Page 1 - Crop Research Corner
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Protection of New Plant Varieties in Malaysia
By
Paulus Amin Det
Agriculture Research Centre, Semongok
Introduction
Breeding of new varieties of plants in Malaysia is mainly carried out by government
research agencies and research institutions. There are very few local private
companies that venture into plant breeding which requires a substantial investment
in terms of skill, labour, material resources and financing. In addition it may take
many years of research and development before a new variety can be released for
commercial planting. A new variety, once released, may in many cases be readily
reproduced by others, thereby depriving the breeder the opportunity to profit
adequately from his investment of time, labour and money.
To encourage investment in the breeding of new plant varieties in both public and
private sectors, the Malaysian Government gazetted the Protection of New Plant
Varieties (PNPV) Act on 1 July 2004 which came into operation on 1 July 2007.
Malaysia is also a member of World Trade Organization (WTO) and a signatory to
the Trade Related aspects of Intellectual Property rights (TRIPs) Agreement which,
under Article 27.3(b), stipulates that member countries shall provide for the
protection of plant varieties either by a patent or by an effective sui generis system or
by any combination thereof.
Plant Breeders' Rights (PBR), also called Plant Variety Protection (PVP), is a form of
Intellectual Property Rights (IPRs). It is an exclusive right granted to breeders of new
varieties to exploit their varieties and has features that are in common with patents
for industrial inventions. Both forms of protection grant their holders a form of
exclusive right to pursue innovative activity. PVP is an independent sui generis form
of protection tailored for the purpose of protection of new plant varieties.
Importance of Plant Variety Protection
The other objectives of the PNPV Act are to provide for protection of the rights of
breeders of new plant varieties and also to provide recognition and protection of
contribution made by farmers, local communities and indigenous people towards the
creation of new plant varieties. With the PVP legislation, growers are in a better
position to have access to new and improved varieties for commercial growing.
Temperate flower growers in Malaysia, for example, were facing problem in getting
new varieties from Netherlands and other countries which bred these varieties. With
the implementation of the PNPV Act, plant breeders in other countries can apply for
protection of their varieties in Malaysia.
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By
Paulus Amin Det
Agriculture Research Centre, Semongok
Introduction
Breeding of new varieties of plants in Malaysia is mainly carried out by government
research agencies and research institutions. There are very few local private
companies that venture into plant breeding which requires a substantial investment
in terms of skill, labour, material resources and financing. In addition it may take
many years of research and development before a new variety can be released for
commercial planting. A new variety, once released, may in many cases be readily
reproduced by others, thereby depriving the breeder the opportunity to profit
adequately from his investment of time, labour and money.
To encourage investment in the breeding of new plant varieties in both public and
private sectors, the Malaysian Government gazetted the Protection of New Plant
Varieties (PNPV) Act on 1 July 2004 which came into operation on 1 July 2007.
Malaysia is also a member of World Trade Organization (WTO) and a signatory to
the Trade Related aspects of Intellectual Property rights (TRIPs) Agreement which,
under Article 27.3(b), stipulates that member countries shall provide for the
protection of plant varieties either by a patent or by an effective sui generis system or
by any combination thereof.
Plant Breeders' Rights (PBR), also called Plant Variety Protection (PVP), is a form of
Intellectual Property Rights (IPRs). It is an exclusive right granted to breeders of new
varieties to exploit their varieties and has features that are in common with patents
for industrial inventions. Both forms of protection grant their holders a form of
exclusive right to pursue innovative activity. PVP is an independent sui generis form
of protection tailored for the purpose of protection of new plant varieties.
Importance of Plant Variety Protection
The other objectives of the PNPV Act are to provide for protection of the rights of
breeders of new plant varieties and also to provide recognition and protection of
contribution made by farmers, local communities and indigenous people towards the
creation of new plant varieties. With the PVP legislation, growers are in a better
position to have access to new and improved varieties for commercial growing.
Temperate flower growers in Malaysia, for example, were facing problem in getting
new varieties from Netherlands and other countries which bred these varieties. With
the implementation of the PNPV Act, plant breeders in other countries can apply for
protection of their varieties in Malaysia.
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