Protection of New Plant Varieties Regulations, 2008

PROTECTION OF NEW PLANT VARIETIES REGULATIONS 2008 PU(A) 389/2008 PROTECTION OF NEW PLANT VARIETIES ACT 2004 PROTECTION OF NEW PLANT VARIETIES REGULATIONS 2008 ARRANGEMENT OF REGULATIONS Regulation 1. Citation and commencement 2. Interpretation 3. Forms 4. Fees 5. Application for registration of new plant variety and grant of breeder's right 6. Filing of application 7. Preliminary examination 8. Request for substantive examination 9. Substantive examination 10. Opposition to registration of new plant variety and grant of breeder's right 11. Reply by applicant 12. Filing of documentary evidence in support 13. Deposit of samples 14. Registration of new plant variety and grant of breeder's right 15. Register of New Plant Varieties 16. Compulsory licence 17. Assignment or transmission of breeder's right schedules IN exercise of the powers conferred by section 60 of the Protection of New Plant Varieties Act 2004[Act 634], the Minister makes the following regulations: 20 October 2008 1. Citation and commencement (1) These regulations may be cited as the Protection of New Plant Varieties Regulations 2008. (2) These Regulations come into operation on 20 October 2008. 2. Interpretation In these Regulations, unless the context otherwise requires, "Registration Office" means the Plant Variety Protection Registration Office of the Department of Agriculture Malaysia. 3. Forms The forms referred to in these Regulations shall be as prescribed in the First Schedule. 4. Fees (1) The fees to be paid under the Act and these Regulations shall be as prescribed in the Second Schedule. (2) The fees shall be paid to the Registration Office by such means and in such manner as the Board may direct. 5. Application for registration of new plant variety and grant of breeder's right (1) An application for registration of a new plant variety and grant of breeder's right under subsection 12(1) of the Act shall be made to the Board in Form PVBT 1 and shall be accompanied by the prescribed fee. (2) Notwithstanding subregulation (1), where a plant variety is bred, or discovered and developed by a farmer, local community or indigenous people, the application for registration of a new plant variety and the grant of breeder's right shall be made to the Board in Form PVBT 2 and shall be accompanied by the prescribed fee. 6. Filing of application (1) If the application fulfils the requirements under section 12 of the Act, the Registration Office: (a) shall record the filing date of the application; and (b) shall notify the applicant in writing of the filing date and the reference number of the application. (2) If the application does not fulfil the requirement of paragraph 12(1) (d) of the Act, the Registration Office shall notify the applicant in writing of the amendment needed and the applicant is required to make the necessary amendment within thirty days of the notification. (3) If the application does not fulfil the requirements of section 12 of the Act, the Registration Office shall inform the applicant in writing of the reason. 7. Preliminary examination If, upon preliminary examination conducted in accordance with section 19 of the Act it is found that the requirements under sections 15 and 16 of the Act are not complied with, the Board shall, in accordance with subsection 19(2) of the Act, notify the applicant in writing of the amendment needed to be done and the applicant is required to make the amendment within thirty days upon the notification. 8. Request for substantive examination (1) A request for substantive examination shall be made to the Board, within thirty days upon notification, in Form PVBT 3 and shall be accompanied by the prescribed fee. (2) The Board shall determine the method of substantive examination as follows: (a) document examination; (b) on-site inspection; (c) growing test; or (d) subsequent growing test (if necessary). 9. Substantive examination In accordance with subsection 21(2) of the Act, the applicant shall make an observation on the Examiner's reports and make the necessary amendment within thirty days upon receipt of the notice. 10. Opposition to registration of new plant variety and grant of breeder's right In accordance with section 23 of the Act, any interested person may oppose the registration of a new plant variety and the grant of breeder's right by giving notice to the Board and the applicant in Form PVBT 4. 11. Reply by applicant (1) In accordance with subsection 24(1) of the Act, the applicant shall, within thirty days after the receipt of the notice of opposition, send a reply stating the grounds for the application for registration of a new plant variety and grant of breeder's right to the Board and opponent in Form PVBT 5. (2) If the applicant fails to reply to the Board within the period specified in subregulation (1), the Board may grant an extension of fourteen days. (3) Where the applicant fails to reply after the expiration of thirty days or after the extended period of fourteen days, the applicant shall be deemed to have abandoned his application. 12. Filing of documentary evidence in support In accordance with section 25 of the Act, the filing of documentary evidence by the applicant or the opponent shall be made in Form PVBT 6 within thirty days upon receipt of notice. 13. Deposit of samples (1) In accordance with section 27, the applicant shall deposit the samples of the seed or any other propagating material of the plant variety at a centre approved by the Board within three months upon notification. (2) The quantity of the samples of the seed or any other propagating material of the plant variety to be deposited by the applicant is as follows: (a) seeds - 1000 seeds or 10 gram, whichever is suitable; or (b) other propagating material - 10 plants. 14. Registration of new plant variety and grant of breeder's right The Board shall issue a certificate of registration of new plant variety and grant of breeder's right to the applicant: (a) in Form PVBT 7, for the registration of new plant variety and grant of breeder's right under subsection 12(1) of the Act; or (b) in Form PVBT 8, for the registration of new plant variety and grant of breeder's right where a plant variety is bred, or discovered and developed by a farmer, local community or indigenous people. 15. Register of New Plant Varieties (1) Any person may apply to inspect the Register of New Plant Varieties by submitting an advanced notice of fourteen days in writing to the Board. (2) Any person may request for a certified copy or extract of any entry in the Register of New Plant Varieties to the Board in Form PVBT 9 and the request shall be accompanied by the prescribed fee. 16. Compulsory licence (1) Pursuant to subsection 36(2) of the Act, the breeder's right holder shall make representations within thirty days from the date of notification of the intention of the Board to grant compulsory licence. (2) Upon considering the representations of the breeder's right holder, or if no representation is received within thirty days as specified in subregulation (1), the Board shall deem that the breeder's right holder has no objection and shall grant the compulsory license within sixty days and inform the breeder's right holder of its decision. (3) Where the Board grants a compulsory license, the Board shall advertise in the major local dailies by inviting local interested parties to be a licensee. (4) The application under subregulation (3) shall be made to the Board in Form PVBT 10. (5) The duration of the compulsory licence under paragraph 37(b) of the Act shall be on a year to year basis. 17. Assignment or transmission of breeder's right An application for assignment or transmission of a breeder's right shall be made in Form PVBT 11 and shall be accompanied by the prescribed fee. FIRST SCHEDULE (Regulation 3) FORM PVBT 1 PROTECTION OF NEW PLANT VARIETIES ACT 2004 PROTECTION OF NEW PLANT VARIETIES REGULATIONS 2008 APPLICATION FOR REGISTRATION OF NEW PLANT VARIETY AND GRANT OF BREEDER'S RIGHT [Subregulation 5(1)] TO: Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form together with the prescribed fee FOR OFFICIAL USE Applicant file reference Filing date : Amount of fee : Receipt no. : PARTICULARS OF APPLICANT 1. Name of *applicant NRIC/Company Reg. No. : 2. Address of applicant Citizenship : Telephone : Fax : E-mail : PARTICULARS OF AGENT 2a. Name of **agent NRIC/Company Reg. No. : Address of agent Citizenship : Telephone : Fax : E-mail : 2b. Please attach letter of appointment of agent. PARTICULARS OF PLANT BREEDER(S) 3a. Name of plant ***breeder(s) NRIC/Passport no. : Citizenship : Address of plant breeder(s) Telephone : Fax : E-mail : Relationship with applicant : (eg: employer, employee) 3b. Name of plant ***breeder(s) NRIC/Passport no. : Citizenship : Address of plant breeder(s) Telephone : Fax : E-mail : Relationship with applicant : (eg: employer, employee) 3c. Name of plant ***breeder(s) NRIC/Passport no. : Citizenship : Address of plant breeder(s) Telephone : Fax : E-mail : Relationship with applicant : (eg: employer, employee) VARIETY DENOMINATION 4. Variety denomination : (First priority) (Second priority) (Third priority) Plant breeder's reference : Common name of plant : Botanical name : (Genus) (Species) PARTICULARS OF PLANT VARIETY 5. Particulars on Variety Development (please tick one) ( ) Conventional Breeding Programme (State parental lines) ( ) Induced mutation (State parent material) ( ) Genetic modification (Enclose relevant documents) (Please refer to paragraph 12(1)(h) of the Act) ( ) Others (Please describe) 6. Mode of Pollination ( ) Self pollination ( ) Cross pollination 7. Has this variety been subjected to plant quarantine import permit and phytosanitary requirements before being brought into Malaysia? (Not applicable for local varieties) ( ) Yes (please enclose one copy of permit and certificate) ( ) No 8. Has this variety been sold at the local market? ( ) Yes If yes, state a. Date first sold : b. Trade name : ( ) No 9. Has this variety been sold at the foreign market? ( ) Yes If yes, state a. Date first sold : b. Trade name : ( ) No 10. Has the application for plant breeder's ( ) Yes (attach certified copy of the original certificate) a. Name of country : b. Date of application is submitted : c. Date of plant breeder's right : ( ) No 11. State the differences between Applicant Variety and Reference Variety Reference Variety: Morphology Characteristics of Applicant Variety Characteristics of Reference Variety Differences (supported by photographs) Growth habit Stem Seed Flowers Fruits Leaf Others 12. Describe how the varieties are maintained I declare that the above particulars are true and accurate. I enclose herewith ****Cash/Postal Order/Money Order/Bank Draft No. with an amount of RM100.00 as a filing fee. Signature : Name of ****applicant/agent : Date : Note: * Applicant refers to individual, company or government agency. ** Agent refers to a resident of Malaysia who has been appointed to represent the applicant whose residence or place of business is within or outside Malaysia. *** Breeder refers to the person responsible for breeding the new variety. The breeder may be the applicant himself or an employee of the applicant (company). **** Delete whichever is not applicable. FORM PVBT 2 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties Regulations 2008 APPLICATION FOR REGISTRATION OF NEW PLANT VARIETY AND GRANT OF BREEDER'S RIGHT (DISCOVERED AND DEVELOPED BY A FARMER, LOCAL COMMUNITY OR INDIGENOUS PEOPLE) [Subregulation 5(2)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form together with the prescribed fee FOR OFFICIAL USE Applicant File Reference Filing date : Amount of fee : Receipt no. : PARTICULARS OF APPLICANT 1. Name of *applicant NRIC/Company Reg. No. : Address of applicant Citizenship : Telephone no. : Fax : E-mail : PARTICULARS OF AGENT 2a. Name of *agent Organization : Telephone : Address of agent Fax : E-mail : 2b. Please attach ***Letter of Consent VARIETY DENOMINATION 3. Variety denomination : (First priority) (Second priority) (Third priority) Plant breeder's reference : Common name of plant : Botanical name (Genus) (Species) PARTICULARS OF PLANT VARIETY 4. Particulars on variety development When discovered : Where discovered : How discovered : 5. Method of propagation ( ) Seeds ( ) Cuttings ( ) Grafting ( ) Tubers ( ) Others 6. Has this variety been sold at the local market? ( ) Yes If yes, state a. Date first sold : b. Trade name : ( ) No 7. Has this variety been sold at the foreign market? ( ) Yes If yes, state a. Date first sold : b. Trade name : ( ) No 8. State the differences between Applicant Variety and Reference Variety Reference Variety : Morphology Characteristics of Applicant Variety Characteristics of Reference Variety Differences (supported by photographs) Growth habit Stem Seed Flowers Fruits Leaf Others 9. Describe how the varieties are maintained I declare that the above particulars are true and accurate. I enclose herewith ****Cash/Postal Order/Money Order/Bank Draft No. with an amount of RM100.00 as a filing fee. Signature : Name of applicant : Date : Note: * Applicant refers to local community and indigenous people ** Agent refers to resident of Malaysia who has been appointed to represent the applicant (local farmer), government agency or local authority representing the local community and indigenous people *** Letter of consent of the authority representing the local community or the indigenous people in cases where the plant variety is developed from traditional varieties **** Delete whichever is not applicable. FORM PVBT 3 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 REQUEST FOR SUBSTANTIVE EXAMINATION [Subregulation 8(1)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form together with the prescribed fee FOR OFFICIAL USE Request received on : Fee received on : Amount of fee : Receipt no. : IN THE MATTER OF: Applicant file reference: Notice received on: *APPLICANT/AGENT Name : Address : REQUEST The applicant request a substantive examination to be carried out in accordance with sub-section 20(2) of the Protection of New Plant Varieties Act 2004 as determined by the Plant Varieties Board. ( ) Document Examination (RM500.00) ( ) Growing Test (RM2,500.00) ( ) On-site Inspection (RM1,500.00) ( ) Subsequent Growing Test (RM1,000.00) ADDITIONAL INFORMATION Location of applicant's variety : Age of plants : Number of plants : Age of maturity : Expected time of flowering : DECLARATION a. I agree to provide the cooperation to the Board in the conduct of substantive examination. b. I agree to provide the required quantity of samples of the seed or any other propagating material of the plant variety as requested by the Board. c. I declare that all the information provided herein are true and accurate. d. I enclose herewith *Cash/Postal Order/Money Order/Bank Draft No. with an amount of *RM500.00/RM1,500.00/RM2,500.00 as a substantive examination fee. e. I agree to pay a sum of RM1,000.00 for the purpose of conducting subsequent growing test, if necessary. Signature : Name of *applicant/agent : Date : Note: *Delete whichever is not applicable. FORM PVBT 4 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 OPPOSITION TO REGISTRATION OF NEW PLANT VARIETY AND GRANT OF BREEDER'S RIGHT [Regulation 10] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form FOR OFFICIAL USE Name of applicant : Applicant file reference : Opponent reference no. : OPPONENT Name : Address : NRIC/Passport No. : (Individual) Company Reg. No. : (Company) Telephone : Fax : E-mail : VARIETY OPPOSED Variety denomination: Botanical name: (Genus) (Species) GAZETTE REFERENCE NUMBER GROUNDS FOR OPPONENT [Please tick (/)] [Please specify and enclose supporting document where applicable] ( ) Infringement of right (please specify) : ( ) Novelty (please specify) : ( ) Denomination (please specify) : ( ) Uniformity (please specify) : ( ) Stability (please specify) : ( ) Contrary to public order or morality (please specify) : ( ) Negative impact on environment (please specify) : ( ) Others (please specify) DECLARATION I declare that all the information provided herein is true and accurate. Signature : Date : (Opponent) FORM PVBT 5 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 REPLY BY APPLICANT [Subregulation 11(1)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form FOR OFFICIAL USE Applicant file reference : Reply received on : Name of opponent : Opponent reference no. : *APPLICANT/AGENT Name : Address : NRIC/Company Reg. no. : Telephone : Fax : VARIETY OPPOSED Variety denomination : Botanical name : (Genus) (Species) GAZETTE REFERENCE NUMBER REPLY TO ISSUE (S) RAISED BY OPPONENT a. Issue raised : b. Reply to issue raised : c. Documentary evidence in support (if any) : DECLARATION I declare that all the information provided herein is true and accurate. Signature: (*Applicant/Agent) Date : Note: *Delete whichever is not applicable. FORM PVBT 6 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 FILING OF DOCUMENTARY EVIDENCE IN SUPPORT [Regulation 12] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form FOR OFFICIAL USE Name of applicant : Applicant file reference : Reply received on : Name of opponent : Opponent reference no. : *APPLICANT/AGENT/OPPONENT Name : Address : NRIC/Company Reg. No. : Telephone : Fax : VARIETY OPPOSED Variety denomination : Botanical name : (Genus) (Species) GAZETTE REFERENCE NUMBER ISSUES IN CONTENTION DOCUMENTARY EVIDENCE SUBMITTED DECLARATION I declare that all the information provided herein is true and accurate. Signature : (*Applicant/Agent/Opponent) Date : Note: *Delete whichever is not applicable FORM PVBT 7 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of New Plant Varieties Regulations 2008 CERTIFICATE OF REGISTRATION OF NEW PLANT VARIETY AND GRANT OF BREEDER'S RIGHT [Paragraph 14(a)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture It is certified that the plant variety whose particulars appear below has been registered under section 28 of the Protection of New Plant Varieties Act 2004[Act 634], by the Plant Varieties Board and is assigned to the Registration Number PARTICULARS OF PLANT VARIETY Name of breeder's right holder: Common name of plant : Botanical name : Variety denomination : Duration of protection : years ( to ) TERMS AND CONDITIONS 1. Grant of breeder's right is based on 2. Breeder's right holder is to abide by 3. Breeder's right holder is to abide by Signature : (Chairman of Plant Varieties Board) Name : Date : ANNUAL RENEWAL 1. 10. 19. 2. 11. 20. 3. 12. 21. 4. 13. 22. 5. 14. 23. 6. 15. 24. 7. 16. 25. 8. 17. 26. 9. 18. 27. TRANSFER OF OWNERSHIP OFBREEDER'S RIGHT Name of new breeder's right holder NRIC no./ Company Reg. no. Date of transfer of right Endorsement by the Board 1. 2. 3. FORM PVBT 8 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 CERTIFICATE OF REGISTRATION OF NEW PLANT VARIETY AND GRANT OF BREEDER'S RIGHT (DISCOVERED AND DEVELOPED BY A FARMER, LOCAL COMMUNITY OR INDIGENOUS PEOPLE) [Paragraph 14(b)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture It is certified that the plant variety whose particulars appear below has been registered under section 28 of the Protection of New Plant Varieties Act 2004 [Act 634], by the Plant Varieties Board and is assigned to the Registration Number PARTICULARS OF PLANT VARIETY Name of breeder's right holder : Common name of plant : Botanical name : Variety denomination : Duration of protection years ( to ) TERMS AND CONDITIONS 1. Grant of breeder's right is based on 2. Breeder's right holder is to abide by 3. Breeder's right holder to abide by all Signature : (Chairman of Plant Varieties Board) Name : Date : ANNUAL RENEWAL 1. 10. 19. 2. 11. 20. 3. 12. 21. 4. 13. 22. 5. 14. 23. 6. 15. 24. 7. 16. 25. 8. 17. 26. 9. 18. 27. TRANSFER OF OWNERSHIP OF BREEDER'S RIGHT Name of new breeder's right holder NRIC no./ Company Reg. no. Date of transfer of right Endorsement by the Board 1. 2. 3. FORM PVBT 9 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 REQUEST FOR CERTIFIED COPIES OR EXTRACTS OF REGISTER OF NEW PLANT VARIETIES [Subregulation 15(2)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form together with the prescribed fee FOR OFFICIAL USE Applicant file reference : Request received on : Fee received on : Amount of fee : Receipt no. : APPLICANT Name : Address : REQUEST I request the Plant Varieties Board to issue a certified copy or extract of the Register of New Plant Varieties for the following variety(ies): Variety denomination: 1. 2. 3. DECLARATION I enclose herewith *Cash/Postal Order/Money Order/Bank Draft No. with an amount of RM (RM 10.00/Variety) for the above-mentioned purpose. Signature: Date: (Applicant) Note: *Delete whichever is not applicable. FORM PVBT 10 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 APPLICATION FOR COMPULSORY LICENCE [Subregulation 16(4)] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form FOR OFFICIAL USE Applicant file reference : Application received on : IN THE MATTER OF BREEDER'S RIGHT Certificate Registration No. : Duration of protection : Variety denomination : Name of right holder : *APPLICANT Name : Address : Principal place of business : Telephone : Fax : E-mail : REQUEST The above applicant applies to the Plant Varieties Board and request for grant of a compulsory licence for the above protected variety under section 36 of the Protection of New Varieties Act 2004 NATURE OF BUSINESS ( ) Agriculture ( ) Non-agriculture PLEASE DESCRIBE YOUR EXPERIENCE DECLARATION (a) I declare that all the information provided herein is true and accurate. (b) I also agree to comply with any conditions set by the Plant Varieties Board. Signature : Date : Name : (Applicant) Note: *Applicant refers to individual, agency or company. FORM PVBT 11 PROTECTION OF NEW PLANT VARIETIES ACT 2004 Protection of new Plant Varieties regulations 2008 APPLICATION FOR ASSIGNMENT OR TRANSMISSION OF BREEDER'S [Regulation 17] TO : Plant Variety Protection Registration Office Crop Quality Control Division Department of Agriculture Please submit one copy of this form together with the prescribed fee FOR OFFICIAL USE Applicant file reference : Application received on : Fee received on : Amount of fee : Receipt no. : IN THE MATTER OF BREEDER'S RIGHT Certificate Registration No. : Date of grant : PARTICULARS OF CURRENT Name : Address : Principal place of business : Telephone : Fax : APPLICATION The new owner applies to the Plant Varieties Board to request for assignment or transmission of the breeder's CERTIFICATE OF REGISTRATION OF NEW rights to be recorded in PLANT VARIETY AND GRANT OF BREEDER'S RIGHT PARTICULARS OF NEW BREEDER'S RIGHT Name : Residential address : Business address : Nationality : Telephone : Fax : E-mail : ADDITIONAL INFORMATION REQUIRED (a) the original or a certified copy of the assignment signed by or on behalf of the contracting parties (b) other documents evidencing the change of ownership (please specify ) DECLARATION I declare that all the information provided herein is true and accurate. I enclose herewith *Cash/Postal Order/Money Order/Bank Draft No. with an amount of RM100.00 for the above-mentioned purpose. Signature : Date : (Name : ) *(New owner/Agent for new owner) Note: *Delete whichever is not applicable. SECOND SCHEDULE [Subregulation 4(1)] FEES (1) No. (2) Matters (3) Fee (RM) (4) Form 1. Filing (per application) 100.00 PVBT 1 PVBT 2 2. Request for substantive examination PVBT 3 (a) Document examination; 500.00 (b) On-site inspection; 1,500.00 (c) Growing test; 2,500.00 (d) Subsequent growing test (if necessary) 1,000.00 3. Opposition to registration of new plant variety and grant of breeder's right PVBT 4 4. Reply by applicant - PVBT 5 5. Filing of documentary evidence in support - PVBT 6 6. Certificate of registration of new plant variety and grant of breeder's right PVBT 7 7. Certificate of registration of new plant variety and grant of breeder's right (Discovered and a farmer, local community or indigenuous people) PVBT 8 8. Request for certified copies or extracts of Register of New Plant Varieties 10.00 PVBT 9 9. Application for compulsory licence - PVBT 10 10. Application for assignment or transmission of breeder's right 100.00 PVBT 11