What is Plant Variety Protection?
Plant Variety Protection (PVP), also referred to as Plant Breeders’ Rights, is a form of intellectual property right granted exclusively to breeders of new plant varieties. It confers upon the holder the exclusive right to exploit and commercialise their registered variety, and shares a number of common features with patent protection for industrial inventions. Both forms of protection serve to incentivise and reward innovative activity by granting their respective holders exclusive rights over the results of their creative and technical endeavours.
How we can help to protect your Plant Variety?
Under the New Plant Varieties Malaysia Act 2004, Quality Oracle are able to file applications for the registration of new plant varieties. 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?
- 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
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.
From filing to breeder’s rights.
Common questions.
Browse the FAQ library for in-depth answers on registration, enforcement, costs, and international filing.