Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part IV · Rights, Limitations and Duties of a Holder
31. Limitations of breeder’s right
Feedback & supportThe breeder’s right shall not extend to—
breeder
“breeder” means a person who has bred or has discovered and developed any plant variety;
any act done privately on a non-commercial basis;
any act done for an experimental purpose;
any act done for the purpose of breeding other plant varieties and any act referred to in paragraphs 30(1)(a)
to (g) in respect of such other plant varieties, except where such other plant varieties have been essentially derived from the registered plant variety;
any act of propagation by small farmers using the harvested material of the registered plant variety planted on their own holdings;
any exchange of reasonable amounts of propagating materials among small farmers; and
the sale of farm-saved seeds in situations where a small farmer cannot make use of the farm-saved seeds on his own holding due to natural disaster or emergency or any other factor beyond the control of the small farmer, if the amount sold is not more than what is required in his own holding.
The breeder’s right granted under section 30 shall not apply to any material of the registered plant variety or any material derived from that material which has been sold within
registered plant variety
“registered plant variety” means a plant variety which has been registered as a new plant variety and for which a breeder’s right has been granted under this Act;
Malaysia on a commercial basis by the breeder or by any other person with his consent, unless such material is used for purposes involving—
the further propagation of the registered plant variety;
or
the export of the material to a country which does not protect varieties of the plant genus or species to which the variety belongs and where the exported material is not for final consumption.