COUNTRY : MALAYSIA
CAPITAL : KUALA LUMPUR
LANGUAGES : BHASHA MALAYSIA & ENGLISH
INTERNATIONAL TREATIES TO WHICH MALAYSIA IS SIGNATORY
- World Trade Organisation – WTO.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
PLANT BREEDERS RIGHTS LEGISLATION:
- Protection of New Plant Varieties Act 2004 – PNPV
- New Plant Varieties Regulations 2008
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PNPV protects the following two categories:
- Newly developed varieties.
- Varieties which are discovered, developed, propogated by farmers, local communities, indigenous people.
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PNPV does not protect new varieties if the denomination given to such variety:
- is not capable of identifying such variety;
- consists solely of figures;
- misleads or causes confusion concerning the characteristics, value identity of such variety of the identity of the breeder of such variety;
- is not different from every denomination designating a variety of the same botanical species or of a closely related species registered under the Act;
- is likely to deceive the public or cause confusion regarding identity of such variety;
- is likely to hurt religious sentiments of the public;ParityPatents Law Firms through its Attorney and Law Firms in Malaysia is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
Following persons may file applications seeking protection under the PNPV:
- Persons claiming to be the breeder of the variety;
- Employer of the breeder
- Successors of the breeder of the variety;
- Assignees of the breeders of the variety ;
- Farmers, Groups of Farmers, Communities of Farmers or indiigenous people claiming to be the breeders of the variety;
- Any government / statutory body which has carried out the functions of a breeder.
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PNPV to conform to the following requisites:
- specify the name, address, nationality and other particulars of the applicant;
- specify the method by which the plant variety is developed;
- to be supported with documents and information relating to the characteristics of the plant variety which distinguish the plant variety from other plant varieties;
- to specify a plant variety denomination ;
- to contain information relating to the source of the genetic material or the immediate parental lines of the plant variety;
- to be accompanied with the prior written consent of the authority representing the local community or the indigenous people in cases where the plant variety is developed from traditional varieties;
- to be supported with documents relating to the compliance of any law regulating access to genetic or biological resources; and
- to be supported with documents relating to the compliance of any law regulating activities involving genetically modified organisms in cases where the development of the plant variety involves genetic modification.
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application at the Plant Varieties Office, it is checked to confirm conformity with all the necessary requisites.
- The application is then subjected to a preliminary examination also called a non-technical examination. Applicant is to carry out any amendments therein.
- The application is to then make a request for substantial examination also called a technical examination. Once the application meets the requisites of the substantial examination, the application is published in the official gazette.
- Interested parties may within 3 months from the date of advertisement file opposition to the application.
- In the event the application for registration is not opposed or overcomes opposition, the application gets accepted for registration.
- Once the application gets accepted for registration, the Registrar is to register the variety and issue registration Certificate to the applicant.
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
- For registered plant varieties which are new, distinct, uniform and stable – 20 yrs.
- For registered plant varieties which are new , distinct and identifiable – 15 yrs.
- Trees & Vines – 25 yrs. from the date of filing of the application.Owners of the registered plant variety may have the following rights:
- The exclusive right to exploit the protected variety.
- Prohibiting any person from exploiting the plant variety without prior authorisation from the owner but with certain exceptions.
- Assign, Transfer, License the plant variety. – Institute legal proceedings against people infringing the plant variety as well as the denomination.
Engage in the following activities regarding the propagating material of the plant variety:
- Production of propagating material of the protected variety
- Processing for the purposes of propagation
- Sale, Offer an Exposure for sale of the protected plant variety
- Market, Import and Export the variety
- Stocking the variety for any or all of the above mention purposes
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
After expiry of 3 yrs. from the date of issue of certificate of registration, any interested 3rd party may make an application to the authorities seeking compulsory license stating that :
- The propagating material of the registered variety not available in reasonable quantities, at reasonable rates;
- The needs of the farming community regarding the propagating material not met;
- Excessive proportion of the registered plant variety offered for sale is being imported.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Malaysia, can assist you comprehensively with PBR Compulsory Licence matters.