Malaysia legislation

Section 13

of PROTECTION OF NEW PLANT VARIETIES ACT 2004

Section 13

(a)

a breeder;

(b)

the employer of the breeder;

(c)

the successor in title of the breeder;

(d)

a farmer or group of farmers, local community or indigenous people who have carried out the functions of a breeder;

(e)

any government or statutory body which has carried out the functions of a breeder.

(2)

If the applicant’s ordinary residence or principal place of business is outside Malaysia or if the applicant is a group of farmers, the applicant shall appoint an agent who is a resident or who has a registered office in Malaysia upon whom notice or process relating to the application for registration and grant of a breeder’s right and other matters relating to such registration or breeder’s right may be served, and if the applicant fails to appoint such an agent, the Board may refuse to proceed with the application until the agent has been appointed.

16

Act 634

(3)

If the applicant is a local community or an indigenous people, the authority representing the local community or indigenous people shall be the agent for such applicant and notice or process relating to the application and other matters relating to the registration of a new plant variety or breeder’s right may be served on it.

Section 13 — AKTA PERLINDUNGAN VARIETI BARU TUMBUHAN 2004