Plant Variety Protection
Expert Plant Variety Protection & Registration Malaysia
Frequently Asked Questions (FAQ)
Q1: What rights do plant breeders receive?
Once granted plant breeder’s rights, the holder gets exclusive new plant variety rights, including:
- Producing and reproducing the variety
- Selling, exporting, or importing the variety
- Stocking propagating material
This is equivalent to a plant patent and offers full agricultural IP protection during the term of protection.
Q2: Can new plant variety rights be transferred or licensed?
Yes, plant variety protection rights can be:
- Transferred through assignment
- Licensed to others (exclusively or non-exclusively)
All transfers or licensing agreements must be registered with the DOA.
Q3: What are the limitations or exceptions under plant breeder’s rights?
Certain uses are exempt under plant breeder’s rights, preserving farmers’ rights and research freedom:
- Personal and non-commercial use
- Use for breeding other varieties (breeder’s exemption)
- Replanting by traditional farmers (farmers’ privilege)
