– Protection of New Plant Varieties Act 2004, in force since January 1, 2007.
– Protection of New Plant Varieties (Prescribed Size of a Holding) Regulations, in force since October 20, 2008.
– Protection of New Plant Varieties Regulations 2008, in force since October 20, 2008.

Applicant: an application for the registration of a new plant variety and grant of a breeders' right can be made by a breeder or his successor in title, the employer of the breeder, a farmer or group of farmers, local community or indigenous people who have carried out the functions of a breeder, or any government or statutory body, which has carried out the functions of a breeder. A local agent shall be appointed where the applicant’s ordinary residence or principal place of business is outside Malaysia or where the applicant is a group of farmers. If the applicant is a local community or an indigenous people, the authority representing the local community or indigenous people shall be the agent.

Registrability: to be registered and granted a breeders' right, a plant variety has to be new, distinct, uniform and stable, or where it is bred or discovered by a farmer, local community or indigenous people, a plant variety may be new, distinct and identifiable to be registered.

Novelty: a plant variety is new if on the filing date of the application, the propagating or harvested material of the plant variety has not been sold or otherwise disposed of on a commercial basis by or with the consent of the breeder earlier than one year before the filing date within Malaysia or earlier than six years before the filing date in other countries in respect of trees and vines and earlier than four years before the filing date in other countries in respect of other plant varieties.

Distinctiveness: a plant variety is distinct if on the application filing date, it is clearly distinguishable from any other plant variety, the existence of which is a matter of common knowledge.

Uniformity: a plant variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.

Stability: further, a plant variety is stable if its relevant characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each particular cycle.

Identity: a plant variety is identifiable if it can be distinguished from any other plant grouping by the expression of one characteristic and that characteristic is identifiable within individual plants or within and across a group of plants and such characteristics can be identified by any person skilled in the relevant art.

Priority: priority will be accorded to the application with the earlier filing date, which is the date of receipt by the Plant Varieties Board of an application complying with all the necessary requirements.

Office: an application shall be made to the Plant Varieties Board.

Filing requirements for an application (to be sent to resident agent):
1. Details of the applicant;
2. The method by which the plant variety is developed;
3. The plant variety denomination;
4. Information regarding the source of the genetic material or the parental lines of the plant variety applied for;
5. Documents and information relating to the distinguishing characteristics of the plant variety;
6. Where the plant variety is developed from traditional varieties, the prior written consent of the authority representing the local community or the indigenous people;
7. Documents relating to the compliance of the applicable laws, e.g. those regulating access to genetic or biological resources or regulating activities involving genetically modified organisms.

Preliminary examination: a preliminary examination will be carried out by the Plant Varieties Board to ensure (1) that the denomination of the plant variety complies with the necessary requirements; (2) that the registration sought is not prohibited in that it may not affect public order or morality; or (3) that there is no reasonable ground to believe that it will produce a negative impact on the environment.

Amendments: where the requirements have not been complied with, the applicant shall be given an opportunity to make any observations and to amend the application within the specified period.

Substantive examination: where an applicant has been notified that the formal requirements have been met, the applicant may request for a substantive examination, which will then be referred to an Examiner. The Examiner will determine whether the conditions for registration have been met and report such findings to the Plant Varieties Board.

Observations: where the finding is that the conditions for registration have not been met, the applicant shall be given an opportunity to make observations and to amend the application for compliance within the specified period.

Publication: once an application is accepted (has complied with the requirements for registration), it shall be published in the Gazette.

Opposition: opposition is taken by giving notice, including a statement of the grounds of opposition to the Plant Varieties Board within three months from the date of publication. The applicant is allowed thirty days to reply. An application may be opposed on the ground that the person opposing is entitled to the breeders' right, that the requirements for registration have not been met, that the registration will be contrary to public order or morality, or that it will produce a negative impact on the environment. Where no opposition is taken, the application shall proceed to registration and the applicant shall, within the time specified by the Plant Varieties Board, deposit samples of the seed or any other propagating material of the plant variety in the specified quantity at a center approved by the Board.

Duration – extension: twenty years from the filing date for a registered plant variety that is new, distinct, uniform and stable, or fifteen years from the filing date for a registered plant variety that is new, distinct and identifiable. The Plant Varieties Board may also grant registration for a duration of twenty-five years for trees and vines. The period of registration may be extended.

Scope of breeders' rights and infringement: the holder of a breeders' right shall have the right to produce or reproduce, condition for the purpose of propagation, offer for sale, market, export, import and stock for those purposes, the registered plant variety. A breeders' right also extends to (a) any propagating material of the registered plant variety, harvested material of the registered plant variety and the entire or any part of a plant variety where the propagating material of that plant variety is obtained through unauthorized means from the registered plant variety; (b) plant varieties, which are essentially derived from the registered plant variety provided the registered plant variety is not essentially derived from another plant variety; (c) plant varieties, which are not clearly distinguishable from the registered plant variety; or (d) the production of other plant varieties which require the repeated use of the registered plant variety. Performance of any of the breeders' rights in Malaysia in relation to the registered plant variety without authorization shall constitute infringement. However, the breeders' right does not extend to and there shall be no infringement in respect of any act done privately on a non-commercial basis, any act done for an experimental purpose, any act done for the purpose of breeding other plant varieties and any act within the scope of the breeders' rights in respect of such other plant varieties, except where such other plant varieties have been essentially derived from the registered plant variety. A breeders' rights also does not extend to cover any act of propagation by small farmers using the harvested material of the registered plant variety planted on their own holdings, any exchange of reasonable amounts of propagating materials among small farmers and the sale of farm-saved seeds in situations where a small farmer cannot make use of the farm-saved seeds on his own holding due to natural disaster or emergency or any other factor beyond the control of the small farmer if the amount sold is not more than what is required in his own holding. A breeders' rights further does not extend to any material of the registered plant variety or any material derived from that material, which has been sold within Malaysia on a commercial basis by the breeder or by any other person with his consent, unless such material is used for purposes involving the further propagation of the registered plant variety or the export of the material to a country, which does not protect varieties of the plant genus or species to which the variety belongs and the exported material is not for final consumption.

Invalidation: invalidation may be sought via court proceedings on the grounds that the holder of the registration has furnished false or misleading information, the holder has not complied with the requirements of the Act or the breeders' right granted does not belong to the holder.

Revocation: the Plant Varieties Board may revoke a breeders' right, upon giving written notice to show cause within fourteen days, if the holder fails to pay the relevant fees, the registered plant variety fails to demonstrate continuously the conditions for registration, the holder contravenes the terms and conditions imposed upon him, the holder fails to deposit samples of the seed or any other propagating material of the registered plant variety as required, the holder uses or causes to be used, any sample without prior written permission of the Board, or the holder fails to provide within the specified period the information, facilities or propagating materials deemed necessary and requested for the maintenance of the samples deposited.

Surrender: the breeders' right may be surrendered upon submission of a written request to the Plant Varieties Board together with the certificate of registration.

Assignment and transmission: upon approval from the Plant Varieties Board, a registration or an application may be assigned or transmitted to a legal personal representative or any person entitled by operation of law. Details of the application for assignment or transmission shall be published in the Gazette with a reasonable period of time allowed for any objection, and once approved, the fact of such assignment or transmission shall also be published in the Gazette.