Access to Biological Resources and Benefit Sharing Act 2017 Part VI — MONITORING AND TRACKING

s 30–s 31 · 2 sections

Measures for monitoring and tracking

s 30

(1) The National Competent Authority, in consultation with the Competent Authority and other relevant agencies shall establish measures for the purpose of monitoring and tracking the biological resource or traditional knowledge associated with a biological resource. (2) Such measures shall include— (a) the designation of checkpoints; and (b) the requirement for the production of the permit at the checkpoints established. (3) The checkpoints designated under paragraph (2)(a) shall include offices or authorities dealing with applications for patent, product registration or approval and public research funding grants. (4) The authorities responsible for the checkpoints shall inform the National Competent Authority and the relevant Competent Authority in writing of the production of the permit under paragraph (2)(b).

Notification for application of patent

s 31

(1) Any person applying for a patent, whether in or outside Malaysia, in relation to a biological resource or traditional knowledge associated with a biological resource accessed shall notify to the National Competent Authority in writing within thirty days from the date of the application. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable— (a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; and (b) where such person is a body corporate, to a fine of not exceeding five hundred thousand ringgit.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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