Plant Variety Protection in Malaysia
Plant Variety Protection (PVP) is a form of Intellectual Property Rights which gives plant breeders the exclusive right to exploit their respective new plant varieties. The PVP is also known as the Plant Breeders' Rights. The rights to exploit new varieties will permit plant breeders to pursue their innovation and work towards the development of new plant varieties.
Farmers have been using the plants and animal genetic resources for a long time for breeding purposes. The development in the modern biotechnology especially with the help of genetic engineering purposes. The plant genetic resources play a crucial role in betterment of global nutrition and health. It is one of the most essential categories of biological resources giving the foundation for the food production and the key to unprecedented number of people in the period of environmental and climate change.
The innovation and growing knowledge in genetics have consequently changed the plant breeding into a more complex scientific process involving a greater degree of modifications and changes. The evolutionary process of agriculture involving plant genetic resources has affected the entire community. The expansion of the intellectual property rights in the plants and the varieties has created innumerable controversies and questions about the farmers-centred practices. The private and individual nature of the IPRs at odds with the traditional farming practices which are deeply rooted in communal good.
The role and contribution of farmers globally towards the conservation and development of the diversity and it has been affirmed in Paragraph 7 of the International Treaty on Food and Agriculture (FAO Treaty). Affirming that the past, present and future contributions of farmers in all regions of the world, in conserving, improving and making available the resources, is the basis of Farmers' Rights.
Protection in Malaysia
Plant Variety Protection in Malaysia is regulated by the Protection of New Plant Varieties Malaysia Act 2004 and the Protection of New Plant Varieties Regulations 2008. The NPV Act was recognised on the 1st July 2004 and officially came into force on the 20th October 2008.
The purposes of the NPV Act are to:
- Protect the rights of breeders of new plant varieties;
- Recognise and protect the contribution made by farmers, local communities and indigenous people towards the development of new plant varieties;
- Stimulating creation, growth and investment of the breeding of new plant varieties.
Indigenous People
According to Article 2 of the 2004 Act, "indigenous people" means persons who fall within the definition of the "aborigine" or "native" as defined in Article 160 (2) and Article 161A (6) of the Federal Constitution.
Articles 12 and 14 of the Act defines the scope of protection. Article 12 provides for the application for registration of new plant variety and grant of breeder's right. An application that is made for the registration of the plant variety and grant of breeder's right must be accompanied with the prior written consent of the authority representing the local community and should also be supported by the documents relating to the compliance of any law regarding the access and sharing of genetic resources.
Article 14 states the conditions for the registration of new plant variety and the grant of subsequent breeder's right. It is provided that a plant variety shall be registered as a new one only if the variety is new, distinct, uniform and stable.
These are the provisions that have been important for the requisite and complete protection of plant varieties in the country.
Conclusion
The small farming communities who play a vital role in food security as the conserver and stewards of plant genetic diversity, should be recognised and rewarded for their continuous efforts. The support and recognition through Farmers' Rights does not mean only monetary gains should be given to them but also other kind of sharing such as support in conservation effort and facilitating access to better seed varieties and cooperation with small breeders. There is a need for an analysis to be conducted on the role played by the Malaysian state towards implementing and strengthening of the rights of small farmers in Malaysia under the plant variety protection law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
