Malaysia legislation
Section 5
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 5
(a)
the taking of a biological resource from its natural habitat or place where it is kept, grown or found including in the market for the purpose of research and development;
or
(b)
there is a reasonable prospect as determined by the
Competent Authority that a biological resource taken by the person will be subject to research and development.
(2)
Access to a biological resource shall not include the following activities:
(a)
fishing for commerce, recreation or game;
(b)
taking animals or plants for food;
(c)
taking biological resource that has been cultivated or tended for any purpose other than the purpose of research and development;
(d)
taking natural produce including oils and honey for any purpose other than the purpose of research and development;
(e)
collecting plant reproductive material for propagation;
(f)
carrying out commercial forestry;
Act 795
(g)
in relation to indigenous community and local community, for the use and exchange of the biological resource among themselves in the exercise of their traditional and customary practices;
(h)
taking of a biological resource by any person that is—
(i)
a living modified organism as defined in the
Biosafety Act 2007 [Act 678] for which intellectual property rights have been granted and subsist;
or
(ii)
a plant variety for which a breeder’s right has been granted and subsists under the Protection of New Plant Varieties Act 2004 [Act 634]; and
(i)
access to a biological resource exempted under section 60.
Small farmers’ rights