Online News Portal in Malaysia - A Revisit to the Regulatory Regime Governing the Media in the Era of Media Convergence
The purpose of this study is to show that Malaysia as at 2019, cannot implement the rights envisaged under the newly incorporated Article 31bis of the TRIPS Agreement in respect of flexibilities on public health, as there are no provisions in the Patents Act 1983 permitting this. The main research...
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| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2019
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1811/1/FH03-FUHA-20-40299.pdf http://eprints.unisza.edu.my/1811/ |
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| Summary: | The purpose of this study is to show that Malaysia as at 2019, cannot implement the rights envisaged under
the newly incorporated Article 31bis of the TRIPS Agreement in respect of flexibilities on public health,
as there are no provisions in the Patents Act 1983 permitting this. The main research question of this study
is why Malaysia should amend its Patents Act 1983 to incorporate the flexibilities provided by Article
31bis, although these flexibilities are optional and not mandatory provisions. Malaysia must have effective
strategies in implementing a good policy, law and governance in managing the country, especially in respect
of public health issues and ensure that there is balance of rights between intellectual property owners and the
public, at all times. This study is based on qualitative research, as the basis of this study is very much reliant
on primary sources being the TRIPS Agreement and the Patents Act 1983, supported by secondary sources
being journals and contents of authorities’ websites. This study is limited to issues related to public health
and patents only and does not deal with other types of intellectual property. The study encompasses the
relevant provisions of the TRIPS Agreement and Malaysian Patents Act 1983 related to patents and public
health; suggestions as to the amendments to be made to the Patents Act 1983 in respect of Article 31bis;
and a conclusion that although the rights envisaged under Article 31bis of the TRIPS Agreement is optional
and not mandatory, it is prudent for Malaysia to reflect these rights into the Patents Act 1983 immediately.
The outcome of the study shows that although Malaysia was early in accepting the public health flexibilities
amendments of the TRIPS Agreement in 2015, it currently cannot exercise these flexibilities, unless the
Patents Act 1983 is amended to incorporate these rights. |
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