Overview of Compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in Addressing Issues Concerning Patent which Relates with Competition Law: Malaysia Position

Abstract

TRIPS Agreement acknowledged that some licensing restrictions contained in a patent license contract may contravene the principles of competition law. Hence, adoption of appropriate measures to address issues concerning patent license which relates with competition law has been expressly provided by the TRIPS Agreement in its various provisions. Malaysia as a signatory of the TRIPS Agreement is expected to comply with the recommendations in addressing issues concerning patent license and competition law. Therefore, it is the purpose of this article to identify extends of compliance by Malaysia with respect to the suggestions provided by the TRIPS Agreement. The result shows that Malaysia adopts the recommendations provided by the TRIPS Agreement in its legislation, particularly the Patents Act 1983.