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Application for New Registration / Pesticides should be made to the Pesticides Board through  Form A .

Separate applications must be made for different pesticides.

A body corporate that submits an application to the Board for New Registration / Re-Pest Pesticides shall be a company incorporated under the Companies Act 1965 [Act 125].

The fee for the application for New Registration / Re-Pest Poison is RM1,500.00 and is paid at the time of application. The application fee paid is non-refundable.
Payment for New / Re-Registration of Pesticides according to the class allocated for pesticides as prescribed in subparagraph 4 (j) (i) of the Pesticides (Labeling) Regulations 1984 [PU (A) 251/1984] as per following:
  • RM3,500.00 for Class 1a and Class 1b pesticides;
  • RM2,000.00 for Class II pesticides;
  • RM1,000.00 for Class III pesticides; and
  • RM500.00 for Class IV pesticides

and must be paid before the certificate of registration is issued

Protection of Malaysian Plant Varieties

Plant Breeding Rights, also called Plant Variety Protection (PVP), is a form of Intellectual Property Rights (IPR). It is an exclusive right granted to breeders of new varieties to exploit the species and has the same characteristics as patents for industrial inventions. Both forms of protection grants to holders are a form of exclusive right to pursue innovative activities.

PVP can also be compared to copyright, as PVP allows the reproduction (copying) of protected plant varieties to be prevented by the owners of those protected varieties. PVP is sui generis (unique in nature) where the form of protection is adapted for the purpose of protection of new varieties of plants. It has certain features that are similar to other IPRs but at the same time, have differences to the basics.

Since the early 19th century, in agriculture and forestry, the introduction of new varieties has been an important component in maintaining and maintaining good and high and high quality plant productivity. New varieties are always bred for higher yields, for good agronomic characteristics such as taste, for resistance to pests or diseases, for tolerance to salinity or drought conditions and so on.

The Malaysian government recognizes the importance of PVP for national development. Malaysia, which is a member of the World Trade Organization (WTO) and signed the TRIPS Agreement, under Article 27.3 (b) states that member states shall provide for the protection of plant varieties through an effective patent or sui generis system or by any combination of such regulations . Therefore, Malaysia is able to fulfill its obligations for Article 27.3 (b) of the TRIPS Agreement with the introduction of this PVP law.

With PVP law, growers are in a better position to have access to new varieties and better for commercial cultivation. Medium climate flower growers in Malaysia, for example, face problems in obtaining new varieties from the Netherlands and other countries. The right to harvested plant material further complicates this issue. The purpose of this Act is to provide for the protection of the breeding rights of new varieties of plants, and the recognition and protection of the contributions made by farmers, local and indigenous peoples to the creation of new varieties of plants; to encourage investment and development in the propagation of new varieties of plants in the public and private sectors; and to provide for related matters.

The Department of Agriculture (DOA) has registered fruit clones since the early 1930s and officially became the National Registrar of Varieties in 1994 by the Ministry of Agriculture. Responsibility in implementing the PNPV Act 2004 has been entrusted to the Department of Agriculture Malaysia.

The PNPV Act is pan-Malaysia in general, which applies to all plants but does not include microorganisms. IPR protection of new varieties is provided through the registration process based on the verification of plant characteristics that distinguish it from other varieties

Under the PNPV Act, the scope of breeding rights includes commercially carried out actions including producing or reproducing, preparing for dissemination purposes, offering for sale, marketing, exporting, importing and storing materials for initial activities. Therefore, unauthorized conduct of this act would be a violation of rights under PNPV law.

However, there are limits to the rights of breeders under this Act. This limitation includes any act done personally on a non-commercial basis or for experimental purposes or any act performed for the purpose of breeding other plant varieties, breeding by smallholders using harvested varieties of registered plant varieties grown by themselves , reasonable exchange of breeding materials among smallholders and sale of seeds from their own farms in circumstances where non-consumption is beyond the control of the farmer.

Individuals who may apply for registration of new varieties of plants and the granting of breeder rights are the breeder, the breeder's employer, the heir in the breeder's property, a farmer or a group of farmers, a local or indigenous community who has performed the breeding function and whichever government body or statutory body has performed the breeding function. However, if the applicant's usual place of residence or the principal place of business is outside Malaysia or if the applicant is a group of farmers, the applicant must appoint an agent who is resident or who has a registered office in Malaysia. In addition, if the applicant is a local community or an indigenous person, the authority representing the local or indigenous community must be an agent.

Plant varieties are new if on the date of filing the application for registration and grant of breeding rights or breeding material of the breeder is not sold or disposed of commercially by or with the consent of the breeder earlier than one year in Malaysia, and in other countries, is more earlier than six years for creeping trees and plants and earlier than four years for other plant varieties.

In addition to the Procedures and Conditions for the Application for Registration of New Plant Varieties and the Granting of Breeding Rights, Rights, Limits and Duties of Holders, the New Plant Variety Protection (PNPV) Act 2004 provides:

  • Establish and manage the Malaysian Plant Variety Board to administer the full rights of breeders;
  • Issuance of compulsory license;
  • Invalidation, cancellation, surrender and assignment or transfer of rights;
  • Establishment of the Appeal Board to hear appeals from the persecuted party;
  • Violations and processes for claims for damages;
  • Offenses and penalties; and
  • Enforcement and investigation