Section 36

in paragraph (1)(b), by deleting the words “are sold at unreasonably high prices or”;

by inserting after subsection (1) the following subsection:

“(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—

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

Patents (Amendment)

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.”;

and

in subsection (2), by substituting for the words

“A compulsory licence” the words “Except for paragraph (1a)(b), a compulsory licence”.

Amendment of section 50