Quality Oracle

Registration for Plant Variety Protection in Malaysia

Registration for Plant Variety Protection in Malaysia

Plant Variety Protection With Quality Oracle

Table Of Contents
  1. What is Plant Variety Protection?
  2. Protection of New Plant Varieties Malaysia Act 2004
  3. What Can We Do For You?
  4. Who Can Apply for Plant Variety Protection?
  5. Term of Protection & Renewal
  6. Application Procedure for Registration for Protection of New Plant Varieties
  7. Resources

What is Plant Variety Protection?

Plant Variety Protection (PVP) is a form of Intellectual Property Rights which gives plant breeders the exclusive right to exploit their respective new plant varieties. The PVP is also known as the Plant Breeders’ Rights. The rights to exploit new varieties will permit plant breeders to pursue their innovation and work towards the development of new plant varieties.

As new plant varieties are continually being innovated for greater harvests, stronger resistance against pests or plant diseases and the like, farmers or breeders will require protection for these new plant varieties due to the effort, cost and skills invested in the innovation of new plant varieties.

Protection of New Plant Varieties Malaysia Act 2004

Plant Variety Protection in Malaysia is regulated by the Protection of New Plant Varieties Malaysia Act 2004 and the Protection of New Plant Varieties Regulations 2008. The NPV Act was recognised on the 1st July 2004 and officially came into force on the 20th October 2008.

The purposes of the NPV Act are to:

  • Protect the rights of breeders of new plant varieties;
  • Recognise and protect the contribution made by farmers, local communities and indigenous people towards the development of new plant varieties;
  • Stimulating creation, growth and investment of the breeding of new plant varieties.

What Can We Do For You?

What is Plant Variety Protection? As new plant varieties are continually being innovated for greater harvests, stronger resistance against pests or plant diseases and the like, farmers or breeders will require protection for these new plant varieties due to the effort, cost and skills invested in the innovation of new plant varieties. Plant Variety Protection (PVP) is a form of Intellectual Property Rights which gives plant breeders the exclusive right to exploit their respective new plant varieties. The PVP is also known as the Plant Breeders’ Rights. The rights to exploit new varieties will permit plant breeders to pursue their innovation and work towards the development of new plant varieties. Protection of New Plant Varieties Malaysia Act 2004 (PNPV Act 2004) – Objectives Plant Variety Protection in Malaysia is regulated by the Protection of New Plant Varieties Malaysia Act 2004 and the Protection of New Plant Varieties Regulations 2008. The NPV Act was recognised on the 1st July 2004 and officially came into force on the 20th October 2008. The purposes of the NPV Act are to: • Protect the rights of breeders of new plant varieties • Recognise and protect the contribution made by farmers, local communities and indigenous people towards the development of new plant varieties; • Stimulating creation, growth and investment of the breeding of new plant varieties. What Can We Do For You? Under the New Plant Varieties Malaysia Act 2004, Quality Oracle are able to file applications for the registration of new plant varieties. Our team of professionals are experienced and knowledgeable in all aspects of filing and prosecution of plant variety applications in Malaysia. Once registered, the breeder shall have the rights to: • Producing or reproducing • Conditioning for the purpose of propogation • Offering of sales • Marketing, inclusive of selling • Exporting and importing • Stocking the material for the purposes mentioned above Eligibility to Apply for PVP You are eligible to apply for a PVP if you are: • A breeder • The employer of a breeder • The successor in the 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. Conditions of Registration of New Plant Varieties X Term of Protection & Renewal The term of protection is 20 years for a registered plant variety if it is new, distinct, uniform and stable. The term of protection is 15 years for a registered plant variety if it is new, distinct and identifiable. For trees vines and perennial plants, the term of protection is 25 years. Application Procedure for Registration for Protection of New Plant Varieties X

Under the New Plant Varieties Malaysia Act 2004, Quality Oracle are able to file applications for the registration of new plant varieties. Our team of professionals are experienced and knowledgeable in all aspects of filing and prosecution of plant variety applications in Malaysia.

Once registered, the breeder shall have the rights to:

✓ Producing or reproducing

✓ Conditioning for the purpose of propagation

✓ Offering of sales

✓ Marketing, inclusive of selling

✓ Exporting and importing

✓ Stocking the material for the purposes mentioned above

Who Can Apply for Plant Variety Protection?

Eligibility to Apply for Plant Variety Protection
  • A breeder
  • The employer of a breeder
  • The successor in the 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.

Term of Protection & Renewal

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The term of protection is 20 years for a registered plant variety if it is new, distinct, uniform and stable. The term of protection is 15 years for a registered plant variety if it is new, distinct and identifiable. For trees, vines and perennial plants, the term of protection is 25 years.

Application Procedure for Registration for Protection of New Plant Varieties

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Resources

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