Malaysia legislation
Section 41
Section 41
Revocation of breeder’s right
(1)
The Board may revoke a breeder’s right granted to a holder if—
(a)
the holder fails to provide the Board within the period specified by the Board in writing with the information, facilities or propagating materials deemed necessary by the Board for the maintenance of the samples deposited at a centre approved by the Board when requested by the Board;
(b)
the holder fails to pay any fees payable to the Board to keep his breeder’s right in force;
(c)
the registered plant variety fails to demonstrate continuously the conditions for which the registration was made and breeder’s right was granted;
(d)
the holder contravenes any of the terms and conditions imposed on him as a holder; or
(e)
the holder uses or causes to be used any sample of a registered plant variety deposited at a center under section 27 without the prior written permission of the
Board.
(2)
Before revoking a breeder’s right, the Board shall give the holder a notice in writing requiring the holder to show cause within fourteen days as to why his breeder’s right should not be revoked.
(3)
After the expiry of the period of fourteen days and after considering any representations made by the holder, the Board shall decide whether to revoke the protection or to take no further action.
(4)
The Board shall give the holder a written notice of its decision under subsection (3).
31
Protection of New Plant Varieties
(5)
The revocation of a breeder’s right shall take effect—
(a)
if there is no appeal against the revocation, on the expiration of fourteen days from the date on which the notice of revocation is served on the holder; or
(b)
if there is an appeal against such revocation, when the revocation is confirmed by the Minister under section 46.
(6)
If a breeder’s right is revoked under subsection (1), the
Board shall—
(a)
direct the holder to return the certificate of registration of the new plant variety and grant of a breeder’s right to the Board; and
(b)
have the power to authorize any person to undertake the production of the plant variety for reasons of public interest.
(7)
The Board shall record the revocation 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 revocation in the Gazette.