Malaysia legislation

Section 48

of PROTECTION OF NEW PLANT VARIETIES ACT 2004

Section 48

Protection of New Plant Varieties

(1)

The holder shall have the right to institute court proceedings against any person who has infringed or is infringing his rights.

(2)

The holder shall have the same right against any person who has performed acts which make it likely that an infringement will occur, which in this Part is referred to as an “imminent infringement”.

(3)

The proceedings in subsections (1) and (2) may not be instituted after five years from the date the act of infringement is discovered or could have been reasonably discovered by the holder.