plant variety protection

Plant Variety Protection

Henry Goh was one of the first firms to file applications for registration of new plant varieties under Malaysia’s Protection of New Plant Varieties Act 2004 (NPV Act) upon approval of its implementing regulations on 20 October 2008.

A sui generis system of protection, Malaysia’s NPV Act is in line with the Convention on Biological Diversity and is modelled on the International Convention for the Protection of New Plant Varieties.

Our firm has the relevant technical expertise needed to advise on the unique requirements for filing and prosecution of plant variety applications in Malaysia.

It is the intention for the NPV Act to ultimately offer protection to all crops, i.e. an open list system. Currently, priority is given to a list of 25 crops divided amongst local ornamental, fruit, industrial and cereal crops, as well as forest plantation species that are vital to the Malaysian agriculture sector. Acceptance of applications for varieties other than those on the priority list is at the discretion of the Plant Variety Protection Registration Office and is subject to the availability of technical expertise to assess the application.

Malaysia joins the Madrid Protocol


The wait is finally over! On 27 September 2019, Malaysia deposited with WIPO its instrument of accession to the Madrid Protocol, becoming the 106th member of the Madrid System.

The Protocol will take effect for the country on 27 December 2019. From that date, local brand owners in Malaysia can begin making use of the international registration system to protect their trademarks in over 120 territories of the System’s other 105 (currently) members by filing a single international application and paying a single set of fees.

Likewise, foreign trademark owners can take advantage of the System’s simple designation process to seek protection here.

Malaysia has made declarations to extend the refusal period to 18 months, to receive individual fees, to require a declaration of intention to use the mark and to mandate that the recording of licenses in the International Register shall have no effect in Malaysia unless recorded here.

Stay tuned for more updates from us as we close the year 2019.