The authorization of the breeder is required for the selling of seeds of a protected variety by any person.

Under the Protection of New Plant Varieties Malaysia Act 2004 (PNPV), the scope of a breeder's right extends to acts carried out on a commercial basis including producing or reproducing, conditioning for the purpose of propagation, offering for sale, marketing, exporting, importing and stocking the material for the earlier activities. Any unauthorized conduct of such acts will constitute an infringement under the PNPV law.

No. the Malaysian Patent Act 1983 had provided that plants and animals fall into the matter which cannot be patentable. As plant variety is excluded from patentability, the introduction of the sui generis plant variety system would complement well with the whole intellectual property ecosystem in Malaysia. 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. Hence, Malaysia had implemented PNPV.