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PRELIMINARY

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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 Minister by notification in the Gazette.

Interpretation

2. In this Act, unless the context otherwise requires —

"propagating material" means any material or plant, or any part of the plant, used for multiplication or reproduction;

"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;

"Ministry" means the Ministry for the time being responsible for agriculture;

"Fund" means the Plant Varieties 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 or a group of individuals settled together in a village or area and under an eco-cultural system;

"discover and develop" means activities which lead to the desired phenotypic expression and affect the crop genotype and which 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;

"authorized officer" means an officer authorized under subsection 53(1);

"breeder" means a person who has bred or has discovered and developed 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 36;

"Examiner" means any person, government department or organization appointed by the Board for the purpose of conducting a substantive examination under section 21;

"farmer" means any person who—

(a) cultivates crops by cultivating the land himself;

(b) cultivates crops by directly supervising the cultivation of land through any other person; or

(c) conserves and preserves, severally or jointly, with any person any traditional variety of crops or adds value to the traditional variety through the selection and identification of their useful properties;

"small farmer" means a farmer whose farming operations do not exceed the size of holding as prescribed by the Minister;

"indigenous people" means persons who fall within the definition of the "aborigine" or "native" as defined respectively in Clause (2) of Article 160 and Clause (6) of Article 161 a of the Federal Constitution;

"centre" means any place approved by the Board for the deposit of any sample of seeds or propagating material under section 27;

"samples" include seeds and any other propagating material which are capable of regeneration;

"plant" means any living organism in the plant kingdom but excludes any micro-organism;

"variety" means a plant grouping within a single botanical taxonomy of the lowest known 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 variety, or from a plant variety that is itself predominantly derived from the initial plant variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial plant variety;

(b) is clearly distinguishable from the initial plant variety; and

(c) except for the differences which result from the act of derivation, conforms to the initial plant variety in the expression of the essential 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 letters of administration of the estate of the deceased person have been granted whether in Malaysia or outside Malaysia.

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