| dc.description.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. | en_US |
