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INFRINGEMENT

Acts deemed to be infringement

47. Subject to the provisions of this Act, an infringement of a breeder's right shall consist of the performance of any of the acts referred to in section 30 in Malaysia by a person other than the holder without the authorization of the holder in relation to the registered plant variety for which a breeder's right has been granted to the holder.

Infringement proceedings

48. (1) The holder shall have the right to institute court proceedings against any person who has infringed or is infringing his rights.

(2) The holder shall have the same right against any person who has performed acts which make it likely that an infringement will occur, which in this Part is referred to as an "imminent infringement".

(3) The proceedings in subsections (1) and (2) may not be instituted after five years from the date the act of infringement is discovered or could have been reasonably discovered by the holder.

Injunction and award of damages

49. (1) If the holder proves that an infringement has been committed or is being committed, the court may award damages and may grant an injunction to prevent further infringement and award any other legal remedy.

(2) If the holder proves that an imminent infringement has occurred, the court may grant an injunction to prevent the infringement and award any other legal remedy.

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