While much of the public debate has centred on food prices and import dependency, a quieter policy shift has been unfolding in the background. Malaysia is reviewing its plant variety protection framework to align with the 1991 Act of the International Union for the Protection of New Varieties of Plants( UPOV). This international treaty strengthens intellectual property rights for plant breeders.

The review would involve amendments to the Protection of New Plant Varieties Act 2004( PNPV Act), the law that currently governs breeder rights and farmers’ exemptions in Malaysia. The timeline is linked to Malaysia’ s obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership( CPTPP), which requires member countries to align their plant variety protection regimes with UPOV 1991 standards.

For many Malaysians, the issue may sound technical. But for small-scale and indigenous farmers, it touches on something far more tangible: the right to save, reuse and share seeds.

WHAT IS UPOV 1991?

UPOV is an intergovernmental body that sets international standards for protecting new plant varieties. The 1991 Act grants breeders, whether companies, research institutions or individuals, exclusive rights over new plant varieties for a fixed period, typically 20 to 25 years.

Under UPOV 1991, breeders have stronger control not only over the production and sale of protected seeds, but also over harvested material. Farmers may reuse farm-saved

REALITY CHECK: Members of the farmer associations SAM and FKMM share their objections to UPOV 91 during a press conference.( Photo from: The Sarawak Tribune).

seeds only if national laws explicitly allow it, and even then,“ within reasonable limits” and subject to safeguarding breeder interests.

Malaysia’ s current PNPV Act already provides protection to plant breeders. However, it also contains specific exemptions for small farmers, including provisions that allow certain groups to save and exchange seeds under defined conditions.

Civil society groups argue that these exemptions are among the more flexible features of Malaysia’ s existing framework.

The proposed alignment with UPOV 1991 has therefore prompted questions: would these exemptions remain intact, be narrowed, or redefined?

If seeds are protected like inventions, what happens to traditional seed sharing?

CONCERNS FROM THE GROUND

In Sarawak and Sabah, indigenous and rural communities have voiced concern over the potential impact of stricter plant breeder rights. For these communities, traditional seed-saving practices are not just agricultural methods but deeply rooted elements of cultural heritage.

These seeds embody generations of knowledge and adaptation, and are considered part of Malaysia’ s living heritage. Many advocates argue that safeguarding indigenous seed systems is essential not only for agro-biodiversity but also for preserving the nation ' s unique identity and the cultural capital that binds its diverse peoples.

Organisations such as Sahabat Alam Malaysia( SAM) and the Malaysia Food Sovereignty Forum( FKMM) have argued that adopting UPOV 1991 without robust safeguards could restrict long-standing practices of seed saving and exchange.

In many rural communities, seeds are not simply agricultural inputs; they are part of cultural heritage, adapted over generations to local soils, climates and tastes.

Critics have also raised concerns about biodiversity. Malaysia is home to diverse traditional rice varieties and other crops cultivated outside formal commercial systems.

They fear that stronger intellectual property regimes may favour commercially bred varieties over community-maintained landraces, potentially narrowing crop diversity over time.