Malaysia legislation
Section 30
Section 30
Scope of breeder’s right
(1)
Subject to section 31, a holder of a breeder’s right shall, in respect of the registered plant variety for which the right is granted, have the right to carry out all or any of the following acts on a commercial basis:
(a)
producing or reproducing;
(b)
conditioning for the purpose of propagation;
(c)
offering for sale;
(d)
marketing, inclusive of selling;
(e)
exporting;
(f)
importing;
(g)
stocking the material for the purposes mentioned in paragraphs (a) to (f).
(2)
The breeder’s right shall also extend to—
(a)
any propagating material of the registered plant variety, harvested material of the registered plant variety and the entire or any part of a plant variety where the propagating material of that plant variety is obtained through unauthorized means from the registered plant variety;
(b)
plant varieties which are essentially derived from the registered plant variety, if the registered plant variety is not essentially derived from another plant variety;
(c)
plant varieties which are not clearly distinguishable from the registered plant variety; or
(d)
the production of other plant varieties which require the repeated use of the registered plant variety.
(3)
For the purposes of paragraph 30(2)(a), “unauthorized” in relation to the propagating material means it is obtained without the consent or permission of the holder.
25
Protection of New Plant Varieties