Malaysia legislation
Section 32
Section 32
Duration of breeder’s right
(1)
The breeder’s right to a registered plant variety shall take effect from the filing date of an application for the registration
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Act 634
of the plant variety and grant of breeder’s right and shall subsist for a period of—
(a)
twenty years for a registered plant variety that is new, distinct, uniform and stable; or
(b)
fifteen years for a registered plant variety that is new, distinct and identifiable.
(2)
Notwithstanding the provisions of subsection (1), where an application for the registration of a new plant variety and grant of breeder’s right is made in respect of trees or vines, and the application has complied with the provisions of this Act, the
Board may register the plant variety and grant breeder’s right for a duration of twenty-five years.