed to recognize the more informal, communal system of innovation through which 
the farmers and indigenous communities prnduce, select, improve, and breed a 
diversity of crop and livestock varieties - - a process which takes place over a long 
period of time. The existing IPR framework effectively sidesteps the traditional 
knowledge of indigenous communities even if it is widely acknowledged that without 
the input if indigenous knowledge, many products used extensively throughout the 
modern world not exist today. 
For example, a World Health Organization bulletin reports that one of the 120 
active compounds currently isolated from the higher plants and widely used in 
medicine today, 74% show a positive correlation between their modern therapeutic 
use and the traditional use of the plant from which they were derived. 
Dr. Vandana Shiva of the New Delhi-based Research Foundation for Science, 
Technology and Natural Resources Policy captures the unfortunate circumstances 
besetting local innovations best when she said in a recent article the “centuries of 
innovation in the Third World are totally (being) devalued to give monopoly rights to 
plant modifications compared to the evolutienary changes that nature and Third 
World farmers have made.” 
This bill therefore seeks to re-define innovation to recognize both of the 
collective and cumulative intellectual right of the country’s cultural communities over 
the same innovations.. In addition, the bill’s definition of innovation recognizes such 
indigenous knowledge howsoever recorded, whether formally or informally (oral, 
anecdotal, etc.). This is in consideration of the fact that many indigenous 
communities in the country do not have a written tradition or culture. 
This proposed measure likewise seeks to complement and realize one of the 
more important provisions embodied in the international Biodiversity Convention, 
which the Philippines ratified during the last Congress, pertaining to the “equitable 


sharing of (the) benefits” arising from the utilization of the knowledge, innovations, 
and practices of indigenous and local communities. The bill’s provisions towards 
this end meant to emphasize the non-monopolistic facet of community innovations. 
To overcome the difficulty of defining local communities, communities can 
register as an organization, which will have a legal personality with rights similar to 
any other legal entity. But it is also emphasized that failure to register does not alter 
the fact that the community concerned is and will remain the custodian of the 
in novation. 
These and the other provisions of this proposed measure are intended to 
attenuate and prevent the assault against our country’s genetic resources by major 
multinational companies, (especially those working in the areas of drugs and 
agriculture) and their home government. Its central thesis aims to overthrow the 
long-standing paradigms embodied in such international institutions as the World 
Trade Organization (WTO) --formerly the GATT - and the Food and Agriculture 
Organization (FAO) which recognize genetic resources as a “universal heritage” in 
order to guarantee free access for the “First World commercial interests to the raw 
materials of the South. 
Thus the ‘‘common heritage principle” is being abandoned in favor of 
“sovereignty over natural resources’’ as enshrined in the Biodiversity Convention. 
Approval of this bill is therefore earnestly requested. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
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Introduced by Senator Juan M. Flavier 
AN ACT 
PROVIDING FOR THE ESTABLISHMENT OF A SYSTEM OF COMMUNITY 
INTELLECTUAL RIGHTS PROTECTION 
Be it enacfed by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION I 
TITLE. - This Act shall be known as the Community 
Intellectual Rights Protection Act or CIRPA'. 
SECTION 
2 
Declaration of Policies 
(a) 
State Recognition of Traditional Knowledge- The states 
recognizes the original rights of indigenous peoples and local 
communities over plant and genetic resources, traditional 
medicines, agricultural methods and local technologies they 
have discovered and developed. As such; these communities 
shall become the general owners, with primary and residuary 
title to: (i) the formal or informal communal systems of 
innovation through which they produce, select, improve, and 
breed a diversity of crop and livestock varieties; and to (ii) the 
plant varieties, genetic resources, traditional medicines, 
agricultural practices and devices, and technologies produced 
through these systems. 


(b) 
Registration as a Form of 'ntellectual Property Protection- 
It 
shall be the policy of the state to document and make a 
systematic inventory of plant and genetic resources and 
knowledge originating from indigenous and local communities, 
and from all other sectors without the usual access to journals of 
the scientific, business and academic communities, especially 
those who do not have a written tradition or culture. The 
registration of indigenous and traditional knowledge' while 
distinct and separate from the awarding of patients, shall 
become a basis for proprietary ownership. 
(c) 
Community Ownership of Traditional Knowledge - 
All 
benefits arising from the knowledge and innovations by 
indigenous and local communities should accrue to their 
development and welfare and should therefore be equitably 
shared. 
Any commercial utilization of such knowledge and 
innovations should be made only with the free and informed 
consent of its general owners or custodians under terms 
mutually agreed upon. The state shall also strive to protect and 
encourage, the customary use of biological resources in 
accordance with traditional cultural practices which are 
compatible and which promote conservation and sustainable 
use: 
SECTION 3 
Definition of Terms. 
As used in and for purposes 
of this Act, the following terms shall mean: 


a) Biological Diversity- refers to the wide and rich variety of species 
and plants and animals, their genetic material, and the ecosystems 
of which they are part. 
b) Biological Resources- includes all species of plants and animals 
and other organisms, their genetic material and any other biotic 
component of ecosystems with actual or potential use for humanity. 
c) Commercial Utilization- occurs when any process or product is 
made available for sale with profits in the market. 
d) Community Process- knowledge produce through a community 
process are those whose discovery or development could not be 
ascribed to a single individual or juridical person, and/or which 
resulted from the contributions of different groups or generations. 
e) Ex-situ conservation or use- means the conservation or use of 
genetic resources outside of their natural habitats. For example, 
gene banks and botanical gardens hold ex-situ (or off site) 
collections. In-situ means onc'lte conservation or use. 
9 Farmer- refers to all those engaged in the cultivation of crops living 
within the territory of the Philippines. A farmer-innovator means: i) 
an individual who has provided or was the source of parent strains 
used in the development of new plant variety; 
ii) the local 
community which has helped to conserve and develop the genetic 
stocks which have gone into the pedigree of new variety; or iii) the 
residents of an area rich in plant genetic resources from where 
breeders or breeding institutions responsible for the new variety 


have obtained donors of genes for resistance /tolerance/avoidance 
to biotic and /or abiotic stress or other valuable characters. 
g) Gene bank- refers to a temperature and humidity controlled facility 
used to store seed (or other reproductive materials) for future use in 
research and breeding programs. Also called a seed bank. 
h) Germplasm- means the total genetic variability, represented by 
germ cells or seeds, available to a particular population of 
organ isms. 
L 
i) Indigenous people- or indigenous groups or cultural communities, 
refers to a group of people sharing common bonds of language, 
customs, traditions, and other distinctive cultural traits, and who 
have, since time immemorial, occupied, possessed, and utilized a 
territory except when such possession is either prevented or 
interrupted by war, force majeure, displacement by force, deceit or 
stealth or other usurpation. 
d 
j) Innovation - 
refers to the processes or products derived from 
such processes, whether documented in written, recorded, or oral 
form, which constitute an introduction of new changes, including 
alternation, modifications, or improvements. 
k) Plant variety - 
includes cultivar, clone, folk variety hybrid and 
strain. 
I) 
Reproductive material - 
in relation to a plant will mean a) the 
sexual seed of a plant; b) a cutting from a plant; or c) any other 


part or product of that plant from which another plant can be 
produced by different technologies including tissue culture method. 
m) Sustainable use - 
means the use of components of biological 
diversity in a way and at a rate that does not lead to the long-term 
decline of biodiversity, thereby maintaining its potential to meet the 
needs and aspirations of present and future generations. 
n) Traditional mqterial- 
are 
discoveries, 
innovations 
and 
technologies made by indigenous peoples and local communities 
that are usually not recorded in written form, and are transmitted 
orally from generation to generation. Indigenous knowledge form 
part of traditional knowledge, and refers to knowledge distinct to 
indigenous peoples. Both terms may be used interchangeably. 
SECTION 
4 
Community Intellectual Property - 
The 
following 
are hereby declared as the intellectual property of their communities of origin, and 
these communities shall at all times and in alJ perpetuity be the lawfully recognized 
holders of the primary and residuary titles to tk2se property: 
a. 
parent strains and genetic material discovered or selected and 
conserved by local communities, which were used in the development 
of new plant varieties, and which can be harnessed for other potential 
uses; 
b. 
seeds and reproductive materials selected, cultivated, domesticated 
and developed by local communities in situ; 


c. 
agricultural practices and dovices developed from indigenous 
materials, customs, and knowledge; 
d. 
medicinal products and processes developed from the identification, 
selection, cultivation, preparation, storage and application of medicinal 
herbs by local communities and indigenous peoples; 
e. 
cultural products from local communities, such as weaving patterns, 
pottery, painting, poetry, folklore, music, and the like; 
f. 
all other products or processes not made by a single person or juridical 
personality, which was discovered through a community process, or 
when the individual making the innovation does not claim the 
knowledge as his own, provided that any individual or juridical 
personality making such a claim should present proof of innovation or 
a history leading to the discovery that would justify his claim. 
SECTION 
5 
Community Ownership of Intellectual Property - 
A 
community is any group of people living in a geographically defined area with 
common history and definitive patterns of relationship. It may be registered with the 
appropriate government agency as a tribal council, foundation, cooperative, people’s 
organization, or any other form or organization that would effectively represent its 
interests, provided: that their failure to do so shall not prejudice its status as 
custodians or stewards of its traditional knowledge, as provided for in Section 4 of 
this Act. 
A community shall automatically become the general owners of any form or 
product of traditional knowledge, once this is entered in any of the registers provided 
in Section 6 of this Act. As general owners, they are entitled to collect justifiable 


percentage from all profits derived from the commercial use of their knowledge, for a 
period of ten years starting from the date of registration. 
All benefits shall be given directly to the organization that effectively 
represents the community’s interests. In the absence of such an organization, the 
benefits will be held in trust by the State and will be released only by legislation 
enacted in favor of the community. 
SECTION 
6 
Registration of Community Intellectual Property - 
In 
consultation with the concerned local communities, academic experts, and non- 
government organizations, the State shall take the initiative in providing technical 
and other related forms of assistance in the documentation, identification and 
characterization of community intellectual property. The State shall also promote 
rules whereby non-government organizations can extend similar assistance to local 
comm u n it ies. 
All identified and documented community intellectual property shall be 
entered by the concerned agencies of government in the following registers: 
a). 
For plant varieties, seeds, and other plant reproductive materials: The 
National Commission on Plant Genetic Resou ces, which is created through Section 
7 of this Act shall keep and update a National Inventory of Plant varieties, which is 
composed of different Regional Registers of Plant varieties maintained by the 
Commission. 
b). 
For Cultural Products and Heritage: The National Museum shall keep 
and maintain a National Register of Indigenous Cultural Heritage. 
c) 
For Inventions, Industrial Designs and Utility Models: Republic Act 165 
and the Rules and Procedure of the Technology Transfer Registry 
under DTI Administrative Order 6, series of 1992 is hereby amended to 
include as a function of the Bureau of Patents, Trademarks, and 
Technology Transfer (BPTTT), the maintenance and updating of a 


National Register of Indigenous Inventions, Designs and Utility Models, 
which will include agricultural practices and devices developed from 
indigenous materials, customs, and knowledge as well as medicinal 
products and processes developed from the identification, selection, 
cultivation, preparation, storage, and application of medicinal herbs by 
local communities and indigenous peoples. All other products and 
processes which become community intellectual property not covered 
by the National Inventory of Plant varieties or the National Register of 
Indigenous Cultural Heritage shall be the jurisdiction of the BPTTT. 
SECTION 
7 
The National Commission on Plant Genetic Resources - 
The National Commission on Plant Genetic Resources, hereinafter referred to as the 
commission, is hereby created under the Office of the President to keep an updated 
National Inventory of Plant Varieties in pursuit of a mandate to record and recognize 
the contributions of local communities and indigenous peoples to the development 
and discovery of new plant varieties, and to provide for the protection of Philippine 
plant genetic resources from unfair and inequitable exploitation. 
SECTION 
8 
Composition of the Commission. - 
The 
Commission shall be composed of nine commissioners, one of which shall be 
appointed as Chairperson by the President. The Chairperson must be an eminent 
agriculturist with expertise in the fields of crop improvement, seed science and 
technology, and genetic resources conservation and management. She/he shall be 
in charge of administering procedures giving recognition and protection of genetics 
resources in the country as provided for in this Act. 
Aside from the Chairperson, the Commission shall be composed of the 
following: 


a). 
a representative.of the Secretary of the Department of Science and 
Technology, who must be knowledgeable about Giodiveristy and 
biotechnology; 
a representative of the Secretary of the Department of Agriculture, who 
must be knowledgeable about biodiversity and/or biotechnology; 
a representative of the Secretary of the Department of Health, who 
must be 
knowledgeable about 
pharmaceutical 
research and 
b). 
c) 
d eve I o p me n t ; 
a representative of the Secretary of the Department of Trade and 
Industry who must be knowledgeable about patent laws and 
intellectual property; 
d) 
e) 
a representative from the non-government organization sector active 
in the protection of biological diversity to be selected by the NGO’s 
themselves through a process designed by them; 
a representative from the farmers’ sector active in the promotion of 
f) 
farmers’ rights selected through a process designed by the said sector; 
and 
two representatives from people’s organizations or tribal councils with 
a membership consisting of indigenous cultural communities andlor 
their organizations, selected by the aforementioned groups through a 
process designed by them. 
g) 
SECTION 
9 
Implementing Rules and Regulations. - After the lapse 
of ninety (90) days from the approval of this Act, the Commission shall be convened 
to draft the implementing rules and regulations that will ensure the enforcement and 
implementation of the provisions of this Act. The implementing rules and regulations 
shall cover the creation or organization of Regional Registers of Plant Varieties in 
every region of the country, and Genetic Resource Centers suitable for the storage 
and maintenance of germplasm material, the recognition of Community Gene Banks 


organized under non-government auspices, Genetic Identity Centers competent to 
establish the novel and inventive nature of varieties submitted for the recognition 
and protection under this Act, and an autonomous Trust to administer a community 
Gene Fund, deriving its funds from the contributions coming from national and 
international institutions and others interested in strengthening genetic conservation 
by local communities. 
SECTION 
10 
Separability Clause. - 
If any of the provisions of this 
Act is held or declared to be unconstitutional or invalid by the competent court, the 
other provisions hereof not so declared shall continue to be in force as if the 
provision as annulled or voided had never been incorporated in this Act. 
SECTION I I Repealing and Amending Clause. - 
All 
laws, 
executive orders, presidential decrees, rules snd regulations or parts thereof which 
are inconsistent with the provisions of this Act are hereby repealed, amended or 
modified accordingly. 
SECTION 
12 
Effectivity Clause- This Act shall take effect after thirty 
(30) days following its publication in at least 
two(2) newspaper of general 
circulation. 
Approved.