Section 49A
Application for compulsory licence based on interdependence of patents
If the invention claimed in a patent (“later patent”) cannot be worked in Malaysia without infringing a patent granted on the basis of an application benefiting from an earlier priority date (“earlier patent”), and if the invention claimed in the later patent constitutes, in the opinion of the Registrar, an important technical advance of
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considerable economic significance in relation to the invention claimed in the earlier patent, the Registrar, upon the request of the owner of the later patent, the licensee of a licence contract under the later patent or the beneficiary of a compulsory licence under the later patent, may grant a compulsory licence to the extent necessary to avoid infringement of the earlier patent.
(2)
If a compulsory licence is granted under subsection (1), the
Registrar, upon the request of the owner of the earlier patent, the licensee of a licence contract under the earlier patent or the beneficiary of a compulsory licence under the earlier patent, may grant a compulsory licence under the later patent.