43. Assignment or transmission of breeder’s right

Terms defined in s 2

• Board

  Board

  Defined · s 2

  “Board” means the Plant Varieties Board established under section 3;

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• breeder

  breeder

  Defined · s 2

  “breeder” means a person who has bred or has discovered and developed any plant variety;

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• holder

  holder

  Defined · s 2

  “holder” means the holder of a breeder’s right;

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• legal personal representative

  legal personal representative

  Defined · s 2

  “legal personal representative”, in relation to a deceased person, means a person to whom probate of the will of the deceased person or letters of administration of the estate of the deceased person have been granted whether in Malaysia or outside Malaysia.

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• person

  person

  Defined · s 2

  “person” includes a body of persons, corporate or unincorporate;

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• plant

  plant

  Defined · s 2

  “plant” means any living organism in the plant kingdom but excludes any micro-organism;

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• prescribed

  prescribed

  Defined · s 2

  “prescribed” means prescribed by regulations made under this Act;

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• variety

  variety

  Defined · s 2

  “variety” means a plant grouping within a single botanical taxonomy of the lowest known rank— (a) which can be defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes; (b) which can be distinguished from any other plant grouping by the expression of at least one of such characteristics; and (c) which can be considered as a unit with regard to its suitability for being propagated unchanged, and includes propagating material and harvested material of the plant variety;

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