Malaysia legislation
Section 37
Section 37
(1A)
The rights under the patent shall not extend to acts done to make, use, offer to sell or sell a patented invention solely for uses reasonably related to the development and submission of information to the relevant authority either in Malaysia or outside Malaysia which regulates the manufacture, use or sale of pharmaceutical products.
(2)
Without prejudice to section 58A, the rights under the patent shall not extend to acts in respect of products which have been put on the market—
(i)
by the owner of the patent;
(ii)
by a person having the right referred to in section 38;
46
(iii)
by a person having the right referred to in section 43;
(iv)
by the beneficiary of a compulsory licence within the meaning of section 48.
(3)
The rights under the patent shall not extend to the use of the patented invention on any foreign vessel, aircraft, spacecraft or land vehicle which temporarily or accidentally enters Malaysia.
(4)
The rights under the patent shall be limited in duration as provided for in section 35.
(5)
The rights under the patent shall be limited by section 35A by the provisions on compulsory licences as provided in sections 51
and 52 and by the provisions on the rights of Government or any person authorized by the Government as provided in section 84.
Rights derived from prior manufacture or use