Malaysia legislation
Section 48
Section 48
For the purpose of this Part—
“beneficiary of the compulsory licence” means the person to whom a compulsory licence has been granted in accordance with this Part;
“compulsory licence” means the authorization to perform in
Malaysia without the agreement of the owner of the patent in respect of the patented invention any of the acts referred to in paragraph 36(1)(a) and subsection 36(3); and
“eligible importing country” means—
(a)
a least developed country which is a member of the World
Trade Organization; and
(b)
any other country which is a member of the World Trade
Organization which—
(i)
notifies the Council for TRIPS of its intention to act as an importer in accordance with Article 31bis and the
Annex to the TRIPS Agreement; and
(ii)
proves that it has insufficient or no manufacturing capacities in the pharmaceutical sector in accordance with the Appendix to the Annex to the TRIPS
Agreement.
Application for compulsory licences