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Introduction
Plant Breeders’ Rights, or Plant Variety Protection (PVP), is a type of intellectual property that gives plant breeders the exclusive right to benefit from their effort and innovation towards the development of new plant varieties, and in Malaysia, this is governed by the PNPV Act 2004.
Objective of PNPV Act 2004
To provide for the protection of the rights of breeders of new plant varieties.
Definition of Variety
“Variety” refers to a group of plants in the same category, and it has these features:
- It can be identified by the traits that come from its genes or a mix of genes.
- It can be different from other plant groups because it has at least one of these traits.
- It’s seen as a group that can be grown without changing its characteristics.
Plant Variety Board
- Plant Varieties Board is an entity responsible in managing and setting PVP System under PNPV Act 2004.
- Secretariat to the board is Plant Variety Protection Registration Office, Crop Quality Control Division, and Department of Agriculture Malaysia.
Conditions for Application
- Protected Genera and Species: Open to all kind of plants except for microorganism.
- Prohibition of registration:
The Board shall not approve the registration of a new plant variety or grant a breeder’s right to anyone for the following reasons:
- If the plant variety could harm public order or morality.
- If there is a good reason to believe that growing, reproducing, or using that plant variety could harm the environment.
- Who can apply?
- A breeder;
- The employer of the breeder;
- The successor in title of the breeder;
- A farmer or group of farmers, local community or indigenous people who have carried out the functions of a breeder;
- Any government or statutory body which has carried out the functions of a breeder
Agent is needed by applicant as follows:
| APPLICANT | AGENT |
| Foreign Applicant | a resident or who has a registered office in Malaysia |
| Group of farmers | |
| Local community or an indigenous people | authority representing local community or indigenous people |
Duration of Breeder’s Right
The breeder’s right to a registered plant variety shall take effect from the filing date of an application and protected for a period of:
| Type of application | Duration of Breeder’s right |
| Under Section 14 (1)* | 20 years 25 years (trees and vines/perennial plant) |
| Under Section 14 (2)** | 15 years 25 years (trees and vines/perennial plant) |
*For qualified applicant
**Only for variety which bred, or discovered and developed by traditional farmers, local community or indigenous people
Introduction
Plant Breeders’ Rights, or Plant Variety Protection (PVP), is a type of intellectual property that gives plant breeders the exclusive right to benefit from their effort and innovation towards the development of new plant varieties, and in Malaysia, this is governed by the PNPV Act 2004.
Objective of PNPV Act 2004
To provide for the protection of the rights of breeders of new plant varieties.
Definition of Variety
“Variety” refers to a group of plants in the same category, and it has these features:
- It can be identified by the traits that come from its genes or a mix of genes.
- It can be different from other plant groups because it has at least one of these traits.
- It’s seen as a group that can be grown without changing its characteristics.
Plant Variety Board
- Plant Varieties Board is an entity responsible in managing and setting PVP System under PNPV Act 2004.
- Secretariat to the board is Plant Variety Protection Registration Office, Crop Quality Control Division, and Department of Agriculture Malaysia.
Conditions for Application
- Protected Genera and Species: Open to all kind of plants except for microorganism.
- Prohibition of registration:
The Board shall not approve the registration of a new plant variety or grant a breeder’s right to anyone for the following reasons:
- If the plant variety could harm public order or morality.
- If there is a good reason to believe that growing, reproducing, or using that plant variety could harm the environment.
- Who can apply?
- A breeder;
- The employer of the breeder;
- The successor in title of the breeder;
- A farmer or group of farmers, local community or indigenous people who have carried out the functions of a breeder;
- Any government or statutory body which has carried out the functions of a breeder
Agent is needed by applicant as follows:
Applicant
Foreign Applicant
Group Farmers
Agent
a resident or who has a registered office in Malaysia
Local community or an indigenous people
Agent
authority representing local community or indigenous people
Duration of Breeder’s Right
The breeder’s right to a registered plant variety shall take effect from the filing date of an application and protected for a period of:
Type of application:
Under Section 14 (1)*
Duration of Breeder’s right:
20 years
25 years (trees and vines/perennial plant)
Type of application:
Under Section 14 (2)**
Duration of Breeder’s right:
15 years
25 years (trees and vines/perennial plant)
*For qualified applicant
**Only for variety which bred, or discovered and developed by traditional farmers, local community or indigenous people