Malaysia legislation

Section 40

of PROTECTION OF NEW PLANT VARIETIES ACT 2004

Section 40

Date and effect of invalidation

(1)

When the decision of the court becomes final, the Registrar of the court shall notify the Board and the Board shall record the invalidation on the certificate of registration of the new plant variety and grant of a breeder’s right and in the Register of New

Plant Varieties and publish the fact of such invalidation in the

Gazette.

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Act 634

(2)

Any invalidated certificate of registration and grant of a breeder’s right or claim or part of a claim shall be regarded as null and void from the date of the grant of the breeder’s right.