Malaysia legislation
Section 3
Section 3
Section 3 of the principal Act is amended—
(a)
by inserting after the definition of “Corporation”
the following definition:
‘ “Council for TRIPS” means the council established under the TRIPS Agreement;’;
(b)
by inserting after the definition of “filing date”
the following definitions:
‘ “International Depositary Authority” means a depositary institution which has acquired the status of international depositary authority under the Budapest
Treaty;
“micro-organism” means any organism of microscopic size and parts of an organism of microscopic size, including sterile organism, virus and viroid;’;
(c)
by inserting after the definition of “Minister” the following definition:
‘ “Official Journal” means the Intellectual Property
Official Journal published by the Registrar under section 86a;’;
(d)
by inserting after the definition of “patented product”
the following definition:
‘ “pharmaceutical product” means—
(a)
any patented product; or
(b)
any product manufactured through a patented process, of the pharmaceutical sector that includes active ingredient necessary for its manufacture and diagnostic kit needed for its use;’;
Patents (Amendment)
(e)
by inserting after the definition of “Registrar” the following definition:
‘ “resident” includes—
(a)
a citizen of Malaysia who is residing in
Malaysia;
(b)
a non-citizen of Malaysia who—
(i)
has obtained permanent resident status in Malaysia and is ordinarily residing in Malaysia;
or
(ii)
is residing in Malaysia by virtue of a valid pass lawfully issued to him under the Immigration
Act 1959/63 [Act 155] to enter and remain in Malaysia;
(c)
a body corporate incorporated, established or registered under any written law in
Malaysia other than a foreign company;
or
(d)
an unincorporated body established or registered under any written law in
Malaysia;’;
(f)
in the definition of “right”, by substituting for the full stop at the end of that definition a semicolon; and
(g)
by inserting after the definition of “right” the following definition:
‘ “TRIPS Agreement” means the Agreement on
Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to the Agreement Establishing the World Trade Organization.’.
Amendment of section 13