Page 2 - Crop Research Corner
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The Protection of New Plant Varieties (PNPV) Act 2004
The PNPV Act is a pan-Malaysian by nature, which is applicable to all plants but
excludes microorganisms. Protection of a new variety is granted via a registration
process based on validation of plant characteristics that distinguishes it from other
varieties. The responsibility in implementing the PNPV Act 2004 has been entrusted
to the federal Department of Agriculture in Putrajaya. Under this 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
PNPV law.
There are limitations to plant breeder's right under this Act. These include any acts
done privately on a non-commercial basis or for an experimental purpose or any act
done for the purpose of breeding other plant varieties, propagation by small farmers
using harvested material of the registered plant variety planted on their own holding,
exchange of reasonable amount of propagating materials among small farmers and
the sale of farm-saved seeds in situations where non-usage is beyond the control of
the farmer.
Who may apply for PVP?
The person who may apply for registration of new plant variety for breeder's right
are: (a) a breeder, (b) the employer of the breeder, (c) the successor in the title of
the breeder, (d) a farmer or group of farmers, local community or indigenous people
who have carried out the functions of a breeder and (e) any government or statutory
body which has carried out the functions of a breeder. However, if the applicant's
ordinary residence or principal place of business is outside Malaysia or if the
applicant is a group of farmers, the applicant should appoint an agent who is a
resident or who has a registered office in Malaysia. Besides that, if the applicant is a
local community or an indigenous people, the authority representing the local
community or indigenous people shall be the agent.
Conditions for Registration
The PNPV Act provides for two (2) categories of new plant varieties to be registered:
(a) for newly developed varieties under Section 14 (1), and (b) for varieties which
are discovered, developed and propagated by farmers, local communities or
indigenous people under Section 14 (2). The application for registration of a new
plant variety and grant of a breeder's right must be filed with the Plant Varieties
Board. The application is to include the following information and documents:
Form PVBT 1 (for a newly developed plant variety) or PVBT 2 (for a variety
which is bred, or discovered and developed by a farmer, local community or
indigenous people).
A Technical Questionnaire.
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The PNPV Act is a pan-Malaysian by nature, which is applicable to all plants but
excludes microorganisms. Protection of a new variety is granted via a registration
process based on validation of plant characteristics that distinguishes it from other
varieties. The responsibility in implementing the PNPV Act 2004 has been entrusted
to the federal Department of Agriculture in Putrajaya. Under this 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
PNPV law.
There are limitations to plant breeder's right under this Act. These include any acts
done privately on a non-commercial basis or for an experimental purpose or any act
done for the purpose of breeding other plant varieties, propagation by small farmers
using harvested material of the registered plant variety planted on their own holding,
exchange of reasonable amount of propagating materials among small farmers and
the sale of farm-saved seeds in situations where non-usage is beyond the control of
the farmer.
Who may apply for PVP?
The person who may apply for registration of new plant variety for breeder's right
are: (a) a breeder, (b) the employer of the breeder, (c) the successor in the title of
the breeder, (d) a farmer or group of farmers, local community or indigenous people
who have carried out the functions of a breeder and (e) any government or statutory
body which has carried out the functions of a breeder. However, if the applicant's
ordinary residence or principal place of business is outside Malaysia or if the
applicant is a group of farmers, the applicant should appoint an agent who is a
resident or who has a registered office in Malaysia. Besides that, if the applicant is a
local community or an indigenous people, the authority representing the local
community or indigenous people shall be the agent.
Conditions for Registration
The PNPV Act provides for two (2) categories of new plant varieties to be registered:
(a) for newly developed varieties under Section 14 (1), and (b) for varieties which
are discovered, developed and propagated by farmers, local communities or
indigenous people under Section 14 (2). The application for registration of a new
plant variety and grant of a breeder's right must be filed with the Plant Varieties
Board. The application is to include the following information and documents:
Form PVBT 1 (for a newly developed plant variety) or PVBT 2 (for a variety
which is bred, or discovered and developed by a farmer, local community or
indigenous people).
A Technical Questionnaire.
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