Malaysia legislation
Section 43
Section 43
Assignment or transmission of breeder’s right
(1)
A breeder’s right or an application for the registration of a plant variety and grant of a breeder’s right may be assigned or transmitted with the approval of the Board to—
(a)
the legal personal representative of the holder or the applicant for such registration and grant; or
(b)
any person entitled by operation of law to such assignment or transmission.
(2)
The application for the assignment or transmission of a breeder’s right shall be—
(a)
made in the manner to be specified by the Board in writing; and
(b)
accompanied with the prescribed fee.
(3)
The Board may approve the assignment or transmission of the breeder’s right if—
(a)
it is in writing signed by or on behalf of the contracting parties; or
(b)
the holder or the applicant for the registration of a new plant variety and grant of a breeder’s right dies or becomes incapacitated.
(4)
Before granting its approval for the assignment or transmission of a breeder’s right, the Board shall publish in the Gazette the details of the application and provide a reasonable period of time for any objection to the application for the assignment or transmission.
(5)
The assignment or transmission of a breeder’s rights shall be recorded in the Register of New Plant Varieties and the fact of such assignment or transmission shall be published in the
Gazette.
33
Protection of New Plant Varieties