Malaysia legislation
Section 14
Section 14
Conditions for registration of new plant variety and grant of breeder’s right
(1)
Subject to sections 15 and 16, a plant variety shall be registered as a new plant variety and granted a breeder’s right if the plant variety is new, distinct, uniform and stable.
(2)
Notwithstanding subsection (1), where a plant variety is bred, or discovered and developed by a farmer, local community or indigenous people, the plant variety may be registered as a new plant variety and granted a breeder’s right if the plant variety is new, distinct and identifiable.
(3)
For the purposes of subsections (1) and (2)—
(a)
a plant variety is new if on the filing date of the application for registration and grant of a breeder’s right, the propagating or harvested material of the plant variety has not been sold or otherwise disposed of on a commercial basis by or with the consent of the breeder—
(i)
within Malaysia, earlier than one year before the filing date of the application for registration of a new plant variety and grant of a breeder’s right;
and
(ii)
in other countries—
(A)
earlier than six years before the filing date of the application for registration of a new plant variety and grant of a breeder’s right in respect of trees and vines; and
(B)
earlier than four years before the filing date of the application for registration of a new plant variety and grant of a breeder’s right in respect of other plant varieties;
17
Protection of New Plant Varieties
(b)
a plant variety is distinct if on the filing date of the application for registration of a new plant variety and grant of a breeder’s right it is clearly distinguishable from any other plant variety, the existence of which is a matter of common knowledge;
(c)
a plant variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics;
(d)
a plant variety is stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each particular cycle;
(e)
a plant variety is identifiable if—
(i)
it can be distinguished from any other plant grouping by the expression of one characteristic and that characteristic is identifiable within individual plants or within and across a group of plants;
and
(ii)
such characteristics can be identified by any person skilled in the relevant art.