Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part V · Compulsory Licence
38. Termination of compulsory licence
Feedback & supportThe Board shall have the power to terminate or revoke any compulsory licence granted under section 36 if the Board is satisfied that the licensee has breached any of the terms and conditions of the compulsory licence.
Before terminating a compulsory licence, the Board shall give the licensee a notice in writing requiring him to show cause within fourteen days from the date of receipt of the notice as to why the licence should not be terminated.
compulsory licence
“compulsory licence” means the authorization by the Board under section 36 to perform in Malaysia any act referred to in subsection 30(1) without the consent or agreement of the holder;
After the expiry of the period of fourteen days and after considering any representations made by the licensee, the Board shall decide whether to terminate the licence or to take no further action.
licensee
“licensee” means any person, agency or company to whom a compulsory licence is granted by the Board under section 36;
The Board shall give the licensee a written notice of its decision under subsection (3) as soon as practicable.
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Protection of New Plant Varieties
plant
“plant” means any living organism in the plant kingdom but excludes any micro-organism;