Malaysia legislation
Section 47
Section 47
The principal Act is amended by inserting after section 56
the following section:
“Invalidation proceedings after filing notice of opposition 56a. (1) Where the notice of opposition filed by an interested person under section 55a has not been decided by the Registrar, the interested person may not institute any Court proceedings against the owner of the patent for the invalidation of the patent concerned under section 56 unless—
(a)
both parties to the opposition proceedings agree for the invalidation proceedings to be instituted before the Court; or
(b)
the interested person is a defendant in an infringement proceedings.
(2)
Before the interested person institutes the invalidation proceedings under section 56 by virtue of paragraph (1)(a)
or (b), the interested person shall—
(a)
notify the Registrar of his intention to institute such proceedings; and
(b)
withdraw the notice of opposition filed under section 55a in the prescribed manner.”.
Amendment of section 57