Malaysia legislation
Section 49
Section 49
(a)
where there is no production of the patented product or application of the patented process in Malaysia without any legitimate reason;
(b)
where there is no product produced in Malaysia under the patent for sale in any domestic market, or there are some but they do not meet public demand without any legitimate reason.
(1A)
Notwithstanding subsection (1), at any time after the grant of a patent, any person may make an application to the Registrar for a compulsory licence—
(a)
where the products produced in Malaysia under the patent for sale in the domestic market are sold at unreasonably high prices without any legitimate reason; or
(b)
for the purposes of production of a pharmaceutical product in
Malaysia and exportation of such pharmaceutical product to an eligible importing country to deal with its public health problem.
(2)
Except for paragraph (1A)(b), a compulsory licence shall not be applied for unless the person making the application has made efforts to obtain authorization from the owner of the patent on reasonable commercial terms and conditions but such efforts have not been successful within a reasonable period of time.
(3)
The application for a compulsory licence shall be in compliance with such regulations as may be prescribed by the Minister.
Application for compulsory licence based on interdependence of patents