Malaysia legislation

Section 25

of PROTECTION OF NEW PLANT VARIETIES ACT 2004

Section 25

Filing of documentary evidence in support

(1)

Where the applicant submits a reply under subsection 24(1), the opponent and the applicant shall file documentary

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evidence in support of the opposition or the application for the registration of the new plant variety and grant of a breeder’s right, as the case may be, with the Board.

(2)

Any documentary evidence to be filed by the opponent or the applicant under subsection (1) shall be filed within the time and in the manner to be specified by the Board in writing.

(3)

Where the applicant files the documentary evidence in support of his application, the opponent may be given an opportunity, within the time to be specified by the Board in writing, to submit to the Board and applicant evidence in reply to be adduced in the manner to be specified by the Board in writing.

(4)

After considering the documentary evidence filed by the opponent and applicant, and after giving both parties an opportunity to make submissions, the Board shall decide whether—

(a)

to reject the application for the registration of the new plant variety and grant of breeder’s right; or

(b)

to approve the application.

(5)

The Board shall, within two months after making a decision under subsection (4), give its grounds of decision in writing.

Section 25 — AKTA PERLINDUNGAN VARIETI BARU TUMBUHAN 2004