Malaysia legislation
Section 46
Section 46
Provided that—
Where, before the expiration of the licence contract, any of the following events occur in respect of the patent application or patent referred to in such contract:
(a)
the patent application is withdrawn;
(b)
the patent application is finally rejected;
(c)
the patent is surrendered;
(d)
the patent is declared invalid;
(e)
the licence contract is invalidated, the licensee shall no longer be required to make any payment to the licensor under the licence contract, and shall be entitled to repayment of the payment already made:
Provided that the licensor shall not be required to make any repayment, or shall be required to make repayment only in part, to the extent that he can prove that any such repayment would be inequitable under all the circumstances, in particular if the licensee has effectively profited from the licence.
Expiry, termination or invalidation of licence contract