Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement

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,...

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Main Authors:	Hingun, Mohsin, Mohamed Nizamuddin, Rahamatthunnisa
Format:	Article
Language:	English English
Published:	College of Law Government and International Studies, Utara Malaysia (UUM) 2020
Subjects:	K1401 Intellectual Property
Online Access:	http://irep.iium.edu.my/78065/ http://irep.iium.edu.my/78065/ http://irep.iium.edu.my/78065/2/Art%20to%20UUMJLS%20Dec%202019.pdf http://irep.iium.edu.my/78065/12/78065%20Amending%20Section.pdf

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recordtype	eprints
spelling	iium-780652020-03-09T09:29:23Z http://irep.iium.edu.my/78065/ Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement Hingun, Mohsin Mohamed Nizamuddin, Rahamatthunnisa K1401 Intellectual Property 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, TRIPS Agreement and 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 the public health. Hence, this paper discusses the mechanisms that address 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 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 Patents Act 1983 with a newly proposed Section 84. College of Law Government and International Studies, Utara Malaysia (UUM) 2020 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/78065/2/Art%20to%20UUMJLS%20Dec%202019.pdf application/pdf en http://irep.iium.edu.my/78065/12/78065%20Amending%20Section.pdf Hingun, Mohsin and Mohamed Nizamuddin, Rahamatthunnisa (2020) Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement. UUM Journal of Legal Studies (UUMJLS), xx (xx). pp. 1-16. ISSN 2229-984X E-ISSN 0127-9483 (In Press) http://www.uumjls.uum.edu.my/index.php/forthcoming-articles
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K1401 Intellectual Property
spellingShingle	K1401 Intellectual Property Hingun, Mohsin Mohamed Nizamuddin, Rahamatthunnisa Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement
description	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, TRIPS Agreement and 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 the public health. Hence, this paper discusses the mechanisms that address 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 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 Patents Act 1983 with a newly proposed Section 84.
format	Article
author	Hingun, Mohsin Mohamed Nizamuddin, Rahamatthunnisa
author_facet	Hingun, Mohsin Mohamed Nizamuddin, Rahamatthunnisa
author_sort	Hingun, Mohsin
title	Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement
title_short	Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement
title_full	Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement
title_fullStr	Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement
title_full_unstemmed	Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement
title_sort	amending section 84 patents act 1983 to encompass the health flexibilities leverage accorded by article 31bis trips agreement
publisher	College of Law Government and International Studies, Utara Malaysia (UUM)
publishDate	2020
url	http://irep.iium.edu.my/78065/ http://irep.iium.edu.my/78065/ http://irep.iium.edu.my/78065/2/Art%20to%20UUMJLS%20Dec%202019.pdf http://irep.iium.edu.my/78065/12/78065%20Amending%20Section.pdf
first_indexed	2023-09-18T21:50:02Z
last_indexed	2023-09-18T21:50:02Z
_version_	1777413707107663872

Amending Section 84 Patents Act 1983 to encompass the health flexibilities leverage accorded by article 31bis TRIPS agreement

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