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Amending section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis trips agreement
Hingun, M1, Mohamed Nizamuddin, R2.
The significance of this study lies in its proposal to insert an
appropriate provision into the Patents Act 1983 to embody the
provisions of Article 31bis TRIPS Agreement. The methodology
adopted in this study is library-based, and relies extensively on
primary sources such as the Paris Convention, the TRIPS Agreement
and the Patents Act 1983. This is further supported through secondary
sources such as articles, books, websites and newspaper reports.
The research question posed in this study aims to identify the most
appropriate provision that should be incorporated into the Patents
Act 1983 in addressing the public health flexibilities provided under
Article 31bis. The purpose of this study is to demonstrate that Article
31bis is best incorporated into the Patents Act 1983, under the right
of the government mechanism rather than through the compulsory
license mechanism. Furthermore, the scope of this study is limited
to issues that address the abuse of monopoly, granted by the patent
system, with respect to the dire needs of public health. Hence, this
paper discusses the mechanisms that address the abuse of the patent
system under Article 5(A) Paris Convention, Articles 31 and 31bis TRIPS Agreement, the relevant corresponding provisions under
the Patents Act 1983, and subsequently formulates new proposed
amendments to Section 84 of the Patents Act 1983 to buttress the
public health flexibilities provided under Article 31bis. The outcome
of this study proposes that the provisions of Article 31bis should
be incorporated into the Patents Act 1983 under the right of the
government mechanism, by replacing the current Section 84 of the
Patents Act 1983 with a newly proposed Section 84. 9-7.
Affiliation:
- International Islamic University of Malaysia, Gombak,, Malaysia
- International Islamic University of Malaysia, Gombak,, Malaysia
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Indexation |
Indexed by |
MyJurnal (2021) |
H-Index
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1 |
Immediacy Index
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0.000 |
Rank |
0 |
Indexed by |
Scopus 2020 |
Impact Factor
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CiteScore (0.2) |
Rank |
Q4 (Law) Q4 (Sociology and Political Science) |
Additional Information |
SJR (0.164) |
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