Malaysia legislation

Section 35

of PATENTS (AMENDMENT) ACT 2022

Section 35

Amendment of section 48

(a)

in the definition of “beneficiary of the compulsory licence”, by deleting the word “and” at the end of that definition;

(b)

in the definition of “compulsory licence”, by substituting for the full stop at the end of that definition the words

“; and”; and

(c)

by inserting after the definition of “compulsory licence”

the following definition:

‘ “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.’.

Amendment of section 49

Section 35 — PATENTS (AMENDMENT) ACT 2022 | mylaw.my