Malaysia legislation

Section 45

of *PATENTS ACT 1983

Section 45

Any clause or condition in a licence contract shall be invalid in so far as it imposes upon the licensee, in the industrial or commercial field, restrictions not derived from the rights conferred by this Part on the owner of the patent, or unnecessary for the safeguarding of such rights:

(a)

restrictions concerning the scope, extent or duration of exploitation of the patented invention, or the geographical area in, or the quality or quantity of the products in connection with, which the patented invention may be exploited; and

(b)

obligations imposed upon the licensee to abstain from all acts capable of prejudicing the validity of the patent, shall not be deemed to constitute such restrictions.

Patents 51

Effect of patent application not being granted or patent being declared invalid