Malaysia legislation
Section 3
Section 3
Interpretation
“appointed date” has the same meaning as is assigned to that expression in the Intellectual Property Corporation of Malaysia Act 2002 [Act 617];
“Assistant Registrar” means the person appointed or deemed to have been appointed to be an Assistant Registrar under subsection 8(2)
or (3);
“authorized officer” means an officer authorized under section 68;
“Corporation” means the Intellectual Property Corporation of
Malaysia established under the Intellectual Property Corporation of
Malaysia Act 2002;
“Council for TRIPS” means the council established under the TRIPS
Agreement;
“Court” means the High Court, or Judge thereof;
“Deputy Registrar” means the person appointed or deemed to have been appointed to be a Deputy Registrar under subsection 8(2) or (3);
“employee” means a person who works or has worked under a contract of employment, or who is in employment under, or for the purposes of, any individual or organization;
“employer”, in relation to an employee, means the person by whom the employee is or was employed;
“Examiner” means any person, government department, unit or organization, or any foreign or international patent office or organization, appointed by the Corporation under section 9A;
“filing date” means the date recorded by the Registrar as the filing date under section 28;
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“International Depositary Authority” means a depositary institution which has acquired the status of international depositary authority under the Budapest Treaty;
“microorganism” means any organism of microscopic size and parts of an organism of microscopic size, including sterile organism, virus and viroid;
“Minister” means the Minister for the time being charged with the responsibility for intellectual property;
“Official Journal” means the Intellectual Property Official Journal published by the Registrar under section 86A;
“owner of the patent” or “owner of a patent” means the person for the time being recorded in the Register as the grantee of a patent;
“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
“pharmaceutical product” means—
(a)
any patented product; or
(b)
any product manufactured through a patented process, of the pharmaceutical sector that includes active ingredient necessary for its manufacture and diagnostic kit needed for its use;
“prescribed” means prescribed by regulations made under this Act;
“priority date” means the date prescribed in section 27A;
“process” includes an art or a method;
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“product” means any thing which appears in tangible form, and includes any apparatus, article, device, equipment, handicraft, implement, machine, substance and composition;
“Register” means the Register of Patents and the Register for
Certificates for Utility Innovations kept under this Act;
“Registrar” means the Registrar of Patents as designated in subsection 8(1);
“resident” includes—
(a)
a citizen of Malaysia who is residing in Malaysia;
(b)
a non-citizen of Malaysia who—
(i)
has obtained permanent resident status in Malaysia and is ordinarily residing in Malaysia; or
(ii)
is residing in Malaysia by virtue of a valid pass lawfully issued to him under the Immigration Act 1959/63 [Act 155] to enter and remain in Malaysia;
(c)
a body corporate incorporated, established or registered under any written law in Malaysia other than a foreign company; or
(d)
an unincorporated body established or registered under any written law in Malaysia;
“right”, in relation to any patent application or patent, includes an interest in the patent application or patent and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
“TRIPS Agreement” means the Agreement on Trade-Related
Aspects of Intellectual Property Rights set out in Annex 1C to the
Agreement Establishing the World Trade Organization.
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