Malaysia legislation
Section 12
Section 12
Application for registration of new plant variety and grant of breeder’s right
(1)
An application for the registration of a new plant variety and a grant of a breeder’s right shall be made to the Board in the prescribed manner and shall—
(a)
specify the name, address, nationality and other particulars of the applicant;
(b)
specify the method by which the plant variety is developed;
(c)
be supported by documents and information relating to the characteristics of the plant variety which distinguish the plant variety from other plant varieties;
(d)
specify a plant variety denomination in accordance with section 16;
(e)
contain information relating to the source of the genetic material or the immediate parental lines of the plant variety;
15
Protection of New Plant Varieties
(f)
be accompanied with the prior written consent of the authority representing the local community or the indigenous people in cases where the plant variety is developed from traditional varieties;
(g)
be supported by documents relating to the compliance of any law regulating access to genetic or biological resources; and
(h)
be supported by documents relating to the compliance of any law regulating activities involving genetically modified organisms in cases where the development of the plant variety involves genetic modification.
(2)
An application under subsection (1) shall be accompanied by the prescribed filing fee.
Persons who may apply for registration of new plant variety and grant of breeder’s right