Malaysia is a signatory to the TRIPS Agreement which stipulates that member countries shall provide for the protection of plant varieties by a patent or by an effective sui generis system or by any combination thereof. Accordingly, Malaysia has enacted the New Plant Varieties Act 2004 (NPVA) which came into force on 20 October 2008.
The NPVA aims to provide protection of rights for breeders of new plant varieties and recognition and protection of contribution made by farmers, local communities and indigenous people towards the creation of new plant varieties. Furthermore, the NPVA is also intended to encourage investment in and development of the breeding of new plant varieties in both public and private sectors.
There are two categories of plant varieties which can be registered i.e. new varieties which fulfill the New, Distinct, Uniform and Stable requirements under the NPVA and the new varieties which are discovered, developed and propagated by farmer, local communities or indigenous people which fulfill the New, Distinct and Identifiable requirements under the NPVA.
We are pleased to inform you that all our attorneys are registered agents for handling and prosecuting all applications under the NPVA. Should you or your clients need any assistance with respect to new plant varieties, kindly contact us. We will forward you the registration process flowchart, a set of relevant forms and our schedule of fees, upon your request.