Section 62
Section 84 of the principal Act is amended—
of Patents (Amendment) Act 2022
Amendment ActIn forceProvision 62 of 69
Section 62
(a)
by inserting after subsection (5) the following subsection:
“(5a) Where the exploitation of a patented invention involves an importation of a pharmaceutical product into Malaysia for the purposes of paragraph (1)(a)—
(a)
the Council for TRIPS shall be notified; and
(b)
no remuneration shall be payable to the owner of the patent in Malaysia under subsection (3)
if adequate remuneration is paid to the owner of the patent in the exporting country.”; and
(b)
in subsection (8), by substituting for the words
“The exploitation of the invention” the words
“The exploitation of the patented invention”.
Patents (Amendment)
35
Amendment of section 86