Malaysia legislation

Section 38

of PROTECTION OF NEW PLANT VARIETIES ACT 2004

Section 38

Termination of compulsory licence

(1)

The Board shall have the power to terminate or revoke any compulsory licence granted under section 36 if the Board is satisfied that the licensee has breached any of the terms and conditions of the compulsory licence.

(2)

Before terminating a compulsory licence, the Board shall give the licensee a notice in writing requiring him to show cause within fourteen days from the date of receipt of the notice as to why the licence should not be terminated.

(3)

After the expiry of the period of fourteen days and after considering any representations made by the licensee, the Board shall decide whether to terminate the licence or to take no further action.

(4)

The Board shall give the licensee a written notice of its decision under subsection (3) as soon as practicable.

29

Protection of New Plant Varieties