Section 34
of Access to Biological Resources and Benefit Sharing Act 2017
Section 34
Any person shall provide permit or its equivalent as evidence of compliance with the law or other regulatory requirements of a Party to the Nagoya Protocol to the relevant authority, before using or commercialising biological resource or traditional knowledge associated with a biological resource accessed from the jurisdiction of such Party, if that Party requires such permit or its equivalent.
(2)
For the purposes of subsection (1), the National Competent
Authority shall establish measures aimed at preventing the use or commercialisation within Malaysia of a biological resource or traditional knowledge associated with a biological resource, which is not accompanied by a permit or its equivalent.
Access to Biological Resources and Benefit Sharing 37
(3)
A notification by a Competent Authority of the other Party to the Protocol to the National Competent Authority that it has not issued a permit or its equivalent for access to its biological resource or traditional knowledge associated with a biological resource, or mutually agreed terms have been established, shall be prima facie evidence of the notification.