Plant Breeders have the exclusive right to commercialize their unique new plant varieties thanks to a type of intellectual property rights known as Plant Variety Protection (PVP). The Plant Breeders’ Rights are another name for the PVP. Plant breeders will be able to continue their invention and work toward the creation of new plant varieties with the ability to exploit new types.
For breeding purposes, farmers have historically used genetic resources from plants and animals. the development of modern biotechnology, particularly with the aid of genetic engineering. The improvement of international nutrition and health is greatly aided by the availability of genetic resources from plants. In the time of environmental and climate change, it is one of the most important areas of biological resources, providing the framework for food production and the key to an unprecedented number of people.
Plant breeding has become a more complicated scientific procedure that involves more improvements and significant changes as a result of innovation and rising genetic knowledge. The entire community has been affected by the agricultural evolutionary method that utilizes plant genetic resources. Numerous debates and concerns about farmer-centered practices have arisen as a result of the expansion of intellectual property rights in plants and varieties. The ancient farming methods, which are firmly rooted in the good of the community, are in conflict with the private and individual nature of IPRs.
Plant Variety Protection in Malaysia
The Protection of New Plant Varieties Malaysia Act 2004 and the Protection of New Plant Varieties Regulations 2008 govern plant variety protection in Malaysia. The NPV Act was approved on July 1, 2004, and it became effective on October 20, 2008.
The NPV Act’s objectives are to:
- Protect the rights of breeders of new plant varieties;
- Recognize and protect the contribution made by farmers, local communities, and indigenous people towards the development of new plant varieties;
- Stimulating creation, growth, and investment in the breeding of new plant varieties.
The term “indigenous people” is defined in Article 2 of the 2004 Act as those who meet the criteria for “aborigine” or “native” as those terms are defined in Article 160 (2) and Article 161A (6) of the Federal Constitution.
The Act’s Articles 12 and 14 specify the protection scope. The application for registration of new plant varieties and the granting of plant breeder’s rights are both covered by Article 12. An application for the registration of a plant variety and the granting of breeder’s rights must be supported by documents evidencing compliance with all applicable laws governing access to and sharing of genetic resources, as well as the prior written approval of the authority representing the local community.
The requirements for new plant variety registration and the granting of subsequent plant breeder’s rights are outlined in Article 14. A plant variety may only be registered as a new variety if it is new, distinct, uniform, and stable.
These are the clauses that are necessary for the full and necessary preservation of plant varieties in Malaysia.
Small farming communities should be appreciated and honored for their ongoing efforts since they are the keepers and custodians of plant genetic diversity, which is crucial for ensuring food security. Farmers should also get other forms of sharing, such as assistance with conservation efforts, easier access to superior seed types, and collaboration with local plant breeders, as part of the support and recognition provided by Farmers’ Rights. An study of the role played by the Malaysian government in implementing and bolstering the rights of Malaysia’s small farmers under the plant variety protection law is required.
You can find the list of Malaysia IP Firms here.