INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA

The main purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Paten...

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Autores principales:	Rahamatthunnisa Mohamed Nizamuddin, Mohsin Hingun
Formato:	article
Lenguaje:	EN
Publicado:	UUM Press 2020
Materias:	article 31bis compulsory licence (cl) patents act 1983 (pa) public health flexibilities trips agreement International relations JZ2-6530
Acceso en línea:	https://doaj.org/article/07c4c0159fb1409c9e135f41aabac19c
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spelling	oai:doaj.org-article:07c4c0159fb1409c9e135f41aabac19c2021-11-16T02:07:52ZINCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA10.32890/jis2020.16.51823-691Xhttps://doaj.org/article/07c4c0159fb1409c9e135f41aabac19c2020-12-01T00:00:00Zhttp://e-journal.uum.edu.my/index.php/jis/article/view/jis2020.16.5https://doaj.org/toc/1823-691XThe main purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Patents Act 1983 to incorporate these flexibilities? Malaysia must develop effective strategies to implement policies, law and governance in managing the country’s public health system. This is to ensure that the balance of rights between intellectual property owners and the public is maintained at all times. This study employs a qualitative research methodology that is based on primary sources such as the TRIPS Agreement and the Patents Act 1983, and is further supported by secondary sources such as journals and the contents of authorities’ websites. This study is limited to the issues related to public health and patents. This study includes a discussion on the provisions related to patents and public health, proposed amendments to the Patents Act 1983 that should incorporate the provisions from Article 31bis, and a conclusion was presented on the importance of immediately amending the Patent Act 1983 to incorporate these provisions, particularly during the current Covid-19 pandemic. This study proposes that the amendments must be made to Section 84 of the Patents Act 1983 with respect to Rights of Government, and not through the compulsory licence mechanism under Part X of the Patents Act 1983. Thus, this study concludes that currently, Malaysia is unable to implement the provisions under Article 31bis, unless the Patents Act 1983 is amended. Rahamatthunnisa Mohamed NizamuddinMohsin HingunUUM Pressarticlearticle 31biscompulsory licence (cl)patents act 1983 (pa)public health flexibilitiestrips agreementInternational relationsJZ2-6530ENJournal of International Studies, Vol 16, Pp 73-88 (2020)
institution	DOAJ
collection	DOAJ
language	EN
topic	article 31bis compulsory licence (cl) patents act 1983 (pa) public health flexibilities trips agreement International relations JZ2-6530
spellingShingle	article 31bis compulsory licence (cl) patents act 1983 (pa) public health flexibilities trips agreement International relations JZ2-6530 Rahamatthunnisa Mohamed Nizamuddin Mohsin Hingun INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
description	The main purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Patents Act 1983 to incorporate these flexibilities? Malaysia must develop effective strategies to implement policies, law and governance in managing the country’s public health system. This is to ensure that the balance of rights between intellectual property owners and the public is maintained at all times. This study employs a qualitative research methodology that is based on primary sources such as the TRIPS Agreement and the Patents Act 1983, and is further supported by secondary sources such as journals and the contents of authorities’ websites. This study is limited to the issues related to public health and patents. This study includes a discussion on the provisions related to patents and public health, proposed amendments to the Patents Act 1983 that should incorporate the provisions from Article 31bis, and a conclusion was presented on the importance of immediately amending the Patent Act 1983 to incorporate these provisions, particularly during the current Covid-19 pandemic. This study proposes that the amendments must be made to Section 84 of the Patents Act 1983 with respect to Rights of Government, and not through the compulsory licence mechanism under Part X of the Patents Act 1983. Thus, this study concludes that currently, Malaysia is unable to implement the provisions under Article 31bis, unless the Patents Act 1983 is amended.
format	article
author	Rahamatthunnisa Mohamed Nizamuddin Mohsin Hingun
author_facet	Rahamatthunnisa Mohamed Nizamuddin Mohsin Hingun
author_sort	Rahamatthunnisa Mohamed Nizamuddin
title	INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
title_short	INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
title_full	INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
title_fullStr	INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
title_full_unstemmed	INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
title_sort	incorporating article 31bis flexibilities on trips public health into domestic patent system: the inescapable way forward for malaysia
publisher	UUM Press
publishDate	2020
url	https://doaj.org/article/07c4c0159fb1409c9e135f41aabac19c
work_keys_str_mv	AT rahamatthunnisamohamednizamuddin incorporatingarticle31bisflexibilitiesontripspublichealthintodomesticpatentsystemtheinescapablewayforwardformalaysia AT mohsinhingun incorporatingarticle31bisflexibilitiesontripspublichealthintodomesticpatentsystemtheinescapablewayforwardformalaysia
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INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA

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