Patent ownership in Malaysia - a comparative legal analysis of the Patents Act 1983.

Abstract

Prior to 1986, Malaysia had a system whereby patents issued in the United Kingdom could be registered in Malaysia. On registration, the patent owner would have privileges and rights as those conferred by the issue of the patent in the United Kingdom. The Patents Act 1983 introduces a completely new code for patent protection in Malaysia. This thesis analyses and evaluates the current provisions relating to the various incidents of ownership of patent and utility model rights in Malaysia with the aim of assisting in the proper construction of the relevant provisions. The issues of entitlement, the rights of co-owners, the exercise and scope of rights as well as the limitations to and loss of these rights are examined. The main objective of this study is to seek to achieve a proper balance between the rights of a patent owner and the public. Where necessary, proposals for reforms are made to amend various aspects of the Act with the aim of achieving this objective, ensuring at the same time that the relevant provisions are in conformity with Malaysia's obligations under the Paris Convention and the GAIT-TRIPS Agreement. Since there is a dearth of legal writing and judicial guidance on the relevant provisions of the Act, the approach adopted in the thesis is based on a comparative study of equivalent provisions of patent statutes in various Commonwealth countries and the United States, with special emphasis on United Kingdom law. Common law doctrines are also examined to determine their applicability in the Malaysian context. Where of assistance, the laws of other jurisdictions are examined. The experience of the working of the patent system in these countries is drawn upon in the search for a proper and viable balance between the rights of the competing groups.