Malaysia legislation
Section 4
Section 4
Protection of New Plant Varieties
(1)
The functions of the Board shall be—
(a)
to perform the duties and functions and exercise the powers as may be provided for in this Act;
(b)
to set appropriate systems for the examination of new plant varieties;
(c)
to consider and approve or reject applications for registration of new plant varieties and grant of breeder’s rights;
(d)
to impose fees or administrative charges to be paid under this Act;
(e)
to set terms and conditions pertaining to the samples of registered plant varieties deposited at centres approved by the Board under section 27;
(f)
to impose any terms and conditions for the research and experimental use or export of any registered plant variety developed from local genetic resources or by indigenous people;
(g)
to keep and maintain a record of other plant varieties which are not registered in the Register of New Plant
Varieties;
(h)
to administer and control the Plant Varieties Fund;
(i)
to appoint any person, government department or organization to be an Examiner for the purposes of conducting a substantive examination under section 21;
(j)
to revoke, surrender, assign or transmit any breeder’s right granted under this Act;
(k)
to advise the Minister on all matters pertaining to this
Act; and
(l)
to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions.
(2)
The Board shall have all such powers as may be necessary for or in connection with the performance of its functions under subsection (1) or which are reasonably incidental to such performance.
12
Act 634