Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part VII · Appeals
44. Appeals
Feedback & supportAny person who is aggrieved by the decision of the Board with regard to—
the rejection of an application for the registration of a new plant variety and grant of a breeder’s right;
plant
“plant” means any living organism in the plant kingdom but excludes any micro-organism;
the grant of a compulsory licence under subsection 36(1);
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;
the royalty to be paid under subsection 36(4);
the termination of a compulsory licence under section 38;
the revocation of a breeder’s right;
breeder
“breeder” means a person who has bred or has discovered and developed any plant variety;
the terms and conditions in respect of the surrender of a breeder’s right; or
the assignment or transmission of a breeder’s right, may, within thirty days after being informed in writing of the decision of the Board appeal in writing against such decision to the Minister.