Malaysia legislation
Section 38
Section 38
(a)
was in good faith in Malaysia making the product or using the process which is the subject of the invention claimed in the application;
(b)
had in good faith in Malaysia made serious preparations towards the making of the product or using the process referred to in paragraph (a), he shall have the right, despite the grant of the patent, to exploit the patented invention:
Provided that the product in question is made, or the process in question is used, by the said person in Malaysia:
Provided further that he can prove, if the invention was disclosed under the circumstances referred to in paragraph 14(3) (a), (b) or (c)
that his knowledge of the invention was not a result of such disclosure.
Patents 47
(2)
The right referred to in subsection (1) shall not be assigned or transmitted except as part of the business of the person concerned.