Plant Variety Protection is an independent sui generis form of protection tailored for the purpose of the protection of new plant varieties. It is an exclusive right granted to breeders of new varieties to exploit their varieties via a registration process based on validation of plant characteristics that distinguishes it from other varieties, as outlined in the Malaysian Protection of New Plant Varieties Act 2004 (NPV Act). The responsibility in implementing the NPV Act has been entrusted to the Department of Agriculture (DOA) Malaysia.
Under this NPV Act, the scope of a breeder’s right extends to acts carried out on a commercial basis including producing or reproducing, conditioning for the purpose of propagation, offering for sale, marketing, exporting, importing and stocking the material for the earlier activities. Hence, unauthorized conduct of such acts will constitute an infringement under the NPV law.
At patentsworth, we are committed to assist our clients in securing the protection of new plant varieties.