Salient features of the proposed Malaysian plant variety protection legislation

Chan Han Hee, . (2003) Salient features of the proposed Malaysian plant variety protection legislation. [Proceedings Paper]

The constant introduction of new plant varieties is an essential ingredient towards the enhancement of crop productivity at high and sustainable levels for food and agriculture. In many countries legislation on Plant Variety Protection also known as Plant Breeders Rights has been used to support the breeding of new varieties of plants. Plant Variety Protection is a form of Intellectual Property Protection that grants to the holders a form of exclusive right to pursue innovative activity allowing them to exploit and have control over the new varieties created by them. Plant Variety Protection has many features that are common to other types of Intellectual Property Protection like patents industrial designs trademarks copyright geographical indications trade secrets computer circuits and database protection.Article 27.3 b of the Agreement on Trade-Related Aspects of Intellectual Property including Trade in Counterfeit Goods TRIPS specifies that member countries shall provide for the protection of plant varieties either through a patent or a sui generis system or by an effective combination of both. The paper describes the nature of Plant Variety Protection and the rationale for its implementation in Malaysia. It also outlines the development efforts towards the establishment of a proposed legislation emphasizing the contribution of stakeholders that include public and private sectors as well as non-governmental organizations. Salient aspects of the proposed legislation are included such as the scope and duration of protection the limitation of rights procedure for the issuance of the grant issuance of compulsory licenses infringement proceedings offences and penalties. It is hoped that with the introduction of the proposed Plant Variety Protection legislation plant breeders in the country will have an added impetus to come out with new varieties. At the same time the farming community will have better access to new varieties of plants that will help make their products competitive in the world market.

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Abstract

The constant introduction of new plant varieties is an essential ingredient towards the enhancement of crop productivity at high and sustainable levels for food and agriculture. In many countries legislation on Plant Variety Protection also known as Plant Breeders Rights has been used to support the breeding of new varieties of plants. Plant Variety Protection is a form of Intellectual Property Protection that grants to the holders a form of exclusive right to pursue innovative activity allowing them to exploit and have control over the new varieties created by them. Plant Variety Protection has many features that are common to other types of Intellectual Property Protection like patents industrial designs trademarks copyright geographical indications trade secrets computer circuits and database protection.Article 27.3 b of the Agreement on Trade-Related Aspects of Intellectual Property including Trade in Counterfeit Goods TRIPS specifies that member countries shall provide for the protection of plant varieties either through a patent or a sui generis system or by an effective combination of both. The paper describes the nature of Plant Variety Protection and the rationale for its implementation in Malaysia. It also outlines the development efforts towards the establishment of a proposed legislation emphasizing the contribution of stakeholders that include public and private sectors as well as non-governmental organizations. Salient aspects of the proposed legislation are included such as the scope and duration of protection the limitation of rights procedure for the issuance of the grant issuance of compulsory licenses infringement proceedings offences and penalties. It is hoped that with the introduction of the proposed Plant Variety Protection legislation plant breeders in the country will have an added impetus to come out with new varieties. At the same time the farming community will have better access to new varieties of plants that will help make their products competitive in the world market.

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Item Type:	Proceedings Paper
Additional Information:	Summary En
AGROVOC Term:	VARIETIES
AGROVOC Term:	PLANTS
AGROVOC Term:	INTELLECTUAL PROPERTY RIGHTS
AGROVOC Term:	LEGISLATION
AGROVOC Term:	MALAYSIA
Geographical Term:	MALAYSIA
Depositing User:	Ms. Norfaezah Khomsan
Last Modified:	24 Apr 2025 05:28
URI:	http://webagris.upm.edu.my/id/eprint/16811

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