Protection Of New Plant Varieties Act 2004

Original Language Title: Protection of New Plant Varieties Act 2004

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Laws of Malaysia Act 634 Re-printing of new plant variety protection Act 2004 Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2006 laws of Malaysia Act 634 new plant variety protection Act 2004 the date of Royal Assent............ 004 June 5, the date of publication in the Gazette of ... ... more July 1, 004 new plant variety Protection laws of Malaysia Act 634 new plant variety protection Act 2004 arrangement of sections part i preliminary section 1. short title and commencement. interpretation part ii Board of Plant Varieties. The establishment of the Board 4. Functions and powers of the Board 5. membership of the Board 6. alternate member 7. Board meeting 8. the Board may invite others to meetings 9. The provisions of the facility by the Ministry's 10. Plant Varieties Fund 11. Expenses shall be charged on the money part iii procedure and conditions for the application for the registration of new plant And the grant of a breeder's right 1. Application for registration of new plant and the grant of a breeder's 4 laws of Malaysia Act 634 1. people who can apply for the registration of new plant and the grant of a breeder's 14. Conditions for registration of new plant and the grant of a breeder's 15. prohibition of registration and the grant of a breeder's 16. the name of the introduction of new plant 17. the filing date of 18. right of priority 19. Initial check-up 0. Request for substantive examination 1. Substantive examination. Application for registration of new plant and the grant of a breeder's right shall be published. opposition against the application for registration of a new plant and grant breeder's 4. the answer from the applicant 5. Filing of evidence dokumentar as support 6. failure to file evidence dokumentar 7. 8. Storage of samples Registration of new plant and the grant of a breeder's right 9. Express part iV rights, limitations and obligations of a person the holder 0. the purview of the breeder's right 1. limitations of breeder. the duration of the breeder's right. Extension of the duration of the breeder's right 4. the availability of reproductive material 5. the duty of a person the holder of part V compulsory license 6. compulsory licence new plant variety Protection Section 5 7. scope and conditions of compulsory licence 8. Termination of compulsory licence part Vi invalidity, cancellation, Surrender And Assignment or Transfer 9. invalidity of breeder's 40. effective date and invalidity 41. The cancellation of the breeder's right 4. Submission of breeder 4. Assignment or transfer of breeder's part Vii appeal 44. appeal 45. Appeal Board 46. decision of the Minister part Viii Infringement 47. Acts deemed to be infringement of 48. Infringement proceedings 49. injunction and award damages part iX offences 50. offences with respect to provide any details, etc., that is false or misleading 51. offence in respect of a breach of these terms and conditions and use of unauthorised samples 5. offences by body corporate section 6 laws of Malaysia Act 634 part X Enforcement of section 5. The grant of power to 54. 55 enforcement powers. power of investigation 56. an extra power a variety of part Xi 57. An initial prosecution 58. jurisdiction to try offences 59. Protection officer 60. Regulations for the protection of new plant 7 laws of Malaysia Act 634 * new plant variety protection Act 2004, an act to provide for the protection of breeder's rights for new plant varieties, and recognition and protection to the contributions made by the farmers, indigenous and local communities against the creation of new plant varieties; to encourage investment and development in breeding new plant varieties in the public and private sectors; and to provide for matters related to it.
[] enacted by the Parliament of malaysia as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the new plant variety protection act 004.
() this Act come into force on such date as the Minister may, by notification in the Gazette.
interpretation 2. In this Act, unless the context otherwise requires — "reproductive material" means any material or plant, or any part of the plant, which is used for duplication or reproduction;
* NOTE — this Act is not yet in force.
8 laws of Malaysia Act 634 "biak breed" means activities which are suitable for the development of any plant varieties;
"prescribed" means prescribed by regulations made under this Act;
"breeder's right" means the right that was provided when the new plant variety registered under this Act;
"Ministry" means the Ministry which is currently responsible for agriculture;
"Fund" means the Fund established Plant Varieties under section 10;
"Board" means the Board of Plant Varieties established under section;
"compulsory licence" means the authorisation by the Board under section 6 to be implemented in malaysia of any act referred to in subsection 0 (1) without permission or consent holders;
"local community" means a group of individuals who have lived together and inherit a continuous process and cultural production or a group of persons living together in a village or area and under a ekobudaya system;
"find and develop" means activity which leads to disclosure of your desired fenotip and affect the genotype of plants and which may or may not involve the creation of genetic diversity accidentally or artificial;
"Minister" means the Minister charged with the responsibility for plant varieties;
"identification name" means the name or identification for a specific plant varieties indicated with letters or a combination of letters and figures written in any language;
"person" includes a body of persons, incorporated or unincorporated;
Protection of new plant 9 "authorised officer" means an officer who is authorized under subsection 5 (1);
"breeder" means a person who has membiakbakakan or has find and develop any plant varieties;
"holder" means the holder of a breeder's right;
"licensee" means any person, agency or company which has been granted a compulsory licence by the Board under section 6;
"Inspector" means any person, Government Department or organisation appointed by the Board for the purpose of carrying out the substantive examination under section 1;
"farmer" means any person who — (a) crops by planting crop itself on the ground;
(b) the planting of plants by means of overseeing directly the crop cultivation in the land by other persons; or (c) to conserve and preserve, separately or in association with any person in any traditional crop varieties or add value to traditional varieties through selection and identification of the characteristics of the variety useful;
"small farmers" means a farmer who started the enterprise does not exceed the size of land designated by the Minister;
"indigenous" means a person who is included in the definition of "indigenous" or "native" as respectively defined in clause () Article 160 and clause (6) of article 161a of the Federal Constitution;
"Centre" means any place approved by the Board for keeping any samples of seeds or reproductive material under section 7;
10 laws of Malaysia Act 634 "sample" includes seeds and any other reproduction materials that can be used for regeneration;
"plant" means any living organisms in nature plants but does not include any microorganisms;
"variety" means a plant group within a single botanical taxonomy from the lowest level of known — (a) that can be defined with presentation features results from a particular genotype or combination of genotype;
(b) that can be distinguished from any other plant group with presentation of at least one of such features; and (c) that can be considered as a unit with regard to its suitability for breed without any changes, and includes breeding materials and plant varieties that harvest;
"the issue of the original plant variety" means a plant variety that — (a) is mostly derived from the basic plant varieties, or of a plant variety which is mostly derived from plant varieties, while maintaining basic presentation characteristics primarily resulting from the genotype or combination of genotype of basic plant varieties;
(b) clearly distinguishable from basic plant varieties; and (c) except for the differences arising because of publication, similar in basic plant varieties in the portrayal of basic characteristics arising from the genotype or combination of genotype of basic plant varieties;
"the registered plant variety" means a plant variety has been registered as a new plant and for which a breeder's right has been granted under this Act;
Protection of new plant 11

"personal representatives in law", in respect of a deceased person, means the person to whom probate of wills by the deceased person or the administration of the estate of a deceased person that has been granted whether in malaysia or outside malaysia.
Part ii Board of Plant Variety Board 3. A Board with the name of "Plant Variety Board" was established.
Functions and powers of the Board 4. (1) the function of the Board is — (a) carry out duties and functions and exercise the powers as provided in this Act;
(b) prescribing the appropriate system for the examination of new plant varieties;
(c) consider and approve or reject applications for registration of new plant and the grant of a breeder's right;
(d) impose fees or administration charges payable under this Act;
(e) prescribing the terms and conditions of the registered plant varieties samples stored in a centre approved by the Board under section 7;
(f) impose such terms and conditions for the use of research and experimentation or export any of the registered plant varieties resulting from local genetic resources or by the natives;
(g) keep and maintain a record of other plant varieties which are not registered in the register of new plant;
1 laws of Malaysia Act 634 (h) administer and control Fund Plant Varieties;
(i) appoint any person, Government Department or organization to be the Inspector for the purposes of carrying out the substantive examination under section 1;
(j) cancel, submit, assign or transfer any breeder's right granted under this Act;
(k) advise the Minister on all matters relating to this Act; and (l) do any other things which it thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions.
() the Board shall have all the powers necessary for or in connection with the performance of its functions under subsection (1) or which is reasonably incidental to the performance of such functions.
membership of the Board 5. (1) the Board shall consist of the following members: (a) the Director General of the Agriculture Department, peninsular malaysia who shall be the Chairman;
(b) the Director General of the Institute of the Malaysian agricultural research and development;
(c) the Director General of the Malaysian rubber Board;
(d) the Director General of the Malaysian Palm oil Board;
(e) the Director General of the Malaysian Cocoa Board;
(f) the Director General of the Forest Research Institute of malaysia;
(g) the Director of agriculture, Sabah;
(h) the Director of agriculture, Sarawak;
Protection of new plant 1 (i) a representative of the Ministry of agriculture and agro-based industries;
(j) a representative of the Ministry of plantations industries and commodities;
(k) a representative from the Ministry of domestic trade and Consumer Affairs; and (l) a representative from the Ministry of science, technology and innovation.
() the Minister shall appoint a senior officer of the Department of agriculture, peninsular malaysia, to be the Secretary to the Board.
alternate member 6. (1) the Minister may appoint an alternate member in respect of each Member of the Board under paragraph 5 (l) (a) to (h) to attend Board meetings in lieu of the Member if the Member is unable to attend for any reason.
() when attending meetings of the Board in lieu of a member, an alternate member shall for all purposes be deemed to be members of the Board.
Meetings of the Board 7. (1) the Chairman shall preside at every meeting of the Board.
() Notwithstanding subsection (1), if for any reason the Chairman is unable to attend a meeting of the Board, the members present shall elect one from amongst the members present to chair the meeting, and the members elected shall exercise the powers of the Chairman for the duration of the meeting and shall be deemed to be the Chairman for the purpose of the meeting.
() a quorum of the Board is six people.
14 laws of Malaysia Act 634 (4) where on any question to be determined by the Board there is an equality of votes, the Chairman shall have the casting vote.
(5) the Board shall meet at the place and at the time prescribed by the Chairman.
the Board may invite others to attend meetings 8. the Board may invite any other person to attend any meeting of the Board for the purpose of advising the Board on any matter under discussion, but that person has no right to vote at the meeting.
the provisions of the facility by the Ministry of 9. the Ministry shall provide for Board staff, funds and other facilities necessary to enable it to discharge its function.
plant varieties Fund 10. (1) a fund known as the "Plant Varieties Fund" which shall be administered and controlled by the Board is established.
() the Fund shall consist of — (a) the amount of the allowance from time to time by the Government or any State Government for the purpose of this Act; and (b) moneys, fees and other charges received by the Board under the Act.
expenses shall be charged on the Fund 11. Fund shall be expended for the purpose of paying any expenses incurred by the Board to carry out the provisions of this Act.
Protection of new plant varieties 15 part iii procedure and conditions for the application for the registration of new plant And the grant of a breeder's application for registration of new plant and the grant of a breeder's right 12. (1) an application for registration of a new plant and the granting of the breeder's right shall be made to the Board in the prescribed manner and shall — (a) state the name, address, nationality and other details of the applicant;
(b) state the method how the plant varieties developed;
(c) supported by documents and information relating to the characteristics of the plant varieties which differentiate the plant varieties with other plant varieties;
(d) state the name of the introduction of plant varieties in accordance with section 16;
(e) contain information relating to the source of the genetic material or plant varieties jurai immediate holding it;
(f) accompanied by written permission provided in advance by the authorities representing local or indigenous community in case the plant varieties developed from traditional varieties;
(g) supported with documents relating to the compliance with any laws regulating access to genetic or biological resources; and (h) supported with documents relating to the compliance with any laws that regulate activities involving organisms that have been genetically modified in case of the new plant variety development involves genetically.
16 laws of Malaysia Act 634 () an application under subsection (1) shall be accompanied by the prescribed fee.
People who can apply for the registration of new plant and the grant of a breeder's right 13. (1) an application for registration of a new plant and the grant of a breeder's right under section 1 can only be made by — (a) the breeder;
(b) the employer of the breeder;
(c) the successors in title of the breeder;
(d) a farmer or a group of farmers, local communities or indigenous people who have been carrying out the functions of a breeder;
(e) any Government or statutory body which has carried out the functions of the breeder.
() if the place of resident or principal place of business of the applicant is outside malaysia or if the applicant is a group of farmers, the applicant shall appoint an agent residing or having a registered office in malaysia to whom notices or process relating to an application for registration and the grant of a breeder's right and other matters relating to the application or the right of the breeder may be served , and if the applicant does not appoint such agents, the Board may refuse to proceed with the application until the agent has been appointed.
() if the applicant is a local community or a native, then authorities representing local or indigenous communities shall be the applicant and agent for notice or process relating to applications and other matters relating to the registration of a new plant variety or breeder could be communicated to him.
Protection of new plant varieties 17 conditions for registration of new plant and the grant of a breeder's 14. (1) subject to section 15 and 16, a new plant variety shall be registered as a new plant and provided breeder if the plant varieties are new, uniform, distinct and stable.
() Notwithstanding subsection (1), if the plant variety bred, or discovered and developed by farmers, local communities or indigenous plant varieties, can be registered as a new plant and was given a breeder if the new plant varieties, different and identifiable.
() for the purposes of subsection (1) and () — (a) a plant variety is new if at the date of filing the application for registration and the grant of a breeder's right, propagating or harvested material of plant varieties that have not been sold or otherwise disposed of on a commercial basis by or with the consent of the breeder —

(i) in malaysia, earlier than one year before the filing date of the application for the registration of new plant and the grant of a breeder's right; and (ii) in other countries — (a) earlier than six years before the date of filing the application for registration of a new plant and the granting of the breeder's right with respect to the trees and plants grow up; and (b) earlier than four years prior to the filing date of the application for registration of a new plant and the granting of the breeder's right with respect to the other plant varieties;
(b) a plant variety is distinct if at the date of filing the application for registration of a new plant and grant breeder's varieties 18 laws of Malaysia Act 634 of the plant can be clearly distinguished from any other plant varieties, whose existence is a matter of common knowledge;
(c) a plant variety is uniform if, subject to the variation that may be expected from the particular nature of their breeding areas, the plant variety is sufficiently uniform in relevant characteristics;
(d) a plant variety is stable if its relevant still unchanged after repeated reproduction or, in the case of a specific breeding cycle, at the end of each particular cycle of it;
(e) a plant variety can be identified if — (i) the plant variety can be distinguished from any other plant group through the portrayal of a feature and the feature can be identified in individual plants or in and covers a group of plants; and (ii) the characteristics can be identified by any person skilled in the field concerned.
prohibition of registration and the grant of a breeder's 15. the Board cannot approve the registration of a new plant and the granting of the breeder's right to any person in respect of any plant varieties — (a) that may affect public order or morality; or (b) if there are reasonable grounds to believe that the cultivation, reproduction or any other use plant varieties that can result in a negative impact on the environment.
the name of the introduction of new plant 16. (1) the name of the introduction of a new plant for which its registration by the Board applied for — (a) must be a title for genetic varieties of the plant;
Protection of new plant 19 (b) must enable the plant varieties are identified;
(c) cannot be solely comprised of figures; and (d) must differ from the names of other plant varieties identification that identifies an existing plant varieties in the same plant species or a species of close relationship.
() the Board may reject any name identification of a plant variety that — (a) does not meet the requirements of subsection (1);
(b) contrary to the public interest or morality;
(c) not suitable for identifying plant varieties; or (d) may cause confusion with respect to features or the identity of the breeder of the plant varieties.
() if the reporting name for a plant variety was rejected by the Board under subsection (), the Board may require that the applicant provide new reporting name within the time specified.
(4) If a new reporting name as required under subsection () is not given by the applicant within the time determined by the Board, then the application shall be deemed to have withdrawn and cannot continue further, but without prejudice to the right of the applicant to apply for a new one.
(5) the name of the registered plant varieties identification shall be used when the plant varieties offered for sale commercially and if a trademark, trade name or other similar indication that is used in conjunction with the reporting name, then the name of the registered plant varieties identification must continue to be easily recognized.
(6) Notwithstanding the duration of the breeder's right with respect to a plant variety has expired, any person offering for sale commercially any reproductive material of a registered plant varieties shall continue to use the name of the registered plant variety identification.
0 the laws of Malaysia Act 634 filing date 17. the date of filing an application for registration of a new plant variety and grant of breeder is the date the application is received by the Board provided that such application shall comply with the requirements of section 1.
right of priority 18. subject to section 17, if two or more applications for the registration of a new plant and the granting of the breeder's right has been accepted by the Board in respect of the same plant varieties, priority shall be given to applications that have been assigned a filing date earlier by the Board.
initial examination of the 19. (1) where an application for registration of a new plant variety and grant of breeder has a filing date and the application is not withdrawn, the Board shall examine the application and determine whether the application complies with the requirements of section 15 and 16.
() if the Board, as a result of inspection under subsection (1), found that the requirements of section 15 and 16 are not complied with, the Board shall give the applicant an opportunity to provide any views about the findings and to amend the application within a specified so that the requirements are complied with, and if the applicant fails to do so, the Board may refuse the application.
() if the Board, as a result of inspection under subsection (1), found that the requirements of section 15 and 16 have been complied with, the Board shall notify the applicant in writing as soon as practicable.
request for substantive examination 20. (1) where an application for registration of a new plant and grant have been inspected breeder of new plant variety Protection 1 under section 19 and the applicant has been notified under subsection 19 (), the applicant shall be filed within the period specified a request for substantive examination of the application.
() A request for substantive examination under subsection (1) — (a) shall be made in the prescribed form;
(b) shall be accompanied by the prescribed fee; and (c) if requested by the Board, shall provide the quantity determined breeding materials required for the purposes of substantive examination the.
substantive examination 21. (1) If a request for substantive examination has been made under section 0, the Board shall refer the application to an Examiner who shall — (a) determine whether the application complies with the requirements of section 14; and (b) shall report its determination to the Board.
() if the Examiner reports in accordance with subsection (1) that the requirements of section 14 is not complied with, the Board shall give the applicant an opportunity to provide any views about the report and to amend the application so as to comply with the requirement within the period specified.
() if the applicant fails to satisfy the Board determined that the requirements of section 14 have been complied with, or to amend the application so as to comply with that, then the Board shall reject the application for registration of a new plant and the grant of the breeder's right.
(4) if the Examiner reports in accordance with subsection (1) that the application as first filed or as amended in compliance with the requirements of section 14, the inspector shall notify the Board in writing of its inspection findings that.
Laws of Malaysia Act 634 applications for registration of new plant and the grant of a breeder's right shall be published 22. If the Board is satisfied that the application for registration of a new plant variety and grant of breeder has complied with the requirements of this Act, the Board shall cause the application to be published in the Gazette.
opposition against the application for registration of a new plant and grant breeder's 23. (1) any person interested may, within three months from the date of publication of an application for registration of a new plant variety and grant of breeder, give notice to the Board and the applicant of his intention to opposes the application for any reason or a combination of the following reasons: (a) that person opposes the application is entitled to the breeder if compared with the applicant;
(b) that the application for the registration of new plant and the granting of the breeder's right does not comply with the requirements of this Act;
(c) that the application for the registration of new plant and the grant of the breeder's right contrary to public order or morality;
(d) that the application for the registration of new plant and the grant of the breeder's right may result in a negative impact on the environment.
() the notice shall be in writing in the manner specified by the Board and shall contain a statement of the grounds of opposition.
The answer from the applicant 24. (1) the applicant shall within thirty days after receiving the notice of opposition is sending a reply to the Board and the opposition, in the manner determined by the Board in writing, stating the reason for application for registration and the grant of a breeder's right.
Protection Of New Plant Varieties

() if the applicant fails to reply to the opposition within the period specified in subsection (1) or, if that period has been extended by the Board, in the additional period, the applicant shall be deemed to be no longer want to proceed with its application for registration of new plant and the grant of a breeder's right.
filing of evidence dokumentar as support 25. (1) where the applicant is submitting a reply under subsection 4 (1), the opposition and the applicant shall file a description dokumentar supporting opposition or application for the registration of new plant and the grant of a breeder's right, as the case may be, by the Board.
() any evidence dokumentar to be filed by the opponent or applicant under subsection (1) shall be filed within the period and in the manner stated by the Board in writing.
() if the applicant filed evidence to support its application, dokumentar opposition may be given the opportunity, within the time specified by the Board in writing to submit to the Board and the applicant evidence a response to be submitted in the manner stated by the Board in writing.
(4) after considering the evidence filed by the opposition dokumentar and applicants, and after giving an opportunity for both parties to make the argument, the Board shall decide whether — (a) shall reject the application for registration of new plant and the grant of a breeder's right; or (b) shall approve the application.
(5) the Board shall, within two months after making a decision under subsection (4), giving the ground its decision in writing.
4 laws of Malaysia Act 634 failure to file evidence dokumentar 26. (1) if the applicant failed to file evidence dokumentar as required under subsection 5 (1), the Board may consider an application for registration of new plant and the grant of the breeder's no longer want to continue.
() if the opposition failed to file evidence dokumentar as required under subsection 5 (1), the Board may consider the opposition no longer want to proceed and shall approve an application for registration of new plant and the grant of the breeder's right.
storage of sample 27. If an application for registration of new plant and the grant of a breeder's right has been approved by the Board and the applicant was notified in writing, the applicant shall, within the time determined by the Board, keep samples of seeds or any other reproductive material of the plant variety in quantities determined by the Board in a centre approved by the Board.
registration of new plant and the grant of a breeder's 28. (1) where the Board is satisfied that the applicant has complied with the requirements of section 7, the Board shall register of new plant and give breeder to the applicant and shall — (a) issue a certificate of registration of new plant and grant of breeder in the prescribed form to the applicant;
(b) record the name of the new plant variety identification and registration of new plant and the grant of a breeder's right in the register of new plant; and (c) publish in the Gazette a reference regarding the registration of new plant and the grant of a breeder's right then.
Protection of new plant 5 () the contents of the certification of breeder shall be prima facie evidence of the facts stated in the certificate and the period of coverage.
Express 29. (1) the Board shall keep and maintain a register called the register of new plant.
() The register shall be kept in such form and shall contain such particulars as may be specified by the Board.
() The register shall be available for inspection by the public, subject to such conditions as it deems fit by the Board.
(4) a copy or extract of any entry in the register certified true by the Secretary of the Board accordingly shall be given to any person who requests a copy or extract on payment of the prescribed fee.
Part iV rights, limitations and obligations of a person the holder scope of breeder's 30. (1) subject to section 1, a person is the holder of the breeder's right shall, in respect of the registered plant varieties for which that right is given, have the right to do all or any of the following acts on a commercial basis: (a) produce or reproduce;
(b) adjusting for the purpose of breeding;
(c) offering for sale;
(d) market, including selling;
(e) export;
(f) importing;
6 laws of Malaysia Act 634 (g) storage materials for the purpose mentioned in paragraph (a) to (f).
() the breeder's right shall also includes — (a) any material reproduction of the registered plant varieties, harvest material plant varieties registered it and the whole or any part of a plant variety if the plant variety breeding material obtained in a way that is not allowed from the registered plant varieties;
(b) plant varieties originally derived from the registered plant varieties, if the registered plant varieties not essentially derived from an other plant varieties;
(c) plant varieties which are not clearly distinguishable from the registered plant varieties; or (d) the production of plant varieties requiring use of the registered plant varieties in repeatedly.
() for the purpose of paragraph 0 () (a), "not allowed" in relation to reproductive material means the reproductive material obtained without consent or authorization holder.
limitations of breeder's 31. (1) the breeder does not include — (a) any act done privately and not on a commercial basis;
(b) any act done for the purpose of experimentation;
(c) any act done for the purpose of breeding other varieties of plants and of any act referred to in paragraph 0 (l) (a) to (g) in respect of other plant varieties that, unless other plant varieties that are essentially derived from the registered plant varieties;
Protection of new plant 7 (d) any act of reproduction by small farmers using crop plant varieties planted in land registered their own;
(e) any change of reproductive material in a reasonable amount among small farmers; and (f) the sale of seeds and farm itself is in a State of small farmer cannot use seeds from their own farm on its own as a result of natural disasters or emergencies or any other factors beyond the control of small farmers that, if the amount being sold does not exceed what is needed to own land.
() the breeder's right granted under section 0 does not apply for any material of plant varieties registered or any material derived from such materials sold in malaysia on a commercial basis by the breeder or by any other person with the truth, unless such materials are used for the purpose of involving — (a) further reproduction of the registered plant varieties; or (b) the export of such materials to a country which does not protect varieties of the plant species or genus encompassing the variety and if material dieksportkan is not for use on.
the duration of the breeder's 32. (1) the breeder of a variety registered plant shall have effect from the date of filing the application for registration of plant varieties and the grant of a breeder's right and shall be valid for a period of — (a) twenty years for plant varieties registered new, different, uniform and stable; or (b) fifteen years for plant varieties registered new, different and identifiable.
() Notwithstanding subsection (1), where an application for registration of a new plant and 8 laws of Malaysia Act 634 grant of breeder made in respect of the tree or plant drawings, and the application has complied with the provisions of this Act, the Board may register such plant varieties and breeder for a period of twenty-five years.
extension of breeder's 33. (1) Notwithstanding the provisions of section, the Board may extend the validity period of a breeder's right granted if the Board is satisfied that the extension is justified on the ground that the needs and interests of the country.
() An application for extension of a breeder's right under subsection (1) shall be made in writing to the Board by the holder before the expiry of the breeder's right.
the availability of breeding materials 34. The holder shall ensure that reproductive material of plant varieties registered that have reasonable quality are available in reasonable quantities within three years from the date of application for registration of new plant and grant of breeder and at reasonable prices as may be determined by the Board.
the duty of a person the holder of 35. (1) the holder shall during the term breeder — (a) maintain on their own at the sample already stored in the Center approved by the Board under section 7;
(b) give the Board when requested by the Board, a registered plant variety breeding material that can be reproduced;
New plant variety protection 9

(c) provide the Board when requested by the Board, facilities and information concerning the registered plant varieties, without any charges.
() for the purposes of paragraph 5 (l) (c), "facility" includes facilities for carrying out an inspection.
Part V compulsory licenses compulsory licenses 36. (1) At any time after the expiration of three years from the grant of a breeder's right, if the Board is satisfied that — (a) any requirement of section 4 is not complied with and the farmers ' community needs for breeding plant varieties registered have yet to be filled; or (b) a significant portion of the registered plant varieties offered for sale are imported, the Board may grant a compulsory licence to any person, agency or company to operate any of the acts referred to in subsection 0 (1) in respect of any material of the registered plant varieties either with or without the consent of the holder even if the holder may have been giving the truth to any of the others.
() The compulsory license before granting the Board shall give the holder a notice in writing of his intention to do so and give the holder the right to make representations within the period specified.
() the Board shall, when considering the representation of shareholders, or in the absence of any representations received within the specified period, making a decision in respect of his intention and shall notify its decision to the holder within a reasonable time.
0 the laws of Malaysia Act 634 (4) if the Board gives a compulsory licence under subsection (1), the Board shall determine a reasonable amount that shall be paid by the licensee to holders as royalty.
scope and conditions of compulsory licence 37. When giving compulsory licence to any person, agency or company, the Board shall determine — (a) the scope of the compulsory license and the right to do any of the acts referred to in section 0 except that any such right cannot cover the Act of importation;
(b) the duration of the compulsory licence; and (c) terms and conditions of the compulsory license.
termination of compulsory licence 38. (1) the Board shall have the power to terminate or cancel any compulsory licence granted under section 6 If the Board is satisfied that the licensee has violated any of the terms and conditions of the compulsory license.
() Before terminating a compulsory licence, the Board shall give a notice in writing to the licensee requiring the licensee shows reasons within fourteen days from the date of receipt of the notice why the license should not be terminated.
() After the expiration of fourteen days and after considering any representations made by the licensee, the Board shall decide whether to terminate the license or not take further action.
(4) the Board shall give a written notice to licensee of its decision under subsection () as soon as practicable.
Protection of new plant 1 part Vi invalidity, cancellation, Surrender And Assignment or transfer of invalidity breeder's 39. (1) any person interested can start court proceedings against the holder to invalidate the registration of a new plant variety and grant of breeder.
() the Court shall invalidate a breeder if the person who requests the pentaksahan proves that — (a) the holder has given the Board the information or statement which is false or misleading with respect to the application for registration of new plant and the grant of the breeder's right;
(b) the holder fails to comply with the requirements of this Act; or (c) the breeder does not belong to the person to the breeder's right has been granted.
() Notwithstanding subsection (), the Court cannot invalidate the registration of a new plant variety and grant of breeder on the ground referred to in paragraph 9 () (c) where the breeder has been diserahhakkan to the person who has the right of the breeder's right.
(4) if the provisions of subsection (1) applies only in respect of some of the claims or some parts of a claim, then the claim or part of a claim may be declared invalid by the Court and invalidity part of a claim shall be declared in the form of a corresponding limitation of the claim in question.
effective date and invalidity 40. (1) when the Court's decision becomes final, the Registrar of the Court shall notify the Board and the Board shall record the certificate of pentidaksahan laws of Malaysia Act 634 registration of new plant and the grant of a breeder's right and in the register of new plant and publish the fact that pentidaksahan in the Gazette.
() any certificate of registration and the grant of a breeder's right or claim or part of a claim that ditidaksahkan shall be considered as null and void from the date of the grant of a breeder's right.
the cancellation of the breeder's 41. (1) the Board may cancel a breeder's right granted to the holder if — (a) the failure to give the Board within the period specified by the Board in writing information, facilities or materials considered to be breeding should be by the Board for the maintenance of the sample stored in a centre approved by the Board when requested by the Board;
(b) the holder fails to pay any fees payable to the Board to make sure the right breeder bakanya remain in force;
(c) the registered plant varieties fail to show the ongoing conditions therefore registration is made and breeder's given;
(d) the breach of any terms and conditions imposed upon him as a holder; or (e) the use or cause to be used any registered plant varieties a sample stored in a centre under section 7 without the prior written permission of the Board.
() Prior to cancel a breeder's right, the Board shall give the holder a notice in writing requiring the holder show cause within fourteen days why the right breeder bakanya should not be cancelled.
() After the expiration of fourteen days and after considering any representations made by the holder, Protection of new plant variety Board shall decide whether to cancel the coverage or not take further action.
(4) the Board shall give the holder a notice in writing of its decision under subsection ().
(5) Cancellation of a breeder's right shall come in force — (a) if there is no appeal against such cancellation, upon the expiry of fourteen days from the date of the notice of revocation is communicated to the holder; or (b) if any appeal against such cancellation, when the cancellation is confirmed by the Minister under section 46.
(6) where the breeder is cancelled under subsection (1), the Board shall — (a) order the holder of a refund certificate of registration of new plant and the grant of a breeder's right to the Board; and (b) has the power to authorize any person working on the production of the plant varieties for reasons of public interest.
(7) the Board shall record such revocation in certificate of registration of new plant and the grant of a breeder's right and in the register of new plant and publish the fact of revocation in the Gazette.
submission of breeder's 42. (1) a holder can submit breeder bakanya by submitting a written request to the Board together with the certificate of registration of new plant and grant, s. bakanya.
() The Submission shall become effective on the date the Board receives certificate of registration and the grant of a breeder's right pursuant to a written request under subsection (1).
() the Board may impose such terms and conditions as may be deemed fit with respect to the submission.
4 laws of Malaysia Act 634 (4) the Board shall record the surrender in the register of new plant and publish the fact of such surrender in the Gazette.
assignment or transfer of breeder's 43. (1) the breeder's right or an application for registration of a new plant variety and grant of breeder assignable or move with the approval of the Board to — (a) the personal representatives in law for holders of or applicants for registration and grant it; or (b) any person who is entitled to on assignment or transfer it via coming into operation of the law.
() Application for assignment or transfer of a breeder's right shall be — (a) made in the manner set out by the Board in writing; and (b) accompanied by the prescribed fee.
() the Board may approve the assignment or transfer of breeder if — (a) it is made in writing signed by or on behalf of the contractual parties; or (b) the holder of or applicant for the registration of a new plant and the grant of the breeder's right to die or become incapable.
(4) before granting approval for the assignment or transfer of a breeder's right, the Board shall publish in the Gazette the details of the application and provide a reasonable period of time for any objection to the application for assignment or transfer it.

(5) Assignment or transfer of a breeder's right shall be recorded in the register of new plant and the fact that transfer or assignment shall be published in the Gazette.
Protection of new plant 5 part Vii appeals appeal 44. any person aggrieved by the decision of the Board in respect of — (a) the rejection of an application for registration of a new plant variety and grant of breeder;
(b) the grant of a compulsory licence under subsection 6 (1);
(c) royalties payable under subsection 6 (4);
(d) termination of compulsory licence under section 8;
(e) cancellation of the breeder's right;
(f) the terms and conditions with respect to the submission of a breeder's right; or (g) the assignment or transfer of a breeder's right may, within thirty days after notified in writing of the Board's decision to appeal in writing against such decision to the Minister.
Appeal Board 45. (1) when an appeal is received under section 44, the Minister shall refer the matter to an appeal board.
() the Appeal Board shall consist of the members of the following: (a) the Secretary General of the Ministry of agriculture and agro-based industry, who shall be the Chairman; (b) the Secretary General of the Ministry of science, technology and innovation; (c) Secretary General Ministry of plantations industries and commodities;
6 laws of Malaysia Act 634 (d) Permanent Secretary of the Ministry of agriculture and food industry of Sarawak; and (e) the Permanent Secretary of the Ministry of agriculture, Sabah.
() At the meeting of the Appeal Board, the quorum of the Board shall be three members.
(4) If for any reason the Chairman was unable to attend the meetings of the Appeal Board, the members present shall elect one from amongst themselves to preside at the meeting and the members elected shall exercise the powers of the Chairman during the meeting and shall be deemed to be the Chairman for the purpose of the meeting.
(5) the Appeal Board may regulate its own procedure in the hearing of any such appeal and shall not be bound by any law or pillars of practice relating to the acceptance of evidence.
(6) the Appeal Board shall consider the appeal and make recommendations to the Minister.
decision of the Minister 46. decision of the Minister shall be final and shall be notified in writing to the person making the appeal.
Part Viii Infringement acts deemed to be infringement 47. subject to the provisions of this Act, infringement of a breeder's right shall consist of the implementation of any act referred to in section 0 in malaysia by a person other than the holder without the consent of the holder in respect of the registered plant varieties for which a breeder's right has been granted to the holder.
Protection of new plant 7 48. infringement proceedings (1) the holder shall have the right to initiate court proceedings against any person who has violated or is violating its rights.
() The holder shall have the same rights against any person performing an act that is likely to cause a breach occurs, which is in this section referred to as an "infringement may occur".
() The proceedings in subsections (1) and () shall not be instituted after five years from the date of the Act of infringement is known or might reasonably known to the holder.
injunction and award damages 49. (1) where the holder proves that an infringement has been committed or is being committed, the Court may award damages and can provide an injunction to prevent further infringement and award any remedy other laws.
() if the holder proves that a violation may have occurred, the Court may grant an injunction to prevent the infringement and award any remedy other laws.
Part iX offences offences with respect to provide any details, etc., that is false or misleading 50. any person who gives or cause to be given to the Board such particulars, information or statement which is false or misleading in respect of an application for the registration of new plant and the grant of a breeder's right commits an offence 8 laws of Malaysia Act 634 and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
offence in respect of a breach of these terms and conditions and use of unauthorised samples 51. any person who — (a) in violation of any terms and conditions imposed upon him as a holder or as a holder of a licence; or (b) without the prior written approval of the Board, use or cause to be used any samples of the registered plant varieties a stored at any Centre under section 7, commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
offences by body corporate 52. If a body corporate commits an offence under this Act or any regulations made under this Act, any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or in purporting to act on any such property, or who in any way or up to any extent is responsible for the management of any of the Affairs of the Corporation , or who assist in the management of the body corporate — (a) may be charged with and tried the same Association in the proceedings together with the body corporate; and (b) if the body corporate is found to have committed the offence, the body corporate shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and protection of new plant 9 (ii) that he took all reasonable steps and conducted all due diligence to prevent the Commission of the offence.
Part X Enforcement authorisation to 53. (1) the Minister may authorize in writing to any officer of the Ministry to exercise powers under this part.
() An officer authorized under subsection (1) shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
54 enforcement powers. (1) any authorized officer or police officer's meteoric not of Inspector may exercise all the powers of enforcement under this Act.
() every authorized officer or police officer, when acting on any person under this Act, shall declare his Office and shall upon request submit to the person against whom he is acting authority card as directed by the Minister that are carried by authorized officers or as directed by the Inspector General of police that carried by the police officer.
power of investigation of 55. An officer authorized shall have all the powers necessary to carry out inspections and to investigate the Commission of any offence under this Act.
40 laws of Malaysia Act 634 56 extra power. any authorised officer or police officer's meteoric not of Inspector may, for the purpose of enforcing this Act, do all or any of the following: (a) enter, inspect and examine with or without notice of any premises or farms at any reasonable time in respect of any offence reasonably suspected to have been committed under this Act;
(b) require the production of any records, books, accounts, computerised data or documents saved by and inspect, examine and copy any of them;
(c) require the production of any document identification of any person in respect of any matters or of an offence under this Act;
(d) make such investigations as may be necessary to determine whether the provisions of this Act have been complied with.
Part Xi commencement of the Various prosecution 57. No prosecution for or in connection with any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
jurisdiction to try offences 58. Notwithstanding any law to the contrary, the Court of first class magistrate shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.
Protection of new plant protection officer 59 41. no action may be brought, instituted or maintained in any court against — (a) any member of the Appeal Board; (b) any member of the Board; (c) any authorized officer; and (d) any Inspector, for any act or omission done in good faith in the execution of their duties and the exercise of their powers under this Act.
regulations 60. (1) the Minister may make regulations for the purpose of carrying out the provisions of this Act.
() without prejudice to the generality of subsection (1), regulations may be made — (a) regulating the procedure of an application for

registration of a new plant variety and grant of breeder and determination of questions relating to the application, registration and grant it, and relating to the extension of registration and grant, and cancellation, surrender, assignment or transfer of a breeder's right;
(b) prescribing the fees and charges payable under this Act and how to collect and manage the fees;
(c) prescribing forms, books, registers, documents and other items to be used under this Act and the information to be submitted for any purpose of this Act;
(d) prescribing the size of land for the purposes of the definition of a person "small farmers"; and (e) provide generally for any other matters for the proper and effective implementation of this Act.
4 laws of Malaysia Act 634 laws of Malaysia Act 634 new plant variety protection Act 2004 List Amendment law short title force amend from – no – Protection of new plant 4 laws of Malaysia Act 634 new plant variety protection act of 2004 amended Section List Section power amend with effect from – there are –