Malaysia legislation

Section 34

of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017

Section 34

(2)

For the purposes of subsection (1), the National Competent

Authority shall establish measures aimed at preventing the use or commercialisation within Malaysia of a biological resource or traditional knowledge associated with a biological resource, which is not accompanied by a permit or its equivalent.

Access to Biological Resources and Benefit Sharing 37

(3)

A notification by a Competent Authority of the other Party to the Protocol to the National Competent Authority that it has not issued a permit or its equivalent for access to its biological resource or traditional knowledge associated with a biological resource, or mutually agreed terms have been established, shall be prima facie evidence of the notification.