WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/IIMYS/P/2 
15 February 2006 
(06-0636) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
MALAYSIA 
The present document reproduces the text1 of the Protection of New Plant Varieties Act 2004 
(Act 634), notified by Malaysia under Article 63.2 of the Agreement by means of a communication 
dated 30 November 2005. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MALAISIE 
Le present document contient le texte1 de la Loi de 2004 sur la protection des obtentions 
vegetales (Loi nO 634), notifiee par la Malaisie au titre de l'artic1e 63:2 de l'Accord par voie d'une 
communication datee du 30 novembre 2005. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
MALASIA 
En el presente documento se reproduce el texto 1 de la Ley de Proteccion de las Obtenciones 
Vegetales de 2004 (Ley 634), que Malasia notifico de conformidad con 10 dispuesto en el parrafo 2 
del articulo 63 del Acuerdo mediante una comunicacion fechada el 30 de noviembre de 2005. 
I In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IPINIIIMYS/P/2 
Page 2 
LAWS OF MALAYSIA 
PROTECTION OF NEW PLANT V.A.RIETIES ACT 2004 Date of Royal Assent 
-Date of publicatio:p. in the 
Gazette .....: . 25 June 2004 
1 July 2004 IP INIlIMYSIP /2 
Page 3 IP INIIIMYSIP 12 
Page 4 
LAWS OF MALAYSIA 
Act 634 
PROTECTION OF NEW PLANT VARIETIES ACT 2004 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
Section 
1. Short title and commencement 
2. Interpretation 
PARTII 
PLAl'fT VARIETIES BOARD 
3. Establishment of the Board 
4. Functions and powers of the Board 
5. Membership of the Board 
6. Alternate member 
7. Meetings of the Board 
8. Board may invite others to meetings' 
9. Provision of facilities by MinistrY 
10. Plant Varieties Fund 
11. Expenditure to be charged on the Fund 
PART ill 
PROCEDURE AND CONDITIONS FOR APPLICATION OF 
REGISTRATION OF NEW PLANT VARIETY AND GRANT OF 
BREEDER'S RIGHT 
12. Application for registration of new plant variety and grant of breeder's 
right 
13. Persons who may apply for registration of new plant variety and grant 
of breeder's right Section IP 1Nl 1 IMYSIP 12 
Page 5 
14. Conditions for registration of new plant variety and grant of breeder's 
right 
15. Prohibition of registration and grant of breeder's right 
16. . Denomination of a new plant variety 
17. Filing date 
18. Right of priority 
19. Preliminary examination 
20. Request for substantive examination 
21. Substantive examination 
22. Application for registration of new plant variety arid grant of breeder's 
right to be published 
23. Opposition to application for registration of a new plant variety and 
grant of breeder's right "'- ~ 
24. Reply by applic3.?-t 
25. Filing of documentary evidence in support 
26. Failure to file documentary evidence 
. 27. Deposit of samples 
28.· Registration of new plant variety and grant of breeder's right 
29. Register 
PART IV 
RIGHTS, LIMITATIONS AND DUTIES OF A HOLDER 
30. Scope of breeder's right 
31.' Limitations of breeder's right 
32. Duration of breeder's right 
33. Extension of duration of breed<?r's right 
34 . Availability of propagating material 
35. Duties of a holder 
PART V 
CO:MPULSORY UCENCE 
36. Compulsory licence 
3-1_ ,Scope_.and._c.9;ndi:t:i.QI;t_~ of f.O:rIl:P.u1§ory licence 
38. Termination of co.rp.pulsory licence IP 1Nl 1 IMYSIP 12 
Page 6 
PART VI 
Thy ALIDATION, REVOCATION, SlJRRENDER 
Al'ID ASSIGNivffiNT OR TRl\NSMlSSION 
Section 
39. Invalida~on of breeder's right 
40. Date and effect of :invalidation 
41. Revoca:tion of breeder's right 
42. Surrender of breeder's right 
43. Assignment or transmission of breeder's right 
PART VII 
APPEALS 
44. Appeals 
45. Appeal Board 
46. Decision of the Minister 
PART VIII 
INFRINGEMENT 
47. Acts deemed to be infringement 
48. Infringement proceedings 
49. Injunction and award of damages 
PART IX 
OFFENCES 
50. Offence with respect to furnishing any false or misleading particular, . 
etc. 
51. Offence with respect to contravention of terms and conditions and use 
of samples without permission 
52. Offence by body corporate 
PART X 
ENFORCE:NlENT. 
53. AuthOljzation of officers 
54. Power of enforcement 
55. Power of investigation 
56. Additional powers 
PART XI 
:tvrrSCELLANEOUS 
57. Institution of prosecution 
58. Jurisdiction to try offences 
59. Protection of officers 
60. Regulations LAWS OF MALAYSIA . 
Act 634 JP INIIIMYSIP /2 
Page 7 
PROTECTION OF NEW PLANT VARIETIES ACT 2004 
All Act to provide for the protection of the rights of breeders of 
new plant varieties, and the recognition and protection of contribution 
made by farmers, local communities and indigenous people towards 
the creation of new plant varieties; to encourage investment in and 
development of the breeding of new plant varieties in both public 
and private sectors; .and to provide for related ~atters. 
[ ] 
ENACTED by the . Parliament of Malaysia as fo11ows: 
PART I 
PRELIMINARY 
Short title and commencement 
1. (1) This Act may be cited as the-Protection of New Plant' 
Varieties Act 2004. 
(2) This Act comes into operation on a date to be appointed by 
the ~linister by notifi9ation in the Gazette. 
Interpretation 
2. In this Act, unless the context otherwise requires-
."propagating inateriaf' means any material or plant, or any part. 
of the plant, used for multiplication or reproduction; . IF INI1IMYSIP 12 
Page 8 
"breed" means to carry out activities conducive to'the development 
of any plant variety; , 
. "prescribed" means prescribed by regulations made under this 
Act; 
"breeder's right" means the right given on the registration of a 
new plant variety under this Act; 
"Mi1:1istry" means the Ministry for the time being responsible 
, for agriculture; 
"Fund" means the Plant V arieties Fund established under section 
10; 
"Board" means the Plant Varieties Board established under 
section 3; 
"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; 
"local community" means a group of individuals who have settled 
together and continuously inherit production processes and culture 
ora group of individuals settled together in a village or area and 
under an eco-cultural system; 
"discover and develop" means activities wlp:Gh.1ead to the desir,ed 
phenotypic expression and affect the crop genotype ari.~ vyhich 
may' or may not entail deliberate or artificial creation of genetic 
variability; . 
"Minister" means the Minister charged with the responsibility 
for plant varieties; 
"denomination" means the name or identification for a plant 
variety expressed in .letters or a combination of letters and figures 
written in any language; 
"person'; includes a body of persons, corporate or unincorporate; 
-·"auThonzed oIfic-er"" means an officer authorized under subsection 
53(1); IPINIlJMYSIP /2 
Page 9 
"breeder" means -a person who has bre.d or has discovered and 
de~eloped any plant variety; -
"holder" means the holder of a breeder's right; 
"licensee" means any person, agency or company to whom a 
compulsory licence is granted by the Board under section 3<5; 
"Examiner" means any pers-on, government department or 
organization appointed by the Board for the purpose of conducting 
a substantive examination under sectionZl; 
"farmer" means any person who--::-
(!2) cultivates crops by cultivating.Jhe land himself; 
(b) cultivates crops by dire~tly supervising the cultivation of 
land through any other person; or 
( c) conserv~s and preserves, severally or jointly, with any 
person any traditional ,Ya.r?-e~y of crops or adds value to 
the traditional variety through the selection and 
identification of their useful properties; 
"small farmer" means a farmer who-se farming operations' do no 
exceed the size o{ holding as prescribed by the Minister; 
"~digenouspeople" means person~ w40 fall within the definition, 
of the "aborigine" 'or "native" as defined res·pectively in_.Clause (2) 
of Article 160 and Clause (6) of Article 161A of the Federal' 
Constitution; 
"centre" means any place approved by the Board for the depo~it ' 
of any sample of seeds or propagating material under section 27; . 
"samples" include seeds and any other propagating material 
wh~ch are capable of regeneration; 
"plant" means any living orgaillsm in the plant kingdom but: 
excludes any micro-org~sm; IP IN 11Jlv1YSIP 12 
Page 10 
"variety" means a piant' grouping within a-single botanical 
taxonomy of the lowest knd~n rank-
( a) which can be defined by the expression of the characteristics 
resulting from -a given genotype or a combination of 
genotypes; 
(b) which can be distinguished from any other plant grouping 
by the expression of at least one of such characteristics; 
and 
_ ( c) which can be considered as a unit with regard to its 
suitability for being propagated, unchanged~ 
and includes propagating material and harvested material of the 
plant variety; . 
"essentially derived plant variety" means a plant variety which-
(a) is predominantly derived from the initial plant v3J.-iety, 
or from a plant variety that is itself predominantly derived 
fromthe initial plant vlli-iety, while retaining the expression 
of the ess-ential characteristics that result from the genotype 
or combination of genotypes of the initi,al plant variety; 
(b) is clearly <:listinguishable from ~e initial plant variety; 
and 
( c) except for the differences which result from the act of 
derivation, conforms to the initial 'plant variety in the 
express~on of the ~ssentia1 characteristics that result from 
the genotype or combination of genotypes of the initial 
plant variety; 
"registered plant variety" means a plant variety which has been 
registered as a new plant variety and for which a breeder's right 
has been granted under this Act; 
_ "legal personal representative", in relation to a deceased person, 
means a person to whom probate of the will of the deceased person 
or le~ers of administration of the estate of the deceased -person 
hav~ been granted' whether" in Malaysia or outside Malaysia", PARTII 
PLANT·VARIETIES BOARD 
Establishment of the Board IP /NI 1 JMY SIP 12 
Page 11 
3. A board by the name of "Plant Varieties Board" is established. 
Functions and powers of the Board 
4. (1) The functions of the Board shall be-
(a) to perfonn the duties and functions. and exercise the powers 
as may be provided for in this Act; 
(b) to set appropriate systems for the examination of new 
plant varieties; 
(c) to corisider and approve or reject applications for 
registration of new plant varieties and grant of breeder's 
Ijghts; . 
(d). to impose fees or ad..-rninistrative charges to be paid under 
this Act; . 
( e) to set terms and conditions pertaining to the samples of . 
registered plant varieties deposited at centres approved 
by the Board under section 27; 
(f) to impose any terms and conditions for the research and 
experimental use or export of any registered plant vru;iety . 
developed from local genetic resources "or by indigenous 
people; , 
(g) to keep and maintain a record of other" plant varieties 
which are not registered in the Register of New Plant 
Varieties; 
(h) to· administer and control the Plant Varieties Fund; 
(i) to appoint any person, government department or" 
organization to be an Examiner for the purposes of 
" conducting a substantive examination under section 21; 
(j) to revoke, surrender, 'assign or transmit any "breeder's 
right granted under this Act; IP /N/IIMYS/P /2 
Page 12 
(k) to advise the Minister on all matters pertaining to this 
Act; and '. 
(l) to do such other things as it considers fit to enable it to 
perform its functions effectively or that are incidental to 
the performance of its functions. 
(2) The Board shall have all such powers as may be necessary . 
for or in connection with the performance of its functions unde:r . 
subsection (1) or which are reasonably incidental to such performance. 
Membership of the Board 
5. (1). The Board shall consist of the following members: 
-
(a) the Director General of the Department of Agriculture, 
Peninsular Malaysia who shall be the Chairman; 
~ . 
(b) the Director General of the.Malaysian AgricultpIal Research 
. and Development Institute; 
(c) the Director General of the Malaysian Rubber Board; 
(d) the Director General of the Malaysian J?~ qil Board: 
(e) the Director-General of the Malaysian Cocoa-Board; 
. " . -,.' . 
(j) the Director-Generai of the Forest Research Institute of 
Malaysia; 
(g) the Director ·of Agriculture,. S~bah; 
(h) the Director of Agriculture, Sarawak; 
( i) a representative from the Mi~stry of Agriculture and 
~gro-1?ased Industry; 
(j) a representative from the Ministry of Plantation Industries 
and Commodities; 
(k) a represent.~tive from the Mi~stry of Domestic Trade. 
and Consumer ~-lTairs; and 
(l) a representative from the Ministry of Science, Technology 
arid Innovations. 
f2J :.J;.he·Minister shall appoint a senior officer of the Department 
of Agriculture, Peninsular Malaysia, to be the Secretary to the 
Board. Alternate member IP /N/l/NIYSIP /2 
Page 13 
6. (1) The Minister may appoint a person to be an alternate member 
in respect of each person who is a member of the Board under 
paragraphs 5(1)( a) to (h) to attend meetings of th~ Board in place 
of the member when that member is for any reason unable to 
attend. ' 
(2) When attending meetings of the Board in place of a member, ' 
an alternate member shall for all purposes be deemed to be a 
member of the Board. 
Meetings of the Board 
7. (1) The Chairman shall preside over every meeting of the • 
Board. ' 
(~) ,Notwithstanding subsection (1), if far any reason the Chairman 
, is unable -to attend a meeting of "the Board, the members present 
shall elect from among themselves a member to preside over the 
meeting, and the' member elected shall exercise the powers o~ the ! 
~hairman for the duration of that meeting and shall be deemed to 
be the Chairman for the purposes of that mee~ng. 
(3) The quorum of the Board shall be six. 
(4) If on any question to be determined by the Board there is 
an equality of votes, the Chairman shall have the casting vote. 
(5) The Board shall meet at such place and time as may be 
determined by the Chairman. 
Board may invite others to meetings 
8. The Board may invite any other person to attend any meeting 
of the B9ard for the purpose of advising the Board on any matter 
under discussion, but that person shall have no right to vote at the 
, . 
meeting. IP /NI IJMYSIP 12 
Page 14 . 
Provision of facilities by ~try 
9. The Ministry shaJlprovide the Board with the staff, funds and 
other facilities as are necessary to enable it to carry out its functions. 
Plant Varieties Fund' 
10. (1) A fund to be known as the "Plant Varieties Fund" which 
shall be administered and controlled by the Board is established. 
(2) The Fund shall consist of-
(a) such sums as may be provided from time to time by the 
Government or any State Government for the purposes 
of this Act; and 
(b) moneys, fees and other charges received by the Board 
under this'Act. 
Expenditure. to be charged on the Fund 
11. The Fund shall be expended for the purpose of paying any 
. expenditure incurred by the Board for carrying into effect the 
provisions of this A~t~ 
PART ill 
PROCEDURE AND CONDITIONS FOR APPLICATION OF 
REGISTRATION OF NEW PLANT VARIETY AND GRANT OF 
BREEDER'S RIGHT 
Application for registration of new plant variety and grant of 
breeder's right . 
12. (1) An application for .the registration of a new plant v~ety 
and a grant of a breeder's right shall be made to the Board in the 
prescribed manner and shall-
( a) specify the name, address, nationality and oth~r particulars 
of the applicant; 
rb J-specifYl:he-method by which the plant variety is developed; IP INI1/MYSIP 12 
Page 15 
( c) be supported by documents and information relating to 
the characteristics of the plant variety which distinguish 
'the plant variety from other plant varieties; . 
( d) specify a plant variety denomination in accordance with 
section 16; -
( e) cont~in information relating to the source of the genetic 
material or the immediate parental lines of the plant 
variety; 
(f) be accompanied with the prior written consent of the 
authorlty representing the" local community or· the 
indigenous people in cases where the plant variety is 
developed from traditiona). varieties; , 
(g) be supported by documents relating to the compliance of 
any law regulating access to genetic or biological resources; 
and 
(h) be supported by documents relating to the compliance of i 
any law regulating activities involving genetically modified 
organisms. in cases where the developm~nt of the plant 
variety involves" genetic modification. 
(2) An application under subsection (1) shall 'be accompanied 
by the prescribed filing fee. -
Persons who may apply for registration of new plant variety 
and ,grant of breeder's right ' 
1~. (1) An application for the registration of a new plant variety 
and grant of a breeder's right under section 12 shall only be made 
by-, 
( a) a breeder; 
(b) the employer of the breeder; 
( c) the· successor in title of the breeder; 
(d) a fanner or group of farmers ,local community or indigenous 
people who have carried out the functions -of a breeder; 
( e) any government ,or statutory b9dy whi ch has carried out 
the functions 'of a breeder. IPfN/1IMYSIP 12 
Page 16 
(2) 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 shall appoint an agent who is a resident or 
who has a registered office. in Malaysia upon whop:1 notice or 
process relating to the application for registration and grant of a 
breeder's right and other matters relating to such registration or . 
breeder's right may be served, and if the applicaJit fails to appoint 
l;)uch an ~ge~t, the Board may refuse to proceed with the application 
until the agent has been appointed. . . 
'. (3) If the applicant is a local community or an indigenous people, 
the authority representing the local community or indigenous people 
shall be the agent for such applicant and notice or process relating 
to the application and other matters relating to the registration of . . 
a new plant variety or breeder's right may be served On it. 
Conditions for registration of new plant variety and grant of 
bree~er' s right 
14. (1) Subject to .sections 15 and 16, a plant va..riety sh~11 be 
registered as a new plant variety and granted a breeder's right if 
the plant variety is new, distinct, unifo~ and stable. 
(2) Notwithstanding subsection (1), where a plant variety is 
bred, or discovered and developed by a farmer, local COm.rD.unity 
or indigenous people, the pl~t variety may ~e registered as a new 
plant yariety and granted a breeder's right if the plant varietY is 
new, distinct a~d identifiable. 
(3) For the purposes of subsections (1) and (2)-
(a) a plant variety is new if on the fili:rig date of the application 
for registration and grant of a breeder's right, the 
propagating or harvested material of the plant variety has . 
not peen sold or otherwise disposed of on a cotnmercial 
basis by C?r with the consent .of the breeder-
(i) within Malaysia, earli~r than one year before the 
filing date of the application for registration of a 
new plant variety an-d grant of a breeder's right; 
arid-Cii) in. other· countries-IP IN/liMYSIP 12 
Page 17 
CA) earlier than six years before the filing date . 
of the application for registration of a new' 
plant variety and ~ant of a breeder's right 
in respect of !Tees and vines; and 
(B) earlier than four years before the filing date 
of the application for .registration of a new 
plant variety and grant of a breeder's right­
,in respect of other plant varieties;' . 
(b) a plant variety is distinct if on the filing date of the 
application for registration of a new plant variety and, 
grant of a breeder's right it is clearly distinguishable " 
from any other-plant variety, the existence of which is . 
a matter of commo.il- knowledge; 
(c) a plant variety is uniform if, subject to the variation that 
may be expected from the particular features of its 
propagation, it is sufficiently uniform in its relevant 
. characteristics; . 
(d) a plant variety. is stable if its relevant characteristics 
remain unchanged 'after repeated. propagation or, in the 
case of a particular cycle of propagation, at the end of 
each particular cycle; 
(e) .a plant variety is identifiable if-
(i) it can be distinguished from any other plant grouping 
by the expression of one characteristic and that 
characteristic is identifiable wi~ individual plants 
or within and across a group of plants; and 
(ii) such 'characteristics can be identified by any person 
skilled in the releVant art. . 
Prohibition of registrat~on and grant of breeder's r~ght 
15. The' Board shall not approve the registration of a new plant 
variety and grant of a breeder's right to any person in respect of 
any plant variety - . 
(a) which may affect public order or morality; or IF INI1/MYSIP 12 
Page 18 
(b) w~ere there is reasonable ground to believe that the .. 
cultivation, reproduction ~r any other use of that plant 
variety may produce a negative impact on the environment. 
Denomination of a new plant variety 
16. (1). The denomination of a plant variety the registration of 
which by the Board is' applied for-
(a) shall be the generic designation of the plant variety; 
(b) must enable the plant variety to be identified; 
(c) shall not exclusively consist of numerals; and 
. r 
(d) shall be different from other plant variety denominations 
which identify an existing plant variety of the same plant 
, species or a closely related species. 
(2) The Board may reject any denomination of a plant' variety 
which-
(a) ,does not s?-t~sfy the requrr:eme:q.ts of s~bsection (1); 
, (b) is contrary to public order or morality; 
( c) is not suitable for the identification., of the plant variety; 
or 
(d) may cause confusion concerning the characteristIcS or 
the identity of the breeder of the plant v'arietY. 
(3) Where a denomiriation of a plant variety is rejected by the 
Board u~der subsection (2), the Board may require the applicant 
'to furnish a new denomination within a specified time. ' 
(4) If a new ~enomination as required under subsection (3) is 
not furnished by the applicant within the time specified by the 
Board, the application shall be deemed to be withdrawn and shall 
...1l.0J ,be fnrth~:r_p'XQf.~~g~d' with, but without prejudice to '3. 'fresh 
application being made by the applicant. IP 1Nl 1 INIY SIP 12 
,Page 19 
(5) The denomination of a registered plant variety shall be used 
when the plant variety is offered for sale on a commercial basis' 
and if a trade mark, trade name or other similar indication is used 
together with the denomination, the denomination of that registered 
plant variety must remain easily recognizable. 
(6) Notwithstanding the expiration of the duration of the breeder's 
right in respect of a plant variety, any person who offers for sale' 
on a commercial basis. any propagating material of a registered' 
plant variety shall continue to use the denomination of that registered .­
plant variety. . 
Filing date 
17. The filing date of an application for the registration of a new 
plant variety and grant of. a breeder's right shall be the date of , 
receipt of the application by the. Board.on condition that the application • 
has complied with the requirements of section 12. 
Right of priority 
18. Subject to section 17, where two or more applications for the ; 
registration, of a new plant variety and grant of a breeder's right :­
are received by the Board in respect of the same plant variety, 
priority shall be-given to the application that is accorded an earlier l 
filing date by the Board. --
Preli;minary examination 
19. (1) Where an application for the registration of a new plant 
variety and grant of a breed~r's right has a filing date and the 
application is not withdrawn, the Board shall examine the application 
and determine whether it complies with the requirements of sections 
15 arid 16. 
(2) If the Board, as a result of the examination under 
subsection (I}, fmds that the requir~ments of sections 15 arid 16 
are not complied with, the Board -shall give an opportunity to the 
applicant to make. any observation o~ such rmding ~nd to amend 
the application within 'the specified. period so as to comply with 
those requirements, and if the applicant fails to do so, the Board 
may refuse the application. IP /NJIIMYSIP 12 
Page 20 
(3) If the Board, ~s a result of the examinat'ion . under 
subsection (1), finds that th~ requirem~nts of sections 15· and 16 
have been complied with, the Board shall notify the applicant in 
writing as soon as-practicable. 
Request for substantive examination 
.20. (1) If an application for the registration of a n~w plant variety 
and grant of a breeder's TIght has been examined under section 19 
and the applicant" has .been notified under subsection 19(3), the· 
applicant shall rIle within the specified period a request for a 
substantive examination of the application. 
(2) A request for a substantive examination under subsection (1)­
( et) shall be made in the, pre~cribed form; 
(b) shall be accompanied with the prescribed. fee; and 
(c) if. requested by the Board:> shall provide the specified 
quantities of propagating materials required fo~ t,he purpos~s 
of the substantive examination. 
Substantive examination 
21. (1) Where a request for substantive examination has been 
made under. section 20" the Board shall refer the application to an 
Examiner who-· -
(a) shall determine whether the application complies with 
the requirements of section 14; and 
(b) shall report his determination to the Board. 
(2) If the Examiner reports in accordance with subsectiQfr (1) 
that the requirements of section 14 are not complied with, the 
Board shall give the applicant an opportunity to make observations 
-on. the report and to amend the 'application so as to comply with 
-the requiTement 'wltllln' the specified period. -IF /N/lI11YSIP 12 
Page 21 
(3) If the applicant fails to satisfy the Board within the specified 
period that the requirements of section 14 are complied or to 
amend the' application so as to comply with ~e requirements, the 
Board shall reject the application for the registration of a plant 
variety, and grant of a breede:( s right. 
(4) If the Examirier reports in accordance with subsection (1) 
that the application as originally flled, or as amended complies 
,with the requirements of section 14,the'Examiner shall inform the 
Board in writing of the findings of his examinatio.n. 
Application for registration of new plant variety and grant of 
breeder's right to be published . 
22. If the Board is satisfied that an application for ,the registration 
of a ,new plant variety and grant of a breeder's right has complied 
with the requirements of this Act, the Board shall cause the application 
, to· be published in the Gazette. ' 
Opposition to application for registration of a new plant vari~ty 
and grant of breeder's rig~t . 
23. (1) Any interested person may, within'three months from the 
date of publication of an app1ication for the registration of a new 
plant yariety' and grant of a breeder's right, give notice to the' 
Board and the applicant 'Of his intention to oppose the application, 
on any or any combination 'of the following grounds: ' 
( a) that the person opposing the application is entitled to the 
breeder's 'right as against the aP1?licant; 
(b) that the application for the registration of the new plant 
variety and grant of a breeder',s right does not comply 
with the requirements of this ~t\ct; 
(c) that the application for the registration of ·the new plant 
variety and grant of a breeder's right is contrary to public 
, order 'or morality;. 
(d) that the application for the registration of the new plant 
variety and grant of a breeder's right may produce a 
negative impact on the environment. IPINJ1 JMYSIP 12 
Page 22 
(2) Th~ notice shall be in 'writing in the manner to be specified 
by the Board in writing and shall include a statement of the grounds 
of opposition. 
Reply by applicant 
24. (1) The applicant shall within thirty days after the receipt of 
the notice of opposition send a reply to the Board and the opponent, 
in the manner to be specified by the Board in writing, stating the 
grounds for his application for registration and grant of a breeder's 
ri~. . 
(2) If the applicant fails to reply ~o the opposition within the 
period specified in subsection (1) or, if the period has been extended 
by the Board, within the additional period, the applicant shall be 
deemed to have abandoned his application for the registration of 
the new plant Variety and grant of a breeder's, right. 
Filing of documentary evidence in support 
25. (1) Wb.ere the applicant submits a reply under -subsection 
24( 1), the opponent ::md the-applicant shall flie documentary eviq.,eg~~ 
, in support of the opposition or the application for th~ regi~t~ation 
of the new plant :variety and grant of a breeder"s right, as the case 
ID,ay be, with the Board,' 
(2) Any documentary evidence to -be filed py the opponent or 
the applicant under subsectioli' (1) shall be "filed-within the time 
and in the ~an;~er to be specified by the Bo~d in .writing . 
. (3) Where the applicant files the documentary evidence in support 
of his application, the opponent may be given an opportunity, 
within the. time to be specified by the Board in writing, to subIIJjt 
to the Board and applicant evidence in reply to be a,dduced in the 
manner to be specified by the Board in writing. 
( 4) After consid~ring the. documentary evidence filed by the 
opponent anq applicant, and ~-Fter giving both paTties an opportunity 
to make submissions, the Board shall decide whether-
(a) to reject the application fOT_ the registration of the new 
plant variety and grant ot breeder's right; or 
-(b) -to--approve ·the application. IP INI1IMYSIP 12 
Page 23 
(5) The Board shall, within two months after making a: decision· 
under subsection (4), give its grounds of decision in writing. 
Failure to file documentary evidence 
26. (1) If the applicant fails to file the documentary evidence as 
required under subsection 25(1), the Board may treat the application 
for the registration of the new plant variety and grant of a breeder's 
right as abandoned. 
(2) Where the opponent fails to file the documentary evidence 
as required under subs-ection 25(1), the Board may treat the opposition 
as abandoned and shall approve the application for the registration 
of the new plant variety and grant of a breeder's right. 
·Deposit of samples 
27. If an application for the registration of the new plant variety 
and grant of a breeder's right has been approved by the Board and 
the applicant has been notified in wpting, the applicant shall, . 
within the time specified by the Board, deposit samples of the seed 
or any other propagating material of the phint variety in the quantity 
to be specified by the Board at a centre appro-yed by the Board. 
Registrati,on of new plant variety and ~rant of breeder's right 
28. (1) If the B.oard is satisfied that the applicant has complied 
with requirements of section 27, the Board shall register the new 
plant variety ~nd grant the breeder' sright t6 the applicant and 
shall- . 
(a) /issue a certific;ate of registration of the new plant variety 
and grant of a breeder's right to the applicant in the 
prescribed form; . 
(b) record the denomination of the· new plant variety and the 
-registration of the new plant variety and grant of a breeder's 
. right in the Register of New Plant Varietie~; and 
(c) publish in the Gazette a reference to the registration of 
the, new plant variety a~d grant of a breeder's right. IP INIIIMYSIP 12 
Page 24 
(2) The contents of the certlficate of a breeder's right shall-be 
prima facie evidence of the facts stated t4erein and the duration 
of the protection granted. -
Register 
29. (1) The Board shall. keep and maintain a register called the 
Register of New -Plant .Varieties. 
(2) The Register shall be kept in such form and shall contain 
such particulars as may be specified by the Board. 
(3) The Register shall be available to the public for inspection 
subject to such conditions as the Board deems fit. 
(4) A copy or extract of any entry in the Register duly certified 
by the Secretary to the Board shall be given to any person requiring 
the copy 'or extract upon payment of the prescribed fee. 
PART IV 
RIGHTS, LIMITATIONS AND DUTIES OF A HOLDER 
Scope of breeder's right 
30. (1) Subject to section 31, a holder of a breeder's right shall, 
. in respect of the registered plant variety fo.r which the right is 
granted, have the right to carry out all or any of the foll-owing acts 
on a commercial basis: 
( a) producing or reproducing; 
( b) conditioning for the purpose of propagation; 
Cc) offering for sale; 
(d) marketing, inclusive of selling; 
(e) exporting; 
(f) importing; 
(g) stocking the material for the purposes mentioned in 
-paragraphs ( a) to (f). (2) The breeder's right shall· also extend to-IPINIlIMYSIP12 
Page 25 
(a) any propagating material of the registered plant variety, 
harvested material of the r~gistered plant variety and the 
entire or any part of a plant variety where the propagating 
material of that plant variety is obtaine~ through 
unauthorized means from the registered plant variety; . 
(b) plant varieties which are essentially derived from the 
registered plant variety, if the registered plant variety is ! 
not essenti~lly deri-yed from another 'plant variety; 
( c) plant varieties which are not clearly distinguishable fro~ 
the registered plant variety; or 
(d) the production of other plant varie~es which require the 
repeated use of the registered plant variety. 
(3) For the purposes of par~graph 30(2)( a), "unauthorized" in 
relation to the propagating material means it is obtained without· 
the consent or perm; ssion of the holder. 
Limitations of breeder's right 
31 .. (1) The breeqer's right shall not extend to-
(a) any act done pnvately on a non-commercial basis; 
.1 -'. ; 
(b) any act done for an experimental pprpose; 
(c) any act done for the purpose of breeding other plant 
varieties and any act referred to in paragraphs 30(1)( a) 
to (g) in respect of such other plant varieties, except 
where such other plan"/;· varieties have been essentially 
derived from the registered plant variety; 
( d) any act of propagation by small farmers· using the harvested 
material of the registered plant variety planted_ on their 
own_ holdings; -
(e) any exchange of reasonable amounts of propagating 
materials among small farmers; and IP 1Nl 1 IMYSIP 12 
Page 26 
(f) the sale of farm-saved seeds in situations where a small 
farmer cannot make use of the farm-saved seeds on his 
own holding due to natural disaster or emergency or any 
other factor beyond the control of the small farmer, it"the 
amount sold is not more than what is required in his own 
holding. 
- , 
(2) The breeder's right granted under section 30 s?-ali not apply 
to any inaterial ,of the registered plant variety or any material 
derived from that material which has been sold within Malaysia 
on a commercial basis." by the breeder or by any other person 
with his consent, unless such material is used for purposes 
~volving-' 
(a) the further prop~gation of the registered plant variety; or 
(b) the export of the material to a country which does not 
protect varieties of the plant genus or species to which 
the variety belongs and where the exported material is 
not for flnal consumption. 
Duration of breeder's right 
32. (1) The breeder's right to a registered plant variety sh~ take 
effect from the filing date of an appli,?ation for the registration of ' 
the plant variety and grant of breeder's right "and shall "subsist for : 
a period of - ' 
( a) iwepty years for a registered plant _ variety that is new, 
. distinct, uniform and stable; or' . 
(b) fifteen years for a registered plant variety that is new, 
distinct and identifiable. 
(2) Notwithstanding the provisions of subsection (1), where an 
application for the registration p£ a new plant variety and gr?-nt of 
breeder's right is made in respect of trees or vines, and the app'lication 
has complied with the provisions of this Act, the. Board may 
_r.egiSj;~I-.tb.§ __ pla..-rlt vaJie.ty .. i?-Ud. grant breeder's right 10i"':1' duration 
of twenty-five years. Extension of duration of breeder's right IP INIIJJ\1YS/P 12 
Page 27 
33. (1) Notwithstanding the provisions of section 32, the B'oard 
may extend the duration of a breeder's right granted if the BO£l!d 
is satisfied that such extension is desirable on the ground of national . 
ne~ds and interests. 
(2) An application for the extension of the duration of a breeq.er' s 
right under subsection (1) shall be made in writing to the Board 
by the holder before the expiry of the duration of that _breeder's 
right. 
Availability of propagating material 
34. The holder shall ensure that the propagating material, which 
is of reasop.a~le quality, of the regIstered'plant variety is available: 
in reasonable quantities within tlITee years from the date of applicatIon 
for reiis~a~ion of the' new plant variety and grant of a breeder's 
right and at such reasonable 'price as may be determined. by the 
Board. 
Duties of a holder. 
3~. (1) The holder shall throughout the duration of the breeder's 
right-7 
( a) ma.illtain at his expense samples which have been deposited . 
at a centre approved by the 'Board under. section 27; 
(b) furnish the Board with the propagating material of the 
registered plant variety 'which is capable of reproduction 
, whenever requested by the Board; 
( c) provide the Board with facilities and information regarding 
the registered plant variety, without any charge, whenever 
requested by the Board~ 
. (2). F:or the purposes 'of paragraph 35(1)( c), "facilities" includes 
the f~cilities for carrying. out an inspecti?n. IP /N/IIMYSIP 12 
Page 28 
PART V 
CO:M:.P1JLSORY LICENCE 
Compulsory licence 
36. (1) If at any time' after the expiration of three years from the 
grant of a breeder's right the Board is satisfied that-. 
(a) any of the requirements of s~ction 34 is not co~plied 
with and the needs of the farming community for the 
propagating material of the registered plant' variety have 
not 'been met; or 
(b) an excessive proportion of the registered plant variety 
offered for sale is being imported, ' 
. -
the Board lllay grant a compulsory 4cence to a;ny person, agency 
or' comp'any to' undertake any of the acts mentioned jn subsection 
30(1) with regards to any material of the registered plant variety, 
whether wjth or without the authorization of the' holder, 
notwithstanding that the holder may have granted his .authorizatIon 
to any other person. 
(2) Before granting a compulsory licence the Board shall give 
the holder a notice in writing of its intention to do so and giving 
him the right to make representations witbjn a specified period. 
(3) The Board shall, upon considering t4~ represeritatibn~ of the 
holder:, or if no representation is received within the specified 
period, make a decision in respect of its intentipn and shall inform . 
the holder of its decision within a reasonable period of time. 
(4) Where the Board grants a compuls<;Jry licence under' 
subsection (1), the Board shall determine a reasonable' sum to be 
paid by the licensee·to the holder as royalty. 
S£>r>."""e nnd ".n. ...... ~.;ti·o· ~s o~ co .............. ulso-y l.;"e ...... ce ~VJ:l a.~ ~U.Ll, .. u ~.l.1 :L .l.U..I:' .L.l.1~ .l.1 
37 r Upon the granting of a compulsory licence to any person, 
agency or company, the Board shall determine-
( a) the scope of the compuls ory licence and the right to' carry 
. out any 6-£ -fhe-a"cts £eferred to in section 30 except that 
. such right shall not extend to the act of importation; (b) tJ;1e duration of the compulsory licence; and IPINIIIMYS/P/2 
Page 29 
.( c) the terms and conditions of the compulsory licence. 
Termination of compuisory licence 
3"8. (1) The Board shall have the poyver. to terminate or revoke 
any compulsory licence granted-under section 36 if the Board.is 
satisfied that the licensee has breached any of the terms and conditions -
of the compulsory licep.ce. 
(2) Before terminating a compulsory licep.ce, the Board shall 
give tb,e licensee a notice in writing requiring him to show cause 
within fourteen days from the date of receipt of the notice as to _ 
why the licence shollld not be terminated. 
(3) . After the expiry of the period of fourteen days an4 ·after ' 
considering any repr.esentations made by the licensee, the Board 
shall decide whether to terminate the licence ot to take no further 
action. 
( 4) The Board shall give the licensee a written notice of its 
decision under subsection (3) as soon as practicaqle. 
PART VI 
INVALIDATION, REVOCATION, SURRENDER AND 
ASSIGNMENT OR T~J\'NSMISSION 
Invalidation of breeder's right 
39. (1) -Any interested person may institute .court proceedings 
against the' holder to invalidate the registration of "a new plant 
variety and grant of a breeder's nght. . " 
(2) The court shall invalidate a breeder's right if the person 
requesting the ip.validation proves that-
(a) the holder has furnished to the Board f3J.se or misleading 
information or statement in respect of the application for 
registration of the new plant variety and; grant of a breeder's 
rio-ht· -l:l , IP INfllMYSIP 12 
Page 30 
(b) the holder has not complied with the requirements of this 
Act; m ' 
( c) the breeder's right does not belong to the person to whom 
. the breeder's right was granted. 
(3) Notwithstanding subsection (2), the court shall not inv·alidate 
the registration of a new· plant variety and grant of a breeder's 
right on the ground mentioned in paragraph 39(2)( c) if the breeder's 
right has been assigned to the person to whom the breeder's right 
belongs. 
(4) If the provisions of subsection (1) apply to only some of the 
claims or some parts of a claim, such claims or parts of a claim 
may be declared invalid by the court and the invalidity of part of 
. a claim shall be de~lared in the form of a corresponding limitation 
<?f the claim in question. 
Date and effect of invalidation 
40. (1) When th~ decision of the court becomes final, the Registrar 
of the court shall notify the Board and the Board shall record the 
invalidation on the certificate of registrat~on of ihe new· plant 
variety and grant of a breeder's right and in the Register of.New 
Plant Varieties and publish the fact of such invalidation in the 
Gazette. 
, 
(2) Any. invalidated certificate of registration and grant of a 
breeder's right or claim or part of a claim shall pe regarded as null 
and void from ·the date· of the grant of the bre~der' s right. 
Revocation of breeder's right. 
41. (1) The Board may revoke a breeder's right granted· to a 
holder if-
(a) the hold~r fails to provide the Board within the period 
specified by _ the Board in writing with the information, 
facilities or propagating materials deemed necessary by 
the ·Board for th~ maintenance of the samples· q.eposited . 
at.R...centre .approved by the Board when requested by the 
Board; IP /N/1l1vfYSfP 12 
Page 31 
(b) the :p.older fails to pay any fees payable to the Board to 
keep his bree,der's right in force; 
( c) the n!giste;red plant variety fails to demonstrate- continuously 
the conditions for which the registration was made and 
breeder's right was granted; 
(d) the holder contravenes any of the terms and conditions 
imP9sed on him as a holder; or - -
( e) the holder uses or causes to be used any sample of a 
registered plant variety deposited at a center under 
section 27 "without the prior written permission of the 
Board. 
(2) Before revoking a breeder's right, the Board shall give the 
holder a I!otice in writing requiring the holder to show cause 
within fourteen days as to why his breeder's right should not be 
revoked. 
(3) After the expiry of the period of fourteen days and after 
consideTi..ng ~_ny Fepresentations made by the hold~r, the BDard 
shall decide whether" to revoke the protection or to take no further 
action. 
(4) The Board shall give the holder a written notice of its 
decision under subsection" (3). 
(5) The revocation of a breeder's ,right shall ~ake effect-
( a) if there is no appeal against the revocation, on the expiration -
of fourteen days from the date on which the notice of 
revocation is served on the holder; or 
(b) if there is an appeal against such revocation, when the 
revocation is confirmed by the Minister under section 46. 
(6) If a breeder's right is revoked under subs-ection (1) ~ the 
Board shall- " 
(a) direct-the holder to return the certificate of registration_ 
of the new plant variety arid grant of a breeder's right to 
the Boar-d; and 
(b) have the power to authorize any person to. undertake the 
production of the plant variety for reasons of public :interest. IP INIIJMYSfP 12 
Page 32 
(7) The Board sliall record the revocation on the certificate of 
registration' of the I?-ew plant variety and grant of a breeder's right 
and in the'Register of New Plant Varieties and publish the fact of 
such revocation in the Gazette. ' 
Surrender of breeder's right 
42. (1) A holder may surrender his breeder's right by SUbmitting' 
a written reque~t to the Bo~d together with the certificate of 
registration of the new plant variety and grant of a breeder's right. 
(2) The surrender shall take effect on the date the Board receives 
the_ certificate of registration and grant of a 'breeder's' right pursuant 
to the wri~en request under subsection (1). 
(3) The Board may impose any terms and conditions as it deems 
fit in respect of the surrender. 
(4.)-'The Board shall record the surrender in the Register of New 
Pl~t Varieties and publish the fact of such surrender in the Gdz{!tte'.' 
Assignment or .transmission of breeder "s, 'right 
43. (1) A breeder's right or an application for the registration' of 
a plant variety and grant of a breeder's 'right may be assigned or 
transmitted with the :approval of the Boar~ tp-
(a) the legal' peTs'onal representative of the holder or the 
applicant -for such registration and grant; or 
(b) any person,~ntitled by operation of law to such assignment 
or transmission. ' 
(2) The application for the assignment or transmission of ~ 
breeder's right shall,be-
(a) made in the manner to be speqified by the Board in 
writing; and 
(b) accomparue-d with the prescribed fee. IP /N/IIMYSIP /2 
Page 33 
(3) The. Board may approve the assignment or transmis-sion of 
the breeder's right if -. . . . 
(a) it is in writing signed by or on behalf of the contracting 
parties; or . 
(b) the holder or the applicant for the registration of a new 
plant variety and grant of a breeder's right dies or becomes 
incapacitated. 
(4) Before granting its approval for the assignment or transmission 
of a breeder's right, the Board shall publish in the Gazette the 
details of the application and provide a reasonable period of time 
for any objection to the application for the assignment or transmission. 
(5) T~e assignment or transmiss,ion of a breeder's rights shall 
be reco'rded in the Register of New Plant Varieties and the fact of 
such assignment or transmission shall be published in the Gazette. 
PART VII 
APPEALS 
Appeals 
. 44. Any pers'on who is aggneved by the decisi~n of the Board 
with regard to-
(a) the rejection of an application for the registration of a 
,.~ew ·plant variety and grant of a breeder' s ~ght; 
(b) the grant of a compulsory licence under subsection 36(1}; 
(er the royalty to be paid l!nder subsection 36(4); 
(d) th~ termination of a compul~ory licence under sectioI?-. 
38; 
(e) the revocation of a breeder's right; 
(f) the terms and conditions in respect of the surrender of 
a br~eder' s right; or 
(g) the assignment .or transmi~sion of a br~eder's right, . '\ JP IN/IIMYSIP 12 
Page 34 
may, within thirty days after being informed in writing of the 
decision of the Board appeal in 'writing against such decision to 
the Minister. 
Appeal.Board 
45. (1) Upon receipt of an appeal under section 44, the Minister 
shall refer the matter to an Appeal Board. 
(2) The Appeal Board shall consist of the following mem!:>ers: 
(a) the Secreiary-General of the Ministry of Agriculture and 
Agro~based -Industry, who shall be the Chairman;' 
(b) the Secretary-General of the Ministry of Science, 
Technology and innovations; 
(c) the Secretary-General of the Ministry of Plantation 
Industries and Commodities; 
(~) the Permanent Secretary of the Ministry of Agriculture­
and Food Industry 'of Sarawak; aJ;ld . 
(e) the Permanent Secretary of the Ministry .of Agriculture, 
·Saban.. 
(3) At the me~tings of the Appeal Board, three in~mbers-shan 
constitute' a quorum. 
( 4) If for any reason the Chairman is unable to attend the meeting 
of the Appeal Board, the members present shall elect from among 
themselves a member to preside over the meeting and the member 
elected shall exercise the powers of the Chairman for the duration 
of that meeting and shall be -deemed to be the ChaLTffiall for the 
puipo?es of that meeting. 
(5) The Appeal Boar4' may regulate'its own procedure at the 
hearing of any such appeal and shall not be bound by any law or 
rule of practice relating to the admissibility of evidence. 
{6). The Appeal Board shall consider the appeal' and make 
recommendations to the Minister. Decision of the Minister JP INIIIMYSIP 12 
Page 35 
46. The decision of the Minister shall be final and the person 
making the appe·a1 shall· be wormed in writing of the decision. 
PART VID 
INFRINGEMENT 
Acts deemed to be infringement 
47. Subject t~ the provisions of this Act, an infringement ef a 
bree4er's right shall consist ef the performance ef any Qf the acts 
referred to' in sectien 30 in Malaysia by .a person other than the: 
holder. without the authorizatiqn ef the holder in relation to ~he 
registered plant variety for which a breeder's right has been gr~ted 
~~~~. -. 
Infringement proceedings 
-. 
48. (1) The ho.1de~ shall have the right to institute court proceedings· 
against any person who· has infringed or is infringing his rights. 
-. (2) The holder shall have the same right against any person who 
h9-s performed acts which make it likely that an infringement will . 
occur, which in this Part is referred to as an "jmminent infringement" .. 
(3) -The proceedings in subsections (1) _and (2) may not be 
instituted after five years from the date the act of infringement is . 
discovered or co~d have been reasonably discovered by the holder. 
Injunction arid ~ward of damages . 
49. (1) If the ~older proves that an infringement has been committed 
er is being ~ommitted; the court may award damage·s and ·may 
grant an injunction to prevent further infringement and award any 
other legal remedy. . 
(2) If the holder proves that an imminent infringement has· 
occurred, the coUrt may grant an injimction to prevent the infringement 
and award any other legal remedy. IP INIlIMYSIP 12 
'Page 36 
PART IX 
OFFENCES 
Offence with respect to furnishing any false or misleading 
particular, ' ete. 
50. Any person who furnishes or-causes to be furnished to the 
Board any false or misleading particular, information or statement 
in respect of an application for the registration of a new plant 
variety and grant of a breeder's right commits an offence and shall 
on conviction be liable to a fine not exceec4D.g twenty thousand 
ringgit or to imprisonment for a teTIn not exceeding two· years or 
to both.' . 
Offence with respect to c;ontravention of terms and conditions 
and ~se of samples. without permission 
51. Any person who-
(a) contravenes any of the terms and conditions imposed on 
bjm as a holq.er or as a licensee; or 
(b) uses or causes. to be used without the: prior' written 
. permission of the Board any -sa~ple of a register~d plant 
variety deposited at any centre 'under section 27, 
. ~ - -
conllnits an 'offence and shall on conviction be liable to a fine not 
exceeding five tho.usand -ringgit or to imprisoriment for a t~rm not 
exceedin~ six i:non~hs or to-both. 
Offence by body corporate 
52. Where 'a body corporate commits an offence under this Act 
or any regulations made under this Act, ~ny person who at the time 
of the commission of the offence was a director, manager, secretary 
or other similar officer of such body corporate or was purporting 
~o act in any such capacity, or was' in any .manner or to any extent 
responsible for the management of any of the' affairs of the body 
corporate,or was assisting in its manageJ?1ent-
·.Ca)_mg.y ll~~harg~d and tried jointly in the same proceedings, 
with the body corporate;· and Jl>/N/IIMYS/P/2 
Page 37 
(b) where the body corporate is found guilty of the offence, 
shall be deemed to be guilty of that offence unless, having 
regard to the nature of his functions in that capacitY and 
to all circumstances, he proves-
(i) that the offence was committed without his 
knowledge, consent 'or connivance; and 
(ii) that he took all reasonable precautions and had 
exercised all due diligence to prevent the 
commission of the offence. 
PART X 
ENFORCEMENT 
Authorization of officers 
53. (1) The Minister- may aut40rize in writing any officer in the 
Ministry to exercise the powers under this Part. 
(2) An o~ficer authorized under subsection (1) .sh~ be de~med _ . 
to be a public servant within the meanIng of the Penal Code ' 
[Act 574]. 
Power -of enforcement 
54. (1) Any authorized officer or a police officer not below the: 
rank of Inspector may exercise 'all the powers of enforcement 
under this Act. 
(2) Every autp.orized officer or police o~cer, when acting against 
any person under this Act, shall, declare his ~ffice and shall on 
demand produce to the person against whom he ,is acting such 
authority c~d as the Minister may direct to be carried by such 
authorized officer or as the Inspector General of Police may direct 
to be caIrie-d by such police officer.' IP INIIIMYSIP 12 
Page 38 
Power of investigation 
5S. An authorized officer shall have all the powers necessary to 
carry out an inspection and to investigate the commission of any 
offence under this Act. 
Additional powers 
56. Any authorized officer or police officer not below the rank 
of ~spector may, for the purpose of enforcing this Act, do all or 
any of the following: 
. (a) enter, inspect and examine with or without no~ce any 
premises or farm at any reasonable hour in relation to 
any offence reasonably suspected to have been committed 
under this Act; 
• i· 
(b) require the production of any record, book, accounts, 
computerized data or documents kept by the holder arid 
inspect, examine and copy any ..of th~~; . 
(c) require Lhe production of any identification document 
from any person in relation to any 'Case or offence under 
this Act; , " . 
-(d) make such inquiry as may be necessary'to ascertain whether 
the provisions of this Act have been complied with. 
PART XI 
MISCELLANEOUS 
Institution of prosecution 
57. No prosecution for or in relation to any offence_under this Act 
shall be instituted except by or with the written consent of the 
PubTiCPfosecutor. Jurisdiction to try offences IP 1Nl 1 IMYSIP 12 
Page 39 
58. Notwithstanding any written law to the contrary, a Court of 
a Magistrate of the First Class -shall have jurisdiction to try any 
offence under this Act and to impose the full punishment for any 
-such offence. 
Protection of officers 
59-. No action shall be brought, instituted or maintained in any 
court against ---
(a) any member of the Appeal Board; -
(b) any member of the Board; 
(c) any authorized officer; and 
(d) any Examiner, 
for any act or omission done in good faith in the performance of 
their functions and the exercise of their powers under this Act. 
Regulations 
60. (1) The MiIp.ster may make regulations for the purpo~e of 
carrying into effect the provisions of this Act.-
(2). Withop.t prejudice to the generality of subsection (1), -
regulations may be made- _ . 
. (a) to regulate the procedure for an application for the 
registration of a new plant variety and grant of a breeder's 
right and the determination of questions in connection 
with _ such application, registration and grant, and "in 
connection with the extension of the duration of such 
registration and grant, and the revocation, surrender, 
assignment or transmission of a breeder's ~ght; 
(b) prescribing the fees and charges payable under this Act 
and the manner f<?r .collecting and dealing with such fees 
and charges; 
(c) prescribmg forms, book, registers, documents and other 
matters to be used under this Act and the information to _ 
be furnished for any of the purposes' of this Act; 
( d) prescribing the size of a hol~g for the -purposes of the 
dermition of "small farmer"; and 
(e) providing generally for any other matter for the prop.er 
and effective implementation" of this Act.