Page 3 - Crop Research Corner
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Method by which the plant variety is developed. This includes Information
relating to source of the genetic material or the immediate parental lines of the
newly developed variety.
Documents and information relating to the characteristics of the plant variety
which distinguish the plant variety from the others.
Proposal of plant variety denomination, i.e. name of the new variety.
The condition for registration of new plant varieties and the granting of breeder's right
is that the plant variety is new, distinct, uniform and stable. Notwithstanding,
where a plant variety is bred, or discovered and developed by farmers, local
community or indigenous people, the plant may be registered as a new plant variety
and granted a breeder's right if the plant variety is new, distinct and identifiable.
The plant variety is new if, on the filling date of application for registration and grant
of a breeder's right, the propagating or harvested material has not been sold or
otherwise disposed off on a commercial basis by or with the consent of the breeder
earlier than one year within Malaysia, and in other countries, earlier than six years in
respect of trees and vines and earlier than four years in respect of other plant
varieties. The flowchart for registration and grant of PBR is as shown in Figure 1.
Duration of Breeder’s Right
On approval of the application, the applicant is required to deposit samples of the
seed or any other propagating material of the plant variety at a centre approved by
the Board. Term of protection is 20 years from the filing date of the application for a
plant variety that is new, distinct, uniform and stable, and 15 years for a variety that
is new, distinct and identifiable. For trees and vines, the term of protection is 25
years from the filing date of the application, subject to certain provisions of the Act
and/or Regulations and the discretion of the Board.
Current Status of Plant Varieties being Protected under the PNPV Act
So far, a total of 154 applications for new plant varieties had been submitted to the
Plant Varieties Board since the implementation of the Act on 20 October 2008.
These comprise 84 local applications while the rest are from international
companies. Foreign applications are for chrysanthemum (from the Netherlands and
Japan), pineapple (from USA) and kiwi fruit (from New Zealand). Applications that
have been granted PBR are three chrysanthemum varieties, a papaya variety called
‘Frangi’, two dendrobium orchid varieties and 19 Acacia hybrids. These varieties
have been published in the official gazette of the Malaysian Attorney-General's
Chamber on 5th April 2012 according to the PVP website (http://pvpbkkt.doa.my).
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relating to source of the genetic material or the immediate parental lines of the
newly developed variety.
Documents and information relating to the characteristics of the plant variety
which distinguish the plant variety from the others.
Proposal of plant variety denomination, i.e. name of the new variety.
The condition for registration of new plant varieties and the granting of breeder's right
is that the plant variety is new, distinct, uniform and stable. Notwithstanding,
where a plant variety is bred, or discovered and developed by farmers, local
community or indigenous people, the plant may be registered as a new plant variety
and granted a breeder's right if the plant variety is new, distinct and identifiable.
The plant variety is new if, on the filling date of application for registration and grant
of a breeder's right, the propagating or harvested material has not been sold or
otherwise disposed off on a commercial basis by or with the consent of the breeder
earlier than one year within Malaysia, and in other countries, earlier than six years in
respect of trees and vines and earlier than four years in respect of other plant
varieties. The flowchart for registration and grant of PBR is as shown in Figure 1.
Duration of Breeder’s Right
On approval of the application, the applicant is required to deposit samples of the
seed or any other propagating material of the plant variety at a centre approved by
the Board. Term of protection is 20 years from the filing date of the application for a
plant variety that is new, distinct, uniform and stable, and 15 years for a variety that
is new, distinct and identifiable. For trees and vines, the term of protection is 25
years from the filing date of the application, subject to certain provisions of the Act
and/or Regulations and the discretion of the Board.
Current Status of Plant Varieties being Protected under the PNPV Act
So far, a total of 154 applications for new plant varieties had been submitted to the
Plant Varieties Board since the implementation of the Act on 20 October 2008.
These comprise 84 local applications while the rest are from international
companies. Foreign applications are for chrysanthemum (from the Netherlands and
Japan), pineapple (from USA) and kiwi fruit (from New Zealand). Applications that
have been granted PBR are three chrysanthemum varieties, a papaya variety called
‘Frangi’, two dendrobium orchid varieties and 19 Acacia hybrids. These varieties
have been published in the official gazette of the Malaysian Attorney-General's
Chamber on 5th April 2012 according to the PVP website (http://pvpbkkt.doa.my).
3
